Retirement Savings Accounts Act 1997 (Cth)

Retirement Savings Accounts Act 1997

No. 61, 1997

Compilation No. 50

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Retirement Savings Accounts Act 1997 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to provide for retirement savings accounts, and for related purposes

Part 1PreliminaryDivision 1Preliminary1Short title

This Act may be cited as the Retirement Savings Accounts Act 1997.

2Commencement

(1)
Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2)
If this Act does not commence under subsection (1) within 6 months after the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3General administration of Act

(1)
Subject to subsection (3):
1. (a)
  APRA has the general administration of:
  1. (i)
    Part 3; and
  2. (ii)
    Division 4 of Part 4 (Other provisions relating to the operation of RSAs); and
  3. (iii)
    Parts 6 and 9, and Part 11 (except the provisions mentioned in subparagraph (e)(ii)); and
  4. (iv)
    section 183; and
2. (b)
  APRA also has the general administration of sections 37 to 39 and section 49 to the extent that it is not conferred on either of the following:
  1. (i)
    ASIC by paragraph (d);
  2. (ii)
    the Commissioner of Taxation by paragraph (g); and
3. (bb)
  APRA also has the general administration of Divisions 2 and 3 of Part 4A to the extent that administration of the provisions is not conferred on the Commissioner of Taxation by paragraph (f); and
4. (c)
  ASIC has the general administration of:
  1. (i)
    Part 5 (other than section 49); and
  2. (ii)
    Part 7; and
5. (d)
  ASIC also has the general administration of sections 37 to 39 and section 49 to the extent to which they relate to:
  1. (i)
    the keeping and retaining of records in relation to RSA’s; or
  2. (ii)
    the disclosure of information to holders of RSA’s; or
  3. (iii)
    the disclosure of information about RSA’s (including disclosure of information to ASIC but not including disclosure of information to APRA); or
  4. (iv)
    any other matter prescribed by the regulations for the purposes of this paragraph; and
6. (e)
  the Commissioner of Taxation has the general administration of:
  1. (i)
    Division 3 of Part 4 (Portability forms); and
  2. (ii)
    Division 2 of Part 11, section 138A, Division 4A of Part 11 and subsection 144(2A) (about tax file numbers); and
7. (f)
  the Commissioner of Taxation has the general administration of:
  1. (i)
    Division 1 of Part 4A; and
  2. (ii)
    Division 2 of Part 4A, to the extent it relates to employers; and
  3. (iii)
    Division 2 of Part 4A, to the extent it relates to payments and information given to the Commissioner of Taxation; and
  4. (iv)
    Division 4 of Part 4A; and
8. (g)
  the Commissioner of Taxation has the general administration of regulations made under section 38 to the extent that the regulations relate to the making and notification of determinations that an amount of benefits in an RSA may be released on compassionate grounds.
Note: An effect of a provision being administered by the Commissioner of Taxation (see paragraphs (e), (f) and (g)) is that people who acquire information under the provision are subject to the confidentiality obligations and exceptions in Division 355 in Schedule 1 to the Taxation Administration Act 1953.
(2)
The following provisions (amongst other things) confer powers and duties on APRA for the purposes of APRA’s administration of the provisions it administers and on ASIC for the purposes of ASIC’s administration of the provisions it administers:
1. (a)
  Parts 1 and 2;
2. (b)
  Part 10;
3. (c)
  Parts 12 to 15;
4. (d)
  Part 16 (other than section 183).
Note: Generally neither APRA nor ASIC are referred to in these provisions, Regulator is used instead. See the definition of Regulator in section 16.
(2A)
Powers and duties are also conferred by Part 10 on the Commissioner of Taxation for the purposes of the administration of the provisions he or she administers.
Note: Generally, the Commissioner of Taxation is not referred to in these provisions, Regulator is used instead. See the definition of Regulator in section 16.
(3)
The Minister may give APRA or ASIC directions about the performance or exercise of its functions or powers under this Act.

4Application of Act not to be excluded or modified

This Act applies in relation to RSAs despite any provision in the terms and conditions of the RSA, including any provision that purports to substitute, or has the effect of substituting, the provisions of the law of a State or Territory or of a foreign country for all or any of the provisions of this Act.

5Act extends to external Territories

This Act extends to all the external Territories.

6Crown to be bound

(1)
This Act binds the Crown in each of its capacities.
(2)
The Crown is not liable to be prosecuted for an offence against, or arising out of, this Act.

Division 2Summary and outline of the Act7Brief summary of the Act

The following is a brief summary of the Act:
Brief summary of the Act
Main purpose—provision for RSAs
This Act provides for retirement savings accounts, or RSAs, to be offered by certain financial institutions.
RSAs will provide benefits upon retirement or death and may also provide a limited range of other benefits.
RSAs will have certain restrictions placed upon them to make them similar to other superannuation products.
Concessional taxation and social security treatment of RSAs
RSAs are subject to concessional rules under income tax and social security law.
Supervision of RSA business of providers
The Act also provides for the approval of the entities that can offer RSAs and provides for supervision of the RSA business of those entities.
The general prudential supervision of these entities is not dealt with in this Act.

Part 2Key concepts and other definitionsDivision 1Key concepts8Definition of RSA

(1)
An RSA, or retirement savings account, is an account or a policy:
1. (a)
  that is described as an RSA; and
2. (b)
  that is provided by an entity that is an RSA institution at the time the account is opened or the policy is issued; and
3. (c)
  that is capital guaranteed (see section 14); and
4. (d)
  that is held by a person who is an eligible person at the time the account is opened or the policy is issued (see section 13); and
5. (e)
  that, at the time that it is opened or issued, satisfies:
  1. (i)
    the requirements in section 15; and
  2. (ii)
    any prescribed criteria; and
6. (f)
  that is opened or issued on or after 1 July 1997 or such later day as is prescribed.
(2)
However, an RSA, or retirement savings account, can only be provided by a life insurance company as a policy.
Note: Section 16 provides that policy has the same meaning as in the Life Insurance Act 1995.

9Meaning of hold and holder

(1)
A person holds an account if the account is opened in the person’s name. The person is the holder of the account.
(2)
A person holds a policy if the person is the person who is the owner of the policy. The person is the holder of the policy.

10Meaning of provide and provider

(1)
A person provides an account if the person accepts, or has accepted, contributions to the account. The person is the provider of the account.
(2)
A person provides a policy if the policy is issued by the person. The person is the provider of the policy.

11Who is an RSA institution?

(1)
A person is an RSA institution at a particular time if there is an approval under section 26 in force in relation to the person at that time which has not been suspended or revoked under section 33.
(2)
Only an ADI or a life insurance company or a prescribed financial institution can be approved as an RSA institution.

12Who is an RSA provider?

A person is an RSA provider at a particular time if, at that time, the person is the provider of one or more RSAs.
Note: Most RSA providers will also be RSA institutions. However, although every RSA provider must have been an RSA institution at one time, some may have ceased to be an RSA institution.

13Who is an eligible person?

A person is an eligible person at a particular time if, at that time, the person satisfies any prescribed criteria.

14What capital guaranteed means

(1)
An RSA that is an account is capital guaranteed if the balance of the account may not be reduced by the crediting of any negative interest.
(2)
An RSA that is a policy is capital guaranteed if the contributions and accumulated earnings may not be reduced by negative investment returns or any reduction in the value of assets in which the policy is invested.

15RSA benefits

(1)
An RSA must be maintained to provide one or more of the benefits specified in subsections (2) and (3). It may also be maintained to provide one or more of the benefits specified in subsection (4).
(2)
The benefits specified in this subsection are benefits for the holder of the RSA on or after one of, or the earlier of, the following:
1. (a)
  the holder’s retirement from any business, trade, profession, vocation, calling, occupation or employment in which the holder was engaged (whether the holder’s retirement occurred before, or occurred after, the holder’s account was opened);
2. (b)
  the holder’s attainment of an age not less than the age specified in the regulations.
Note: A prescribed criterion under paragraph 8(e), or an operating standard under section 38, may prevent any benefits being provided before the holder attains a specified age.
(3)
The benefits specified in this subsection are benefits in respect of the holder of the RSA on or after the holder’s death, if:
1. (a)
  the death occurred before:
  1. (i)
    the holder’s retirement from any business, trade, profession, vocation, calling, occupation or employment in which the holder was engaged; or
  2. (ii)
    the holder attained the age prescribed for the purposes of paragraph (2)(b); and
2. (b)
  the benefits are provided to the holder’s legal personal representative, to any or all of the holder’s dependants, or to both.
Note: These benefits may be provided directly from the RSA or from policies paid for using money from the RSA.
(4)
As long as the RSA is maintained to provide one or more of the benefits set out in subsections (2) and (3), it may also be maintained to provide one or more of the following:
1. (a)
  benefits for the holder on or after the termination of the holder’s employment with an employer who had, or any of whose associates had, at any time, contributed amounts in the account;
2. (b)
  benefits for the holder on or after the holder’s cessation of work, if the work was for gain or reward in any business, trade, profession, vocation, calling, occupation or employment in which the holder was engaged and the cessation is on account of ill‑health (whether physical or mental);
  Note: These benefits may be provided directly from the RSA or from policies paid for using money from the RSA.
3. (c)
  benefits in respect of the holder on or after the holder’s death, if the benefits are provided to the holder’s legal personal representative, to any or all of the holder’s dependants, or to both and:
  1. (i)
    the death occurred after the holder’s retirement from any business, trade, profession, vocation, calling, occupation or employment in which the holder was engaged (whether the holder’s retirement occurred before, or occurred after, the account was opened); or
  2. (ii)
    the death occurred after the holder attained the age prescribed for the purposes of paragraph (2)(b);
4. (d)
  such other benefits as APRA approves in writing.

