Superannuation Industry (Supervision) Act 1993

PART 2B - REGISTRABLE SUPERANNUATION ENTITIES  

Division 2 - Applying for registration  

SECTION 29L   APPLICATIONS FOR REGISTRATION  

29L(1)   Who may apply for registration.  

An RSE licensee may apply to APRA for registration of a registrable superannuation entity.

29L(2)   Requirements for applications.  

An application for registration of a registrable superannuation entity must:


(a) be in the approved form; and


(b) contain the information required by the approved form; and


(ba) state the RSE licensee's and the entity's ABNs; and


(c) be accompanied by an up-to-date copy of the trust deed by which the registrable superannuation entity is constituted (except to the extent that the trust deed is constituted by the governing rules of the entity); and


(d) be accompanied by an up-to-date copy of the governing rules of the registrable superannuation entity (except to the extent that the governing rules are constituted by the law of the Commonwealth or by unwritten rules).


(e) (Repealed by No 117 of 2012)


(f) (Repealed by No 117 of 2012)

Note:

If the RSE licensee is a group of individual trustees, the copy or statement must be signed by each of the members of the group: see subsection 13A(6) .

29L(3)   Notifying certain changes while applications are pending.  

If:


(a) an RSE licensee applies for registration of a registrable superannuation entity; and


(b) after the application is made but before APRA decides the application, the trust deed (other than the governing rules of the entity) by which the entity is constituted is varied or revoked and replaced;

the RSE licensee must lodge an up-to-date copy of the trust deed with APRA as soon as practicable after the trust deed is varied or revoked and replaced.

29L(4)   [Variation of governing rules while application pending]  

If:


(a) an RSE licensee applies for registration of a registrable superannuation entity; and


(b) after the application is made but before APRA decides the application, any governing rules of the entity (that are not constituted by the law of the Commonwealth or by unwritten rules) are varied or revoked and replaced;

the RSE licensee must lodge an up-to-date copy of the governing rules (that are not constituted by the law of the Commonwealth or by unwritten rules) with APRA as soon as practicable after the governing rules are varied or revoked and replaced.

29L(5)  
(Repealed by No 117 of 2012)

29L(6)   [Non-compliance]  

An application is taken not to comply with this section if subsection (3) or (4) is contravened.

Note:

APRA cannot register an entity while the application does not comply with this section: see paragraph 29M(1)(a) .

29L(7)   Lapsed applications.  

An application for registration lapses if:


(a) it was made by an RSE licensee; and


(b) the RSE licensee ceases to be an RSE licensee before:


(i) APRA makes a decision on the application for registration; or

(ii) if APRA ' s decision with respect to the application is subject to review under this Act - before the review is finally determined or otherwise disposed of.


 

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