Superannuation Industry (Supervision) Act 1993
[ CCH Note: Subdiv C heading will be substituted by No 69 of 2020, s 3 and Sch 1 item 1423, effective 22 June 2022 or a day or days to be fixed by Proclamation. For application provisions, see note under s 128J . The heading will read:
Subdivision C - Registrar must record certain particulars
The Regulator must cause a Register of Approved SMSF Auditors to be kept for the purposes of this Act. 128J(2)
The Regulator must cause the entry in the Register of the following particulars relating to each person who is an approved SMSF auditor or suspended SMSF auditor:
(a) the person ' s name;
(b) the day the person ' s registration took effect;
(c) the address of the principal place where the person practises as an auditor of self managed superannuation funds;
(d) if the person practises as an auditor or a member of a firm, or under a name or style other than the person ' s own name - the name of the firm, or the name or style under which he or she so practises;
(e) particulars of any suspension of the person ' s registration.
The Regulator may cause the entry in the Register of such other particulars relating to the person as the Regulator considers appropriate.128J(3)
If the person ceases to be an approved SMSF auditor (for a reason other than the person becoming a suspended SMSF auditor), the Regulator must cause to be removed from the Register the person ' s name and any other particulars relating to the person that are entered in the Register. 128J(4)
A person may inspect and make copies of, or take extracts from, the Register.
S 128J will be substituted by No 69 of 2020, s 3 and Sch 1 item 1423, effective 22 June 2022 or a day or days to be fixed by Proclamation. S 128J will read:
SECTION 128J PARTICULARS RELATING TO APPROVED SMSF AUDITORS ETC.
The Registrar must maintain records of particulars relating to the following persons:
(a) a person who is an approved SMSF auditor or suspended SMSF auditor;
(b) a person whose registration as an approved SMSF auditor has been cancelled under section 128E ;
(c) a person for whom an order disqualifying a person from being an approved SMSF auditor is in force under section 130F .
Maintaining the records may involve removing a record relating to a particular person.
No 69 of 2020, s 3 and Sch 1 items 1465
1467 contain the following application provisions:
then, on and after that day:
1465 Application of amendments relating to the Australian Business Register
The amendments made apply on and after the day the Minister appoints as Registrar, under section 6 of the Commonwealth Registers Act 2020 , a Commonwealth body with functions and powers in connection with the A New Tax System (Australian Business Number) Act 1999 . 1466 Application of amendments relating to certain registers under the Superannuation Industry (Supervision) Act 1993
The amendments made apply on and after the day (the appointment day) the Minister appoints as Registrar, under section 6 of the Commonwealth Registers Act 2020 , a Commonwealth body with functions and powers in connection with the Superannuation Industry (Supervision) Act 1993 . 1467 Things started but not finished by ASIC under the Superannuation Industry (Supervision) Act 1993
(a) before the appointment day, ASIC started doing a thing under the Superannuation Industry (Supervision) Act 1993 as in force immediately before that day; and
(b) immediately before that day, ASIC had not finished doing that thing; and
(c) after that day, that thing falls within the powers or functions of the Registrar;
(d) ASIC may finish doing the thing as if the thing were being done by the Registrar in the performance or exercise of the Registrar ' s functions or powers; or
(e) if ASIC does not finish doing the thing under paragraph (d) - the Registrar may finish doing the thing in the performance or exercise of the Registrar ' s functions or powers.
then, on and after that day:
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