Division 2Interpretation16Definitions

In this Act, unless the contrary intention appears:
ADI (authorised deposit‑taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959.
annuity has the same meaning as in the Superannuation Industry (Supervision) Act 1993.
approved auditor means a person included in a class of persons specified in regulations made for the purposes of this definition, but does not include a person who is disqualified from being or acting as an auditor of all RSA providers under section 67.
approved deposit fund means a fund that is an approved deposit fund for the purposes of the Superannuation Industry (Supervision) Act 1993.
approved form means a form approved by the Regulator, in writing, for the purposes of the provision in which the expression appears.
APRA means the Australian Prudential Regulation Authority.
ASIC means the Australian Securities and Investments Commission.
associate has the meaning given by section 18.
Australian court means:
(a)
the High Court; or
(b)
a court created by the Parliament; or
(c)
a court of a State or Territory.
authorised person means a person authorised by the Regulator under section 129A for the purposes of the provision in which the expression occurs.
books includes:
(a)
any record; or
(b)
any accounts or accounting records, however compiled, recorded or stored; or
(c)
a document.
capital guaranteed has the meaning given by section 14.
constitutional corporation means a body corporate that is:
(a)
a trading corporation formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution); or
(b)
a financial corporation formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution).
contributing employer means an employer having obligations under Part 4A (about the data and payment regulations and standards relating to RSAs).
contribution includes a deposit into an account held at an ADI or a prescribed financial institution and a payment of a premium to a life insurance company.
court means any court, when exercising jurisdiction under this Act.
Court means the Federal Court of Australia or the Supreme Court of a State or a Territory.
data and payment matter relating to RSAs has the meaning given by subsection 45B(5).
data and payment regulations and standards relating to RSAs means:
(a)
the regulations made under section 45B; and
(b)
the standards issued by the Commissioner of Taxation under that section.
data and payment standard relating to RSAs means a standard issued by the Commissioner of Taxation under section 45B.
data processing device means any article or material (for example, a disk) from which information is capable of being reproduced with or without the aid of any other article or device.
dependant has the meaning given by section 20.
director, in relation to a body corporate, has the same meaning as in the Corporations Act 2001.
disclose, in relation to information, means give, reveal or communicate in any way.
eligible person has the meaning given by section 13.
eligible superannuation entity has the same meaning as in the Superannuation Industry (Supervision) Act 1993.
employee has the meaning given by section 19.
employer has the meaning given by section 19.
executive officer, in relation to a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned, or takes part, in the management of the body.
expert, in relation to a matter, means a person whose profession or reputation gives authority to a statement made by him or her in relation to that matter.
function includes duty.
half‑year means a period of 6 months ending on 30 June or 31 December.
holder has the meaning given by section 9.
holds has the meaning given by section 9.
Income Tax Assessment Act means the Income Tax AssessmentAct 1936.
inspector has the meaning given by section 96.
interdependency relationship has the meaning given by section 20A.
investment means any mode of application of money or other property for the purpose of gaining interest, income or profit.
involved, in relation to a contravention, has the meaning given by section 21.
lawyer means a duly qualified legal practitioner and, in relation to a person, means such a practitioner acting for the person.
legal personal representative means the executor of the will or administrator of the estate of a deceased person, the trustee of the estate of a person under a legal disability or a person who holds an enduring power of attorney granted by a person.
life insurance company means:
(a)
a body corporate registered under section 21 of the Life Insurance Act1995; or
(b)
a public authority:
(i)
that is constituted by a law of a State or Territory; and
(ii)
that carries on life insurance business within the meaning of section 11 of that Act.
member of the staff of APRA has the same meaning as that given to the expression APRA staff member in section 3 of the Australian Prudential Regulation Authority Act 1998.
member of the staff of ASIC has the same meaning as that given to the expression staff member in subsection 5(1) of the Australian Securities and Investments Commission Act 2001.
modifications includes additions, omissions and substitutions.
occurrence of an event includes the coming into existence of a state of affairs.
old‑age pension has the same meaning as in paragraph 51(xxiii) of the Constitution.
owner, in relation to a policy, has the same meaning as in the Life Insurance Act 1995.
pension (except in the expression old‑age pension) means a benefit, if the benefit is taken, under the regulations, to be a pension for the purposes of this Act.
person affected by a reviewable decision, in relation to a reviewable decision, means the person in relation to which the decision was made.
policy has the same meaning as in the Life Insurance Act 1995.
premises includes:
(a)
a structure, building, aircraft, vehicle or vessel; and
(b)
any land or place (whether enclosed or built on or not); and
(c)
a part of a structure, building, aircraft, vehicle or vessel or of such a place.
premium means a premium in respect of a policy and includes an instalment of premium.
prescribed means prescribed by the regulations.
prescribed financial institution means a body prescribed by the regulations for the purposes of this definition.
procure includes cause.
produce includes permit access to.
provide has the meaning given by section 10.
provider has the meaning given by section 10.
regulated document, in relation to an RSA provider, means a document:
(a)
issued, or authorised to be issued, by the RSA provider; and
(b)
that the RSA provider knows, or ought reasonably to know (having regard to the RSA provider’s abilities, experience, qualifications and other attributes), may influence a person’s decision:
(i)
to apply to become a holder of an RSA; or
(ii)
to make an application, on behalf of an employee, for the employee to become the holder of an RSA.
regulated exempt public sector superannuation scheme means an exempt public sector superannuation scheme (within the meaning of the Superannuation Industry (Supervision) Act 1993) in respect of which either of the following applies:
(a)
the trustee of the scheme is a constitutional corporation;
(b)
the sole or primary purpose of the scheme is the provision of old‑age pensions.

regulated exempt public sector superannuation scheme has the meaning given by Part 25A of the Superannuation Industry (Supervision) Act 1993.
regulated superannuation fund means a fund that is a regulated superannuation fund for the purposes of the Superannuation Industry (Supervision) Act 1993.
Regulator means:
(a)
APRA if the provision in which it occurs is, or is being applied for the purposes of, a provision that is administered by APRA; and
(b)
ASIC if the provision in which it occurs is, or is being applied for the purposes of, a provision that is administered by ASIC; and
(d)
the Commissioner of Taxation, if the provision in which it occurs is, or is being applied for the purposes of, a provision that is administered by the Commissioner of Taxation.
relevant person in relation to bodies corporate, means:
(a)
a responsible officer of the RSA provider; or
(b)
an auditor of the RSA provider.
responsible officer, in relation to a body corporate, means:
(a)
a director of the body; or
(b)
a secretary of the body; or
(c)
an executive officer of the body.
retirement savings account has the meaning given by section 8.
reviewable decision means:
(a)
a decision of APRA under subsection 24(2) to treat an application as having been withdrawn; or
(b)
a decision of APRA under subsection 26(2) refusing an application for approval; or
(c)
a decision of APRA under subsection 26(4) to specify conditions in an instrument of approval; or
(d)
a decision of APRA under subsection 28(4) to treat an application as having been withdrawn; or
(e)
a decision of APRA under section 29 or 30 to vary the approval of an RSA institution; or
(f)
a decision of APRA under section 29 to refuse to vary the approval of an RSA institution; or
(g)
a decision of the Regulator to give or vary a direction under section 45F or 45G; or
(k)
a decision of the Regulator under section 174 to make an exemption; or
(l)
a decision of the Regulator under section 177 to make a declaration; or
(m)
a decision of the Regulator under section 179 to revoke an exemption or declaration; or
(n)
a decision of the Regulator to give a direction under section 182; or
(o)
a decision of the Regulator refusing to revoke a direction under section 182.
RSA has the meaning given by section 8.
RSA institution has the meaning given by section 11.
RSA provider has the meaning given by section 12.
statement, in Parts 5 and 7, includes a promise, estimate or forecast.
Superannuation Acts means:
(a)
this Act; and
(b)
the Superannuation Contributions Tax (Assessment and Collection) Act 1997; and
(c)
the Superannuation Contributions Tax (Members of Constitutionally Protected Funds) Assessment and Collection Act 1997; and
(d)
the Superannuation (Unclaimed Money and Lost Members) Act 1999.
superannuation data and payment regulations and standards has the same meaning as in the Superannuation Industry (Supervision) Act 1993.
superannuation entity means:
(a)
a regulated superannuation fund; or
(b)
an approved deposit fund.
superannuation interest has the same meaning as in the Superannuation Industry (Supervision) Act 1993.
tax file number has the meaning given by section 202A of the Income Tax Assessment Act 1936.
trustee, in relation to a fund, scheme or trust, means:
(a)
if there is a trustee (within the ordinary meaning of that expression) of the fund, scheme or trust—the trustee; or
(b)
in any other case—the person who manages the fund, scheme or trust.
year of income in relation to a person, means a period that is, for the purposes of the Income Tax Assessment Act 1936, a year of income of the person (subsection 6(2A) of that Act applies accordingly).

17Approvals, determinations etc. by Regulator

If:
(a)
a provision of this Act refers to an approval given, determination made or other act or thing done by the Regulator; and
(b)
there is no other provision of this Act expressly authorising the Regulator to give the approval, make the determination or do the act or thing;
the Regulator is authorised to give the approval, make the determination or do the act or thing.

18Associates

(1)
The question whether a person is an associate of another person for the purposes of this Act is to be determined in the same way as that question would be determined under the Corporations Act 2001 if the assumptions set out in subsection (2) were made.
(2)
The assumptions are as follows:
1. (a)
  that sections 12 and 14 and paragraphs 15(1)(b) and 16(1)(b) and (c) of that Act had not been enacted;
2. (b)
  that section 13 of that Act were not limited to Chapter 7, but extended to all provisions of that Act.

19Definitions of employee and employer

(1)
Subject to this section, in this Act, employee and employer have their ordinary meaning. However, for the purposes of this Act, subsections (2) to (10):
1. (a)
  expand the meaning of those terms; and
2. (b)
  make particular provision to avoid doubt as to the status of certain persons.
(2)
A person who is entitled to payment for the performance of duties as a member of the executive body (whether described as the board of directors or otherwise) of a body corporate is, in relation to those duties, an employee of the body corporate.
(3)
If a person works under a contract that is wholly or principally for the labour of the person, the person is an employee of the other party to the contract.
(4)
A member of the Parliament of the Commonwealth is an employee of the Commonwealth.
(5)
A member of the Parliament of a State is an employee of the State.
(6)
A member of the Legislative Assembly for the Australian Capital Territory is an employee of the Australian Capital Territory.
(7)
A member of the Legislative Assembly of the Northern Territory is an employee of the Northern Territory.
(8)
For the purposes of this Act:
1. (a)
  a person who is paid to perform or present, or to participate in the performance or presentation of, any music, play, dance, entertainment, sport, display or promotional activity or any similar activity involving the exercise of intellectual, artistic, musical, physical or other personal skills is an employee of the person liable to make the payment; and
2. (b)
  a person who is paid to provide services in connection with an activity referred to in paragraph (a) is an employee of the person liable to make the payment; and
3. (c)
  a person who is paid to perform services in, or in connection with, the making of any film, tape or disk or of any television or radio broadcast is an employee of the person liable to make the payment.
(9)
Subject to subsection (10), a person who:
1. (a)
  holds, or performs the duties of, an appointment, office or position under the Constitution or under a law of the Commonwealth, of a State or of a Territory; or
2. (b)
  is otherwise in the service of the Commonwealth, of a State or of a Territory (including service as a member of the Defence Force or as a member of a police force);
is an employee of the Commonwealth, the State or the Territory, as the case requires.
(10)
A person who holds office as a member of a local government council is an employee of the council.

20Definition of dependant

(1)
For the purposes of this Act, dependant, in relation to a person, includes the spouse of the person, any child of the person and any person with whom the person has an interdependency relationship.
(2)
The spouse, in relation to a person, includes:
1. (a)
  another person (whether of the same sex or a different sex) with whom the person is in a relationship that is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; and
2. (b)
  another person who, although not legally married to the person, lives with the person on a genuine domestic basis in a relationship as a couple.
(3)
Any child, in relation to a person, includes:
1. (a)
  a stepchild, an ex‑nuptial child or an adopted child of the person; and
2. (b)
  a child of the person’s spouse; and
3. (c)
  someone who is a child of the person within the meaning of the Family Law Act 1975.
(4) An adopted child, in relation to a person, means a person adopted by that person:
1. (a)
  under the law of a State or Territory relating to the adoption of children; or
2. (b)
  under the law of any other place relating to the adoption of children, if the validity of the adoption would be recognised under the law of any State or Territory.

20AInterdependency relationship

(1) Subject to subsection (3), for the purposes of this Act, 2 persons (whether or not related by family) have an interdependency relationship if:
(a)
they have a close personal relationship; and
(b)
they live together; and
(c)
one or each of them provides the other with financial support; and
(d)
one or each of them provides the other with domestic support and personal care.
(2) Subject to subsection (3), for the purposes of this Act, if:
(a)
2 persons (whether or not related by family) satisfy the requirement of paragraph (1)(a); and
(b)
they do not satisfy the other requirements of an interdependency relationship under subsection (1); and
(c)
the reason they do not satisfy the other requirements is that either or both of them suffer from a physical, intellectual or psychiatric disability;
they have an interdependency relationship.
(3) The regulations may specify:
(a)
matters that are, or are not, to be taken into account in determining under subsection (1) or (2) whether 2 persons have an interdependency relationship; and
(b)
circumstances in which 2 persons have, or do not have, an interdependency relationship.

21Persons involved in contravention

For the purposes of this Act, a person is involved in a contravention if, and only if, the person:
(a)
has aided, abetted, counselled or procured the contravention; or
(b)
has induced, whether by threats or promises or otherwise, the contravention; or
(c)
has been in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the contravention; or
(d)
has conspired with others to effect the contravention.

Part 3Approval of RSA institutions 22Object of Part

(1)
The object of this Part is to provide for constitutional corporations that can be relied on to conduct RSAs in accordance with this Act and the regulations to be approved as RSA institutions for the purposes of this Act and to provide for the variation, suspension and revocation of those approvals.
(2)
The significance of the approval of RSA institutions is that only RSA institutions can offer RSAs.
Note: In certain circumstances, an entity may cease to be approved as an RSA institution. Many provisions of this Act may continue to apply to that entity.

23Application for approval

(1)
A constitutional corporation that is an ADI or a life insurance company or prescribed financial institution may apply to APRA for approval as an RSA institution for the purposes of this Act.
(2)
An application must:
1. (a)
  be in the approved form; and
2. (b)
  contain the information required by the form; and
3. (c)
  be accompanied by an application fee of the prescribed amount.
  Note: The approved form of application may require the applicant to set out the applicant’s tax file number. See subsection 144(1).

24Further information may be requested

(1)
If APRA needs further information to decide the application for approval, APRA may request the applicant, in writing, to supply APRA with such further information as is specified in the request within such time as is specified in the request.
(2)
If, without reasonable excuse, the applicant refuses or fails to comply with the request, APRA may decide to treat the application as having been withdrawn.
(3)
If APRA decides, under subsection (2), to treat the application as having been withdrawn, APRA must, as soon as practicable after so deciding, inform the applicant in writing to that effect.

25Period within which application for approval is to be decided

(1)
Subject to this section, APRA must decide an application for approval within 60 days after receiving it.
(2)
If APRA thinks that it will take longer to decide the application, APRA may extend, by up to 60 days, the period for deciding it.
(3)
An extension must be made by written notice given to the applicant within 60 days after APRA receives the application.
(4)
If APRA makes an extension, APRA must decide the application within the extended period.
(5)
If APRA has not decided the application by the end of the day by which APRA is required to decide it, APRA is taken to have decided, at the end of that day, to approve the application.

26Deciding an application for approval

(1)
If an application that satisfies section 23 is made, APRA must, in writing, approve an applicant as an RSA institution for the purposes of this Act unless APRA is satisfied that the applicant cannot be relied on to conduct RSAs in accordance with this Act and the regulations.
(2)
APRA must consult with the prescribed regulatory agency, if any, before it can be satisfied that the applicant cannot be relied on to conduct RSAs in accordance with this Act and the regulations.
(3)
If APRA is so satisfied, it must, in writing, refuse the application.
(4)
The approval is subject to any conditions specified in the instrument of approval.
(5)
If APRA refuses the application, APRA must set out the reasons for the refusal in the instrument of refusal.
(6)
APRA must cause the applicant to be given a copy of the instrument of approval or refusal.

27When an approval is in force

An approval under section 26:
(a)
comes into force when it is granted, or, if a later time is specified in the instrument of approval as the time when the approval comes into force, at that later time; and
(b)
remains in force, subject to any variation under section 29 or 30, until it is revoked under section 33.

28Application for variation of an approval

(1)
An RSA institution may apply to APRA for variation of the approval by requesting a variation of any conditions to which the approval is subject.
(2)
An application must:
1. (a)
  be made in writing; and
2. (b)
  specify the variation requested by the RSA institution; and
3. (c)
  set out the reasons for the application; and
4. (d)
  be signed by a responsible officer of the RSA institution.
(3)
If APRA needs further information to decide an application, APRA may request the RSA institution, in writing, to supply APRA with such further information as is specified in the request within such time as is specified in the request.
(4)
If, without reasonable excuse, the RSA institution refuses or fails to comply with the request, APRA may decide to treat the application as having been withdrawn.
(5)
If APRA decides, under subsection (4), to treat the application as having been withdrawn, APRA must, as soon as practicable after so deciding, inform the RSA institution in writing to that effect.

29An application must be decided within a period of time

(1)
Subject to this section, APRA must decide an application for variation of the approval of an RSA institution within 60 days after receiving it.
(2)
APRA is not required to vary the approval of an RSA institution in the terms requested by the RSA institution.
(3)
If APRA thinks that it will take longer than 60 days to decide the application, APRA may extend the period for deciding it by no more than 60 days.
(4)
An extension must be notified in writing to the RSA institution within 60 days after APRA receives the application.
(5)
If APRA makes an extension, APRA must decide the application within the extended period.
(6)
If APRA has not decided the application by the end of the day by which APRA is required to decide it, APRA is taken to have decided, at the end of that day, to refuse the application.

30APRA may vary an approval on its own initiative

APRA may, on its own initiative, vary the approval of an RSA institution by varying any conditions to which the approval is subject.

31Notifying the RSA institution of the outcome of an application

(1)
If, under section 29 or 30, APRA decides to vary the approval of an RSA institution, APRA must:
1. (a)
  by notice in writing, vary the approval; and
2. (b)
  give a copy of that notice, and a statement of the reasons for the variation, to the RSA institution.
(2)
A notice varying an approval must:
1. (a)
  identify the approval being varied; and
2. (b)
  specify the day, not earlier than the day on which the notice of variation is made, when the variation begins; and
3. (c)
  specify any conditions to which the approval of the RSA institution is subject after the variation begins.
(3)
If, under section 29, APRA decides to refuse to vary the approval of an RSA institution, APRA must:
1. (a)
  by notice in writing, record that it has so decided; and
2. (b)
  give a copy of that notice, and a statement of the reasons for the refusal to vary the approval, to the RSA institution.

32When a variation of approval comes into force

If, under section 29 or 30, APRA decides to vary an approval of an RSA institution:
(a)
that variation comes into force on the day specified in the notice under paragraph 31(2)(b); and
(b)
the variation remains in force until the revocation of the approval to which it relates or the coming into force of a later variation of that approval.

33Suspension or revocation of approval

(1)
APRA may suspend or revoke the approval of an RSA institution by written notice given to the RSA institution.
(2)
Without limiting subsection (1), APRA may suspend or revoke an approval under that subsection if APRA is satisfied, on reasonable grounds, that:
1. (a)
  the RSA institution has requested in writing that the approval be suspended or revoked; or
2. (b)
  the RSA institution ceases to be an ADI or a life insurance company or prescribed financial institution; or
3. (c)
  there has been a contravention of any condition to which the approval is subject; or
4. (d)
  the RSA institution can no longer be relied on to conduct RSAs in compliance with this Act and the regulations.
(3)
Except in a case covered by paragraph (2)(a), APRA must not make a decision under subsection (1) without consulting with the prescribed regulatory agency, if any, and obtaining the written consent of the Minister.
(4)
APRA may lift a suspension of an approval of an RSA institution by written notice given to the RSA institution.

34Consequences of suspension or revocation

(1)
If the approval of an RSA institution is suspended or revoked:
1. (a)
  the RSA provider must, within the prescribed period, notify the holder of each RSA, and any employer who makes contributions to those RSAs, that the approval has been suspended or revoked; and
2. (b)
  the RSA provider must not accept any additional contributions to existing RSAs unless, and until, the suspension is lifted or the RSA provider is later approved as an RSA institution.
Note: It is not possible for the entity to allow any person to become the holder of a new RSA because it ceases to be an RSA institution. See paragraph 8(b) and subsection 11(1).
(2)
Despite the suspension or revocation of an approval, RSAs that were being provided by that entity immediately before the suspension or revocation continue to be RSAs.
Note: Many provisions of this Act apply to an entity that was formerly an RSA institution, despite the suspension or revocation of an approval.
Offence of contravening subsection (1)
(3)
An RSA provider must not, without reasonable excuse, contravene subsection (1).
Penalty: 250 penalty units.
(3A)
Subsection (3) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
Note 3: A defendant bears an evidential burden in relation to the matter in paragraph (1)(b) (see subsection 13.3(3) of the Criminal Code).
Refund of contributions
(4)
Accepting a contribution in contravention of subsection (1) does not result in the invalidity of a transaction. However, the RSA provider must refund the contribution within 28 days or such further period as APRA allows.
Offence of contravening subsection (4)
(5)
A person who, without reasonable excuse, contravenes subsection (4) commits an offence punishable on conviction by a fine not exceeding 50 penalty units.
(5A)
Subsection (5) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.

(6)
For the purposes of the Income Tax Assessment Act and the Superannuation Guarantee (Administration) Act 1992, if a contribution is refunded under this section, the contribution is taken never to have been made.

35Notification of breach of conditions

(1)
An RSA institution must, as soon as practicable, and in any event within 30 days, after becoming aware of a contravention of a condition to which the approval of the RSA institution is subject, give APRA a written notice setting out particulars of the contravention.
(2)
An RSA institution must not, without reasonable excuse, contravene subsection (1).
Penalty: 250 penalty units.
(3)
Subsection (2) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.

36Interpretation

A reference in section 28, 29, 30, 31, 32, 33, 34 or 35 to an approval includes a reference to an approval as varied under section 29 or 30.

Part 4Operating standards etc. and annual returns for RSAsDivision 1Object of Part37Object of Part

The object of this Part is to provide for a system of prescribed standards and specific rules applicable to the operation of RSAs.

Division 2Operating standards38Operating standards for RSAs

(1)
The regulations may prescribe standards applicable to the operation of RSAs.
(2)
The standards that may be prescribed include, but are not limited to, standards relating to the following matters:
1. (a)
  the persons who may hold RSAs;
2. (b)
  the circumstances in which an RSA institution may accept contributions to an RSA;
3. (c)
  the minimum benefits to be provided by RSAs;
4. (d)
  the form in which benefits may be provided by RSA providers;
5. (e)
  the preservation of certain benefits arising directly or indirectly from amounts contributed to RSAs;
6. (f)
  the payment by RSA providers of benefits arising directly or indirectly from amounts contributed to RSAs;
7. (g)
  the payment by RSA providers of death benefits;
8. (h)
  the portability of benefits arising directly or indirectly from amounts contributed to RSAs;
9. (i)
  the fees that may be charged for the provision of RSAs;
10. (j)
  the keeping and retention of records in relation to RSAs;
11. (k)
  the disclosure of information to holders of RSAs;
12. (l)
  the disclosure of information about RSAs to the Regulator;
13. (m)
  the disclosure of information about RSAs to persons other than holders of RSAs or the Regulator;
14. (o)
  dispute resolution.
(3)
Regulations made in accordance with paragraph (2)(i) must further the objective of ensuring that RSAs are a low‑cost product.

39Prescribed operating standards must be complied with

Standards must be complied with
(1) An RSA provider must ensure that the prescribed standards applicable to the operation of the RSA provider are complied with at all times.
Offence
(2) A person who intentionally or recklessly contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 100 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Validity of transaction not affected by contravention of subsection (1)
(3) A contravention of subsection (1) does not affect the validity of a transaction.

Division 3Portability forms39APortability forms

(1)
For the purposes of standards made under Division 2, and without limiting that Division, the regulations may prescribe a scheme under which:
1. (a)
  the holder of an RSA gives to the Commissioner of Taxation a request for the benefits held for the holder in the RSA to be rolled‑over or transferred; and
2. (b)
  the Commissioner may pass the request on to the provider of the RSA.
Note: The standards may require the provider to act on the request. See paragraph 38(2)(h).
(2)
The regulations may provide that the request must be given to the Commissioner in the approved form.
Note: The approved form may require the holder to set out his or her tax file number. See subsection 144(2A).

Division 4Other provisions relating to the operation of RSAs40Interest off‑set arrangements etc. not permitted

(1)
An RSA provider must not enter into any interest off‑set arrangements or combination account arrangements where one of the accounts involved is an RSA.
Penalty: 100 penalty units.
(1A)
Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.
(2)
A contravention of subclause (1) does not affect the validity of a transaction to the extent that the transaction relates to an account other than an RSA.

41Certain uses of RSAs prohibited

(1)
Any term or condition in a contract or other agreement providing for a charge over, or in relation to, an RSA is of no effect.
(2)
Benefits provided under an RSA in relation to an RSA cannot be assigned.
(3)
An RSA provider must not recognise, or in any way encourage or sanction, a charge over an RSA or an assignment of benefits provided under an RSA.
(4)
If:
1. (a)
  a person does an act; and
2. (b)
  the doing of the act results in a contravention of subsection (3);
the person commits an offence punishable on conviction by a fine not exceeding 100 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(5)
For the purposes of this section, a charge includes the placing of mortgage, lien or other encumbrance on the RSA.
(6)
This section does not apply to a charge or assignment that is permitted, whether expressly or by necessary implication, by the regulations.

42RSA provider not to breach capital guarantee

(1)
An RSA provider must not:
1. (a)
  reduce the balance of an RSA that is an account by the crediting of any negative interest; or
2. (b)
  reduce the contributions or accumulated earnings of an RSA that is a policy by negative investment returns or any reduction in the value of assets in which the policy is invested.
Penalty: 100 penalty units.
(2)
Subsection (1) is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability, see section 6.1 of the Criminal Code.

43Civil liability where section 42 contravened

(1)
Subject to subsection (2), if a person (the plaintiff) suffers loss or damage because of a contravention of section 42 by another person (the primary defendant), the plaintiff may recover the amount of the loss or damage by action against:
1. (a)
  the primary defendant; or
2. (b)
  a person involved in the contravention.
(2)
The action may be begun even if the defendant has been convicted of an offence in respect of the conduct constituting the contravention.
(3)
The action must be begun within 6 years after the day on which the cause of action arose.
(4)
This section does not affect any liability that the defendant or another person has under any other provision of this Act or under any other law.

43ARules about cashing benefits after death of RSA holder

(1)
The terms and conditions of an RSA must not permit the RSA holder’s benefits to be cashed after the holder’s death otherwise than in accordance with standards prescribed for the purposes of section 38.
(2)
If the terms and conditions of an RSA are inconsistent with subsection (1):
1. (a)
  subsection (1) prevails; and
2. (b)
  the terms and conditions are invalid, to the extent of the inconsistency.

44RSA provider to give copy of audit report to APRA

Lodgment
(1) An RSA provider must, within the prescribed period after each year of income, give to APRA:
(c)
a copy of the report given to the RSA provider by an approved auditor under Part 6 in relation to the RSA provider in respect of that year of income, certified to be a true copy of the report by a responsible officer of the RSA provider.
Note: The Financial Sector (Collection of Data) Act 2001 makes provision for annual returns and other financial documents to be given by RSA providers to APRA.
Offence
(2) A person who intentionally or recklessly contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 50 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Endorsement of report on return
(4) If the return given under the Financial Sector (Collection of Data) Act 2001 is not given on a data processing device, or by way of electronic transmission, the report referred to in subsection (1) may be endorsed on the return.

Part 4AData and payment regulations and standards relating to RSAsDivision 1Data and payment regulations and standards relating to RSAs45Object of Part

(1)
The object of this Part is to further the interests of holders of RSAs by improving the productivity of the retirement savings account system.
(2)
The Part does this by providing for a system of standards relating to payments and information connected with the operation of RSAs.

45AAlternative constitutional basis

Without limiting its effect apart from this section, this Part also has the effect it would have if each reference to an employer were, by express provision, confined to an employer that is a corporation to which paragraph 51(xx) of the Constitution applies.

45BData and payment regulations and standards relating to RSAs

(1)
The regulations may make provision for and in relation to data and payment matters relating to RSAs, to be complied with by:
1. (a)
  RSA providers; and
2. (b)
  employers in their dealings with RSA providers.
(2)
The regulations may prescribe different requirements for different classes of RSA or employer.
(3)
The Commissioner of Taxation may, by legislative instrument, determine standards (data and payment standards relating to RSAs) relating to data and payment matters relating to RSAs, applicable to:
1. (a)
  RSA providers; and
2. (b)
  employers in their dealings with RSAs.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(4)
The data and payment standards relating to RSAs may specify different requirements for different classes of RSA or employer.
(5)
A data and payment matter relating to RSAs is a matter relating to the manner in which payments and information of a kind mentioned in subsection (6):
1. (a)
  relating to:
  1. (i)
    a holder of an RSA; or
  2. (ii)
    an employee for whose benefit a contribution to an RSA is to be made by an employer; and
2. (b)
  connected with the operation of the RSA;
are dealt with.
(6)
The kinds of payments and information are:
1. (a)
  transactions, including payments, contributions, roll‑over superannuation benefits(within the meaning of the Income Tax Assessment Act 1997), allocations, transfers and refunds; and
2. (b)
  reports; and
3. (c)
  records, including registrations; and
4. (d)
  unique identifiers for use with such transactions, reports and records; and
5. (e)
  any other kind of payment or information that is prescribed by the regulations for the purposes of this paragraph; and
6. (f)
  to avoid doubt, any payment or information of a kind mentioned in paragraphs (a) to (e) and made or provided by the Commissioner of Taxation.
Adoption of other instruments
(7)
The regulations or standards may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing:
1. (a)
  as in force or existing at a particular time; or
2. (b)
  as in force or existing from time to time.
(8)
Subsection (7) has effect despite anything in subsection 14(2) of the Legislation Act 2003.
Consultations in preparing data and payment standards relating to RSAs
(9)
The Commissioner of Taxation must consult with APRA in preparing the data and payment standards relating to RSAs.
Note: For further consultation requirements, see section 17 of the Legislation Act 2003.
(10)
A failure to comply with subsection (9) does not affect the validity or enforceability of the data and payment standards relating to RSAs.

45CRelationship between standards and other law

(1)
A data and payment standard relating to RSAs may elaborate or supplement any aspect of regulations made under this Part.
(2)
However, a data and payment standard relating to RSAs is of no effect to the extent that it conflicts with this Act or regulations made under this Act.

Division 2Compliance with data and payment regulations and standards relating to RSAs45DCompliance requirement – RSA providers

(1)
An RSA provider must ensure that payments and information relating to a holder of an RSA, or a person for whose benefit a contribution to the RSA is to be made, are dealt with in a manner that complies with any applicable:
1. (a)
  regulations made under this Part; and
2. (b)
  data and payment standards relating to RSAs.
Note: Section 288‑110 in Schedule 1 to the Taxation Administration Act 1953 provides an administrative penalty for contravention of this subsection.
Strict liability offence
(2)
A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 20 penalty units.
Note: For offences of strict liability, see subsection 6.1(1) of the Criminal Code.
(3)
A contravention of subsection (1) does not affect the validity of a transaction.

45ECompliance requirement – employers

(1)
An employer must deal with payments and information relating to an employee, for whose benefit a contribution to an RSA is to be made, in a manner that complies with any applicable:
1. (a)
  regulations made under this Part; and
2. (b)
  data and payment standards relating to RSAs.
Note: Section 288‑110 in Schedule 1 to the Taxation Administration Act 1953 provides an administrative penalty for contravention of this subsection.
Strict liability offence
(2)
A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 20 penalty units.
Note: For offences of strict liability, see subsection 6.1(1) of the Criminal Code.
(3)
A contravention of subsection (1) does not affect the validity of a transaction.

45FRegulator’s power to give directions in certain circumstances – RSA providers

(1)
The Regulator may give an RSA provider a direction of a kind specified in subsection (4) if the Regulator reasonably believes that the RSA provider has contravened, or is likely to contravene:
1. (a)
  a particular regulation made under this Part; or
2. (b)
  a particular data and payment standard relating to RSAs.
(2)
In deciding whether to give a direction, and deciding the content of the direction, the Regulator must take account of the following matters:
1. (a)
  the extent (if any) to which the RSA provider is operating in a way that is contrary to the object of this Part;
2. (b)
  any other matter that the Regulator considers relevant.
(3)
The direction must be given by notice in writing to the RSA provider.
(4)
The kinds of direction that an RSA provider may be given are directions to do any one or more of the following by a specified time:
1. (a)
  do a specified act that the Regulator considers is necessary to address the contravention mentioned in subsection (1) (or prevent the likely contravention mentioned in that subsection);
2. (b)
  refrain from doing an act, if the Regulator considers the refraining is necessary to address the contravention mentioned in subsection (1) (or prevent the likely contravention mentioned in that subsection).
(5)
The time specified in the direction must be 21 days or more after the day the direction is given.
(6)
The RSA provider must comply with the direction by the specified time.
Note: Section 288‑110 in Schedule 1 to the Taxation Administration Act 1953 provides an administrative penalty for contravention of this subsection.
Strict liability offence
(7)
A person commits an offence of strict liability if the person contravenes subsection (6).
Penalty: 50 penalty units.
Note: For offences of strict liability, see subsection 6.1(1) of the Criminal Code.
(8)
The Regulator may, by notice in writing to the RSA provider, vary the direction or the time specified if, at the time of the variation, the Regulator considers that the variation is necessary and appropriate.
(9)
The direction has effect until the Regulator revokes it by notice in writing to the RSA provider. The Regulator may revoke the direction if, at the time of revocation, it considers that the direction is no longer necessary or appropriate.

45GRegulator’s power to give directions in certain circumstances – employers

(1)
The Regulator may give an employer a direction of a kind specified in subsection (4) if the Regulator reasonably believes that the employer has contravened, or is likely to contravene:
1. (a)
  a particular regulation made under this Part; or
2. (b)
  a particular data and payment standard relating to RSAs.
(2)
In deciding whether to give a direction, and deciding the content of the direction, the Regulator must take account of the following matters:
1. (a)
  the extent (if any) to which the employer is dealing with an RSA provider in a way that is contrary to the object of this Part;
2. (b)
  any other matter that the Regulator considers relevant.
(3)
The direction must be given by notice in writing to the employer.
(4)
The kinds of direction that the employer may be given are directions to do any one or more of the following by a specified time:
1. (a)
  do a specified act that the Regulator considers is necessary to address the contravention mentioned in subsection (1) (or prevent the likely contravention mentioned in that subsection);
2. (b)
  refrain from doing an act, if the Regulator considers the refraining is necessary to address the contravention mentioned in subsection (1) (or prevent the likely contravention mentioned in that subsection).
(5)
The time specified in the direction must be 21 days or more after the day the direction is given.
(6)
The employer must comply with the direction by the specified time.
Note: Section 288‑110 in Schedule 1 to the Taxation Administration Act 1953 provides an administrative penalty for contravention of this subsection.
Strict liability offence
(7)
A person commits an offence of strict liability if the person contravenes subsection (6).
Penalty: 50 penalty units.
Note: For offences of strict liability, see subsection 6.1(1) of the Criminal Code.
(8)
The Regulator may, by notice in writing to the employer, vary the direction or the time specified if, at the time of the variation, it considers that the variation is necessary and appropriate.
(9)
The direction has effect until the Regulator revokes it by notice in writing to the employer. The Regulator may revoke the direction if, at the time of revocation, it considers that the direction is no longer necessary or appropriate.

Division 3Infringement notices45HWhen an infringement notice may be given

(1)
If the Regulator has reasonable grounds to believe that a person has contravened an offence of strict liability in Division 2, the Regulator may give to the person an infringement notice for the alleged contravention.
(2)
The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.
(3)
A single infringement notice may be given to a person in respect of:
1. (a)
  2 or more alleged contraventions of an offence of strict liability in Division 2; and
2. (b)
  alleged contraventions of 2 or more offences of strict liability in Division 2.

45JMatters to be included in notice

(1)
An infringement notice must:
1. (a)
  state the day on which it is given; and
2. (b)
  state the name of the person to whom it is given; and
3. (c)
  state the name of the person who gave the notice; and
4. (d)
  give brief details of the alleged contravention, including:
  1. (i)
    the provision that was allegedly contravened; and
  2. (ii)
    the maximum penalty that a court could impose for the contravention; and
  3. (iii)
    the time (if known) and day of, and the place of, the alleged contravention; and
5. (e)
  state the amount that is payable under the notice; and
6. (f)
  give an explanation of how payment of the amount is to be made; and
7. (g)
  state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) the person is not liable to be prosecuted in a court in relation to the alleged contravention; and
8. (h)
  state that payment of the amount is not an admission of guilt or liability; and
9. (i)
  state that the person may apply to the Regulator to have the period in which to pay the amount extended; and

1. (j)
  state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court in relation to the alleged contravention; and
2. (k)
  set out how the notice can be withdrawn; and
3. (1)
  state that if the notice is withdrawn:
  1. (i)
    any amount paid under the notice must be refunded; and
  2. (ii)
    the person may be prosecuted in a court for the alleged contravention; and
4. (m)
  state that the person may make written representations to the Regulator seeking the withdrawal of the notice.
(2)
For the purposes of paragraph (1)(e), the amount to be stated in the notice for the alleged contravention of the provision must be equal to one‑fifth of the maximum penalty that a court could impose on the person for that contravention.

45KExtension of time to pay amount

(1)
A person to whom an infringement notice has been given may apply to the Regulator for an extension of the period referred to in paragraph 45J(1)(g).
(2)
If the application is made before the end of that period, the Regulator may, in writing, extend that period. The Regulator may do so before or after the end of that period.
(3)
If the Regulator extends that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 45J(1)(g) is taken to be a reference to that period so extended.
(4)
If the Regulator does not extend that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 45J(1)(g) is taken to be a reference to the period that ends on the later of the following days:
1. (a)
  the day that is the last day of the period referred to in paragraph 45J(1)(g);
2. (b)
  the day that is 7 days after the day the person was given notice of the Regulator’s decision not to extend.
(5)
The Regulator may extend the period more than once under subsection (2).

45LWithdrawal of an infringement notice

Representations seeking withdrawal of notice
(1) A person to whom an infringement notice has been given may, within 21 days after the day the notice is given, make written representations to the Regulator seeking the withdrawal of the notice.
Withdrawal of notice
(2) The Regulator may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).
(3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the Regulator:
(a)
must take into account any written representations seeking the withdrawal that were given by the person to the Regulator; and
(b)
may take into account the following:
(i)
whether a court has previously imposed a penalty on the person for a contravention of an offence of strict liability in Division 2;
(ii)
the circumstances of the alleged contravention;
(iii)
whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of an offence of strict liability in Division 2 if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;
(iv)
any other matter the Regulator considers relevant.
Notice of withdrawal
(4) Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state:
(a)
the person’s name and address; and
(b)
the day the infringement notice was given; and
(c)
that the infringement notice is withdrawn; and
(d)
that the person may be prosecuted in a court in relation to the alleged contravention.
Refund of amount if infringement notice withdrawn
(5) If:
(a)
the Regulator withdraws the infringement notice; and
(b)
the person has already paid the amount stated in the notice;
the Commonwealth must refund to the person an amount equal to the amount paid.

45MEffect of payment of amount

(1)
If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 45J(1)(g):
1. (a)
  any liability of the person for the alleged contravention is discharged; and
2. (b)
  the person may not be prosecuted in a court for the alleged contravention; and
3. (c)
  the person is not regarded as having been convicted of the alleged offence; and
4. (d)
  the person is not regarded as having admitted guilt or liability for the alleged contravention.
(2)
Subsection (1) does not apply if the notice has been withdrawn.

45NEffect of this Division

This Division does not:
(a)
require an infringement notice to be given to a person for an alleged contravention of an offence of strict liability in Division 2; or
(b)
affect the liability of a person for an alleged contravention of an offence of strict liability in Division 2 if:
(i)
the person does not comply with an infringement notice given to the person for the contravention; or
(ii)
an infringement notice is not given to the person for the contravention; or
(iii)
an infringement notice is given to the person for the contravention and is subsequently withdrawn; or
(c)
prevent the giving of 2 or more infringement notices to a person for an alleged contravention of an offence of strict liability in Division 2; or
(d)
limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened an offence of strict liability in Division 2.

Division 4InformationSubdivision ACorrection and rectification of information45PCorrection and rectification of information

(1)
The Commissioner of Taxation may alter information in his or her possession for the purposes of ensuring the information complies with:
1. (a)
  any applicable regulations made under this Part; and
2. (b)
  any applicable data and payment standards relating to RSAs.
(2)
An alteration made by the Commissioner of Taxation under subsection (1) does not have the effect of discharging any liability of a person for a contravention of a provision of this Part relating to the information.

Subdivision BRegister of information about certain RSAs45QRegister of information about certain RSAs

(1)
The Commissioner of Taxation must keep a register of information for the purposes of this Part.
(2)
The Commissioner of Taxation is to keep the register by electronic means.
(3)
The register is not a legislative instrument.
(4)
The Commissioner of Taxation may cause the contents of all or part of the register to be made available to entities that must comply with:
1. (a)
  the data and payment regulations and standards relating to RSAs; or
2. (b)
  the superannuation data and payment regulations and standards.
Contents of the register
(5)
The register must contain the information given to the Commissioner of Taxation in accordance with section 45R.
(6)
The Commissioner of Taxation is to combine the register kept under this section with the register kept under section 34Y of the Superannuation Industry (Supervision) Act 1993.

45RRSA providers to provide information for inclusion in register

(1)
The following matters may be prescribed by regulation:
1. (a)
  information that is required to be given to the Commissioner of Taxation in accordance with this section in relation to prescribed RSAs;
2. (b)
  the manner and form (including electronic form) in which the prescribed information is to be provided;
3. (c)
  the time at which, or period within which, the prescribed information is to be provided.
(2)
The RSA provider of a prescribed RSA must give the prescribed information in relation to the RSA to the Commissioner of Taxation in accordance with the regulation.
Contravening requirement to give information
(3)
A person commits an offence of strict liability if the person contravenes subsection (2).
Penalty: 25 penalty units.
Note: For offences of strict liability, see subsection 6.1(1) of the Criminal Code.

Part 5Duties etc. of RSA providers and employersDivision 1Preliminary46Contravention of Part does not affect validity of a transaction or any other act

A contravention of this Part does not affect the validity of a transaction or any other act.

Division 2Duties of RSA providers47Dispute resolution systems

(1)
An RSA provider:
1. (a)
  must be a member of the AFCA scheme (within the meaning of the Corporations Act 2001); and
2. (b)
  must have an internal dispute resolution procedure that complies with the standards, and requirements, mentioned in subparagraph 912A(2)(a)(i) of the Corporations Act 2001 in relation to financial services licensees; and
3. (c)
  must give to ASIC the same information as the RSA provider would be required to give under subparagraph 912A(1)(g)(ii) of the Corporations Act 2001 if the RSA provider were a financial services licensee; and
4. (d)
  must ensure that written reasons are given, in accordance with requirements specified under subsection (2A) of this section, for any decision of the RSA provider (or failure by the RSA provider to make a decision) relating to a complaint.
Note: Part 7.10A of the Corporations Act 2001 deals with situations where complaints are not resolved by the RSA provider.
(2)
However, paragraphs (1)(a) to (c) do not apply to an RSA provider if the RSA provider is required under the Corporations Act 2001 to have a dispute resolution system complying with subsection 912A(2) or 1017G(2) of that Act.
(2A)
ASIC may, by legislative instrument, specify for the purposes of paragraph (1)(d) any or all of the following:
1. (a)
  the persons who must be given written reasons;
2. (b)
  the matters that must be included in those reasons;
3. (c)
  the times by which those reasons must be given;
4. (d)
  the circumstances that constitute a failure to make a decision.
(3)
A person who intentionally or recklessly contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 100 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

48Duty to keep minutes and records

(1)
An RSA provider must keep, and retain for at least 10 years, minutes of all matters that relate to decisions of the RSA provider in relation to the operation of this Act and the regulations that are discussed at meetings of the RSA provider.
(2)
A person who intentionally or recklessly contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 50 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

49Duty to keep reports

(1)
An RSA provider must:
1. (a)
  keep, and retain so long as they are relevant and in any event for at least 10 years, copies of reports that were given in the same form (apart from differences relating to the names and addresses of the persons to whom the notices were given) to all RSA holders, or to all holders included in a particular class of holders, if the reports were given under this Act or under terms and conditions of the RSA; and
2. (b)
  make those copies available for inspection by a member of the staff of the Regulator if requested to do so by a member of that staff.
(2)
A person who intentionally or recklessly contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 50 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part 6Records, audits and auditors 63Object of Part

The object of this Part is to set out rules about the records, audits and auditors of RSA providers.

64Records

(1)
An RSA provider must keep such records as correctly record and explain the transactions related to RSAs provided by the RSA provider and must:
1. (a)
  retain the records for at least 5 years after the end of the year of income to which the transactions relate; and
2. (b)
  cause the records to be kept in Australia; and
3. (c)
  keep the records in writing in the English language or in a form in which they are readily accessible and readily convertible into writing in the English language.
(2)
Records kept by the RSA provider must be sufficient to enable the RSA provider to prepare reporting documents referred to in section 13 of the Financial Sector (Collection of Data) Act 2001.
(3)
A person who intentionally or recklessly contravenes subsection (1) commits an offence punishable on conviction by a fine not exceeding 100 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

65Audit of records

(1)
An RSA provider must make such arrangements as are necessary to enable an approved auditor to give the RSA provider, within the prescribed period after the end of each year of income, a report in the approved form on the degree of compliance by the RSA provider with the provisions of this Act and the regulations and the Financial Sector (Collection of Data) Act 2001 specified in the form.
(1A)
For the purposes of subsection (1), a person is not an approved auditor, in relation to an RSA provider, if the person is disqualified from being or acting as an approved auditor of that RSA provider under section 67.
(2)
A person who intentionally or recklessly contravenes subsection (1) commits an offence punishable on conviction by imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(3)
Without limiting the generality of subsection (1), an approved form must include a statement by the auditor as to whether, in the opinion of the auditor, the RSA provider has complied with the provisions of this Act and the regulations and the Financial Sector (Collection of Data) Act 2001, specified in the form, during that year of income.
(4)
The auditor must give the report to the RSA provider within the period referred to in subsection (1).
(5)
A person who intentionally or recklessly contravenes subsection (4) commits an offence punishable on conviction by imprisonment for 6 months.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

66Obligations of auditors – compliance

When section applies
(1) This section applies to a person in relation to an RSA provider if:
(a)
the person forms the opinion that it is likely that a contravention of this Act or the regulations or the Financial Sector (Collection of Data) Act 2001 may have occurred, may be occurring, or may occur, in relation to the RSA provider; and
(b)
the person formed the opinion in the course of, or in connection with, the performance by the person of audit functions under this Act or the regulations in relation to the RSA provider.
Section does not apply if the person believes that his or her opinion is not relevant to the performance of audit functions
(2) This section does not apply to the person if the person has an honest belief that the opinion is not relevant to the performance of those functions.
RSA provider and Regulator to be told about the matter
(3) Subject to subsection (4), the person must, as soon as practicable after forming the opinion mentioned in paragraph (1)(a):
(a)
tell the RSA provider about the matter in writing; and
(b)
if the contravention about which the person has formed the opinion mentioned in paragraph (1)(a) is of such a nature that it may affect the interests of holders of RSAs—tell the Regulator about the matter in writing.
The person may not have to tell the RSA provider or Regulator about the matter
(4) The person does not have to:
(a)
tell the RSA provider about the matter if:
(i)
the person has been told by another person to whom this section applies that the other person has already told the RSA provider about the matter; and
(ii)
the first‑mentioned person has no reason to disbelieve that other person; or
(b)
tell the Regulator about the matter if:
(i)
the person has been told by another person to whom this section applies that the other person has already told the Regulator about the matter; and
(ii)
the first‑mentioned person has no reason to disbelieve that other person.
Penalties for misinformation
(5) A person (the first person) commits an offence if:
(a)
this section applies to the first person; and
(b)
the first person is aware of a matter that must, under this section, be told to an RSA provider; and
(c)
the first person tells another person to whom this section applies that the first person has told the RSA provider about the matter; and
(d)
the first person has not done what the first person told the other person he or she had done.
Penalty: Imprisonment for 12 months.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(5A) A person (the first person) commits an offence if:
(a)
this section applies to the first person; and
(b)
the first person is aware of a matter that must, under this section, be told to the Regulator; and
(c)
the first person tells another person to whom this section applies that the first person has told the Regulator about the matter; and
(d)
the first person has not done what the first person told the other person he or she had done.
Penalty: Imprisonment for 12 months.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
No civil liability for telling about a matter
(6) A person to whom this section applies is not liable in a civil action or civil proceeding in relation to telling the Regulator, or the RSA provider, about a matter as required by this section.
Offences
(7) A person commits an offence if the person contravenes subsection (3).
Penalty: 50 penalty units.
(8) A person commits an offence if the person contravenes subsection (3). This is an offence of strict liability.
Penalty: 25 penalty units.
Note 1: For strict liability, see section 6.1 of the Criminal Code.
Note 2: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

66AAuditor may give information to the Regulator

(1)
A person who is or was an auditor of an RSA provider may give to the Regulator information about the RSA provider obtained in the course of, or in connection with, the performance by the person of audit functions under:
1. (a)
  this Act; or
2. (b)
  the regulations; or
3. (c)
  the Financial Sector (Collection of Data) Act 2001;
if the person considers that giving the information will assist the Regulator in performing its functions under this Act or the regulations or the Financial Sector (Collection of Data) Act 2001.
(2)
A person who, in good faith, gives information to the Regulator in accordance with this section is not subject to any action, claim or demand by, or any liability to, any other person in respect of the information.

66BSelf incrimination

(1)
An individual is not excused from complying with a requirement under section 66 to give information on the ground that doing so would tend to incriminate the individual or make the individual liable to a penalty.
(2)
The information given by the individual in compliance with such a requirement is not admissible in evidence against the individual in a criminal proceeding or a proceeding for the imposition of a penalty, other than a proceeding in respect of the falsity of the information, if:
1. (a)
  before giving the information, the individual claims that giving the information might tend to incriminate the individual or make the individual liable to a penalty; and
2. (b)
  giving the information might in fact tend to incriminate the individual or make the individual liable to a penalty.

67Court power of disqualification

(1)
On application by APRA, the Federal Court of Australia may, by order, disqualify a person from holding any appointment as a person referred to in subsection (2), for a period that the Court considers appropriate, if the Court is satisfied:
1. (a)
  as mentioned in subsection (3); and
2. (b)
  that the disqualification is justified.
Note: For offences relating to persons disqualified under this section, see section 67B.
(2)
For the purposes of subsection (1), the Court may disqualify a person from being or acting as an auditor of:
1. (a)
  a particular RSA provider; or
2. (b)
  a class of RSA providers; or
3. (c)
  any RSA provider.
(3)
The Court may disqualify a person, in accordance with subsection (1), if the Court is satisfied that:
1. (a)
  the person has failed, whether within or outside Australia, to carry out or perform adequately and properly:

190Statements to accompany notification of decisions

(1)
If a written notice is given to a person affected by a reviewable decision telling the person that the reviewable decision has been made, that notice is to include a statement to the effect that:
1. (a)
  the person may, if dissatisfied with the decision, seek a reconsideration of the decision by the Regulator in accordance with subsection 189(1); and
2. (b)
  the person may, subject to the Administrative Review Tribunal Act 2024, if dissatisfied with a decision made by the Regulator upon that reconsideration confirming or varying the first‑mentioned decision, make application to the Administrative Review Tribunal for review of the decision so confirmed or varied.
(2)
If the Regulator confirms or varies a reviewable decision under subsection 189(4) and gives to the person written notice of the confirmation or variation of the decision, that notice is to include a statement to the effect that the person may, subject to the Administrative Review Tribunal Act 2024, if dissatisfied with the decision so confirmed or varied, make application to the Administrative Review Tribunal for review of the decision.
(3)
A failure to comply with the requirements of subsections (1) and (2) in relation to a reviewable decision or a decision under subsection 189(4) does not affect the validity of that decision.

195This Act and the regulations have effect subject to the Crimes (Superannuation Benefits) Act 1989 and the Australian Federal Police Act 1979

This Act and the regulations apply in relation to an RSA provider subject to the effect of any superannuation order within the meaning of the Crimes (Superannuation Benefits) Act 1989 or Part VA of the Australian Federal Police Act 1979 that is made in respect of any RSA holder.

196Payment out of an RSA in accordance with the Bankruptcy Act 1966

If a holder of an RSA becomes a bankrupt, within the meaning of subsection 5(1) of the Bankruptcy Act 1966, nothing in this Act or the regulations prevents the RSA provider from paying to the trustee in bankruptcy an amount out of the RSA that is property divisible amongst the member’s creditors, within the meaning of section 116 of the Bankruptcy Act 1966.

197Concurrent operation of State/Territory laws

It is the intention of the Parliament that this Act is not to apply to the exclusion of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act.

200Regulations

(1)
The Governor‑General may make regulations prescribing matters:
1. (a)
  required or permitted by this Act to be prescribed; or
2. (b)
  necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and without limiting the generality of the above, may make regulations:
1. (c)
  prescribing fees in respect of any matter under this Act; and
2. (d)
  prescribing penalties not exceeding 10 penalty units in respect of offences against the regulations.
(2)
Without limiting the generality of subsection (1), the regulations may make provision for and in relation to the keeping of one or more registers by the Regulator, where the registers relate to matters arising under this Act or the regulations. In particular, the regulations may make provision for the following:
1. (a)
  a register to be kept in such form and manner as the Regulator directs;
2. (b)
  persons to inspect a register;
3. (c)
  persons to obtain information contained in a register;
4. (d)
  fees to be charged for such an inspection or for providing such information.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Retirement Savings Accounts Act 1997	61, 1997	28 May 1997	2 June 1997 (s 2(1) and gaz 1997, No S202)
Superannuation Contributions Tax (Consequential Amendments) Act 1997	71, 1997	5 June 1997	Sch 2: 5 June 1997 (s 2)	—
as amended by
Superannuation Contributions and Termination Payments Taxes Legislation Amendment Act 1997	191, 1997	7 Dec 1997	Sch 5: 5 June 1997 (s 2(4))	—
Financial Sector Reform (Consequential Amendments) Act 1998	48, 1998	29 June 1998	Sch 1 (items 155–160): 1 July 1998 (s 2(2))	—
Financial Sector Reform (Amendments and Transitional Provisions) Act 1998	54, 1998	29 June 1998	Sch 15: 1 July 1998(s 2(2)(m))	—
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999	44, 1999	17 June 1999	Sch 7 (items 133–141): 1 July 1999 (s 3(2)(e) and gaz 1999, No S283) Sch 8: 17 June 1999 (s 3(1))	Sch 8
as amended by
Financial Sector Legislation Amendment Act (No. 1) 2000	160, 2000	21 Dec 2000	Sch 4 (item 4): 18 Jan 2001 (s 2(1))	—
Superannuation (Unclaimed Money and Lost Members) Consequential and Transitional Act 1999	128, 1999	13 Oct 1999	s 5–8 and Sch 1 (items 12–35): 13 Oct 1999(s 2(2))	s 5–8
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 2000	24, 2000	3 Apr 2000	Sch 8: 3 Apr 2000 (s 2(1))	—
Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000	108, 2000	3 Aug 2000	Sch 3 (items 3, 4): 1 Jan 2001 (s 2(2) and gaz 2000, No GN50)	—
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Sch 2 (items 359–363, 418, 419): 24 May 2001 (s 2(3))	Sch 2 (items 418, 419)
Financial Sector Legislation Amendment Act (No. 1) 2000	160, 2000	21 Dec 2000	Sch 4 (item 6): 18 Jan 2001 (s 2(1))	—
Treasury Legislation Amendment (Application of Criminal Code) Act (No. 1) 2001	31, 2001	28 Apr 2001	Sch 1 (items 87–170): 15 Dec 2001 (s 2(4))	—
as amended by
Treasury Legislation Amendment (Application of Criminal Code) Act (No. 3) 2001	117, 2001	18 Sept 2001	Sch 2 (items 6–34): 15 Dec 2001 (s 2(4))
Corporations (Repeals, Consequentials and Transitionals) Act 2001	55, 2001	28 June 2001	s 4–14 and Sch 3 (items 459–463): 15 July 2001 (s 2(1) and (3))	s 4–14
Financial Sector (Collection of Data—Consequential and Transitional Provisions) Act 2001	121, 2001	24 Sept 2001	ss. 1–3: Royal Assent Remainder: 1 July 2002 (see s. 2(2) and Gazette 2002, No. GN24)	Sch. 2 (item 94)
as amended by
Financial Services Reform (Consequential Provisions) Act 2001	123, 2001	27 Sept 2001	Sch 2 (item 1): 11 Mar 2002 (s 2(19))	—
Financial Services Reform (Consequential Provisions) Act 2001	123, 2001	27 Sept 2001	Sch 1 (items 263–275, 279) and Sch 2 (items 3, 6, 7): 11 Mar 2002 (s 2(6) and (18)) Sch 1 (items 276–278): never commenced (s 2(9A)) Sch 2 (items 4, 5): 1 July 2002 (s 2(20))	Sch 2 (item 5)
Financial Services Reform (Consequential Provisions) Act 2002	29, 2002	5 Apr 2002	Sch 1: 28 Dec 2002 (s 2(1) item 2)	—
Australian Crime Commission Establishment Act 2002	125, 2002	10 Dec 2002	Schedule 2 (item 119): 1 Jan 2003	—
Financial Services Reform Amendment Act 2003	141, 2003	17 Dec 2003	Schedule 3 (item 2): 18 Dec 2003	—
Superannuation Safety Amendment Act 2004	53, 2004	27 Apr 2004	Schedule 3 (items 2–4, 11(1)): 1 July 2004 (see Gazette 2004, No. GN22)	Sch. 3 (item 11(1))
Superannuation Laws Amendment (2004 Measures No. 2) Act 2004	93, 2004	29 June 2004	s. 4(2) and Schedule 1 (item 4): Royal Assent	s. 4(2)
Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2004	102, 2004	30 June 2004	Schedule 1: 1 July 2005 Remainder: Royal Assent	Sch. 2 (item 10(2))
Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005	82, 2005	29 June 2005	Schedule 2: 1 July 2005	—
Statute Law Revision Act 2007	8, 2007	15 Mar 2007	Schedule 4 (items 23, 24): Royal Assent	—
Tax Laws Amendment (Simplified Superannuation) Act 2007	9, 2007	15 Mar 2007	Schedule 7 (items 1, 7): Royal Assent	Sch. 7 (item 7)
Superannuation Legislation Amendment (Simplification) Act 2007	15, 2007	15 Mar 2007	Schedule 1 (items 277–283, 406(1)–(3)): 15 Mar 2007 (s 2(1) item 2)	Sch. 1 (item 406(1)–(3))
Tax Laws Amendment (2007 Measures No. 4) Act 2007	143, 2007	24 Sept 2007	Schedule 5 (items 26, 48(1), (3)): Royal Assent	Sch. 5 (item 48(1), (3))
Financial Sector Legislation Amendment (Review of Prudential Decisions) Act 2008	25, 2008	26 May 2008	Schedule 1 (items 35–40): Royal Assent	Sch. 1 (item 40)
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008	134, 2008	4 Dec 2008	Schedule 4 (items 1, 2): 1 July 2008 Schedule 4 (item 20): Royal Assent	Sch. 4 (items 2, 20)
Financial Sector Legislation Amendment (Enhancing Supervision and Enforcement) Act 2009	75, 2009	27 Aug 2009	Schedule 1 (item 219): 27 Feb 2010	—
Tax Laws Amendment (2010 Measures No. 1) Act 2010	56, 2010	3 June 2010	Schedule 1 (items 1, 9): 1 July 2010	Sch. 1 (item 9)
Financial Sector Legislation Amendment (Prudential Refinements and Other Measures) Act 2010	82, 2010	29 June 2010	Schedule 4 (items 28, 29): 27 July 2010	—
Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010	145, 2010	16 Dec 2010	Schedule 2 (items 67, 68): 17 Dec 2010	—
Tax Laws Amendment (2011 Measures No. 2) Act 2011	41, 2011	27 June 2011	Schedule 3 (items 1, 2, 13): 1 July 2011 Schedule 3 (items 14–16, 18, 19(1)): 1 Jan 2012	Sch. 3 (items 13, 18, 19(1))
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Schedule 2 (item 994) and Schedule 3 (items 10, 11): 27 Dec 2011	Sch. 3 (items 10, 11)
Superannuation Legislation Amendment (Early Release of Superannuation) Act 2011	108, 2011	14 Oct 2011	Schedule 1 (items 1–7, 20, 21): 1 Nov 2011 (see F2011L02110)	Sch. 1 (items 20, 21)
Tax Laws Amendment (2011 Measures No. 9) Act 2012	12, 2012	21 Mar 2012	Schedule 1 (items 1–10): 22 Mar 2012	—
Superannuation Legislation Amendment (Stronger Super) Act 2012	91, 2012	28 June 2012	Schedule 1 (items 1, 4–8, 20): 29 June 2012	Sch. 1 (item 20) (am. by 158, 2012, Sch. 4 [item 73])
as amended by
Superannuation Laws Amendment (Capital Gains Tax Relief and Other Efficiency Measures) Act 2012	158, 2012	28 Nov 2012	Schedule 4 (item 73): 29 Nov 2012	—
Superannuation Laws Amendment (Capital Gains Tax Relief and Other Efficiency Measures) Act 2012	158, 2012	28 Nov 2012	Sch 4 (items 25–47, 53): 29 Nov 2012	Sch 4 (item 30)
as amended by
Tax and Superannuation Laws Amendment (2014 Measures No. 7) Act 2015	21, 2015	19 Mar 2015	Sch 7 (items 47, 48): 29 Nov 2012 (s 2(1) item 18)	—
Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012	171, 2012	3 Dec 2012	Sch 7 (item 18): 1 July 2013	—
Privacy Amendment (Enhancing Privacy Protection) Act 2012	197, 2012	12 Dec 2012	Sch 5 (items 77, 78, 178, 179) and Sch 6 (items 15–19): 12 Mar 2014 (s 2(1) items 3, 13, 19) Sch 6 (item 1): 12 Dec 2012 (s 2(1) item 16)	Sch 6 (items 1, 15–19)
Tax and Superannuation Laws Amendment (2014 Measures No. 7) Act 2015	21, 2015	19 Mar 2015	Sch 7 (item 25): 20 Mar 2015 (s 2(1) item 15)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (items 506, 507): 5 Mar 2016 (s 2(1) item 2)	—
Statute Law Revision Act (No. 1) 2016	4, 2016	11 Feb 2016	Sch 4 (items 1, 268–270): 10 Mar 2016 (s 2(1) item 6)	—
Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Act 2018	13, 2018	5 Mar 2018	s 4: 5 Mar 2018 (s 2(1) item 1) Sch 1 (items 4, 16–18, 31(1), 42, 44) and Sch 2 (items 6, 7): 6 Mar 2018 (s 2(1) items 2, 4, 5, 7) Sch 3 (items 8–16, 32(2)): 5 Mar 2022 (s 2(1) item 8)	s 4, Sch 1 (items 31(1), 44) and Sch 3 (item 32(2))
Treasury Laws Amendment (2018 Measures No. 1) Act 2018	23, 2018	29 Mar 2018	Sch 1 (items 63–67): 1 Apr 2018 (s 2(1) item 8) Sch 1 (items 75–79): 30 Mar 2018 (s 2(1) item 9) Sch 4 (items 1–10, 23): 1 July 2018 (s 2(1) item 11)	Sch 1 (items 75–79) and Sch 4 (item 23)
Financial Sector Reform (Hayne Royal Commission Response—Stronger Regulators (2019 Measures)) Act 2020	3, 2020	17 Feb 2020	Sch 1 (items 21–23, 27): 18 Feb 2020 (s 2(1) item 1)	Sch 1 (item 27)
Treasury Laws Amendment (Reuniting More Superannuation) Act 2021	24, 2021	22 Mar 2021	Sch 1 (item 15): 23 Mar 2021 (s 2(1) item 2)	—
Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023	76, 2023	20 Sept 2023	Sch 2 (items 695–698): 20 Oct 2023 (s 2(1) item 2)	—
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024	38, 2024	31 May 2024	Sch 1 (items 43, 69): 14 Oct 2024 (s 2(1) item 2)	—
Administrative Review Tribunal (Miscellaneous Measures) Act 2025	14, 2025	20 Feb 2025	Sch 2 (item 33): 21 Feb 2025 (s 2(1) item 2)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
Division 1
s 3.............................................	rs No 54, 1998
am No 128, 1999; No 121, 2001; No 15, 2007; No 145, 2010; No 108, 2011; No 12, 2012; No 91, 2012; No 158, 2012; No 21, 2015; No 13, 2018; No 23, 2018
Part 2
Division 1
s. 8............................................	am. No. 160, 2000
s. 11...........................................	am. No. 48, 1998; No. 44, 1999
s. 15...........................................	am. No. 54, 1998
Division 2
s 16............................................	am No 71, 1997; No 48, 1998; No 54, 1998; No 44, 1999; No 128, 1999; No 55, 2001; No 121, 2001; No 123, 2001; No 102, 2004; No 25, 2008; No 75, 2009; No 145, 2010; No 41, 2011; No 108, 2011; No 12, 2012; No 91, 2012; No 158, 2012; No 13, 2018; No 23, 2018
Heading to s. 17..........................	am. No. 54, 1998
s. 17...........................................	am. No. 54, 1998
s. 18...........................................	am. No. 55, 2001
s. 20...........................................	am. No. 102, 2004; No. 134, 2008; No. 46, 2011
s. 20A........................................	ad. No. 102, 2004
Part 3
s. 23...........................................	am. Nos. 48 and 54, 1998; No. 44, 1999
ss. 24–26....................................	am. No. 54, 1998
ss. 28, 29....................................	am. No. 54, 1998
Heading to s. 30..........................	am. No. 54, 1998
ss. 30–32....................................	am. No. 54, 1998
s. 33...........................................	am. Nos. 48 and 54, 1998; No. 44, 1999
s. 34...........................................	am. No. 54, 1998; No. 31, 2001; No 4, 2016
Note to s. 34(4)...........................	rep. No. 123, 2001
s. 35...........................................	am. No. 54, 1998; No. 31, 2001
Part 4
Division 1
Heading to Div. 1 of.................... Part 4	ad. No. 12, 2012
s. 37...........................................	am. No. 54, 1998; No. 121, 2001
Division 2
Heading to Div. 2 of.................... Part 4	ad. No. 12, 2012
s 38............................................	am No 54, 1998; No 13, 2018
s. 39...........................................	am. No. 31, 2001 (as rep. by No. 117, 2001); No 4, 2016
Note to s. 39(2)...........................	ad. No. 31, 2001
Division 3
Div. 3 of Part 4...........................	ad. No. 12, 2012
s. 39A........................................	ad. No. 12, 2012
Division 4
Heading to Div. 4 of.................... Part 4	ad. No. 12, 2012
s. 40...........................................	am. No. 31, 2001
s. 41...........................................	am. No. 31, 2001; No. 29, 2002; No 4, 2016
s. 42...........................................	am. No. 31, 2001
s. 43A........................................	ad. No. 15, 2007
Heading to s. 44..........................	rs. No. 121, 2001
s. 44...........................................	am. No. 54, 1998; No. 31, 2001 (as rep. by No. 117, 2001); No. 121, 2001; No 4, 2016
Note to s. 44(1)...........................	ad. No. 121, 2001
Note to s. 44(2)...........................	ad. No. 31, 2001
Part 4A
Part 4A......................................	ad. No. 91, 2012
Division 1
s. 45...........................................	am. No. 54, 1998
rep. No. 123, 2001
ad. No. 91, 2012
s. 45A........................................	ad. No. 91, 2012
s. 45B........................................	ad. No. 91, 2012
am No 126, 2015
s. 45C........................................	ad. No. 91, 2012
Division 2
s. 45D........................................	ad. No. 91, 2012
s. 45E........................................	ad. No. 91, 2012
s. 45F.........................................	ad. No. 91, 2012
s. 45G........................................	ad. No. 91, 2012
Division 3
s. 45H........................................	ad. No. 91, 2012
s. 45J.........................................	ad. No. 91, 2012
s. 45K........................................	ad. No. 91, 2012
s. 45L........................................	ad. No. 91, 2012
s. 45M.......................................	ad. No. 91, 2012
s. 45N........................................	ad. No. 91, 2012
Division 4
Heading to Div. 4 of.................... Part 4A	rs. No. 158, 2012
Subdivision A
Heading to Subdiv. A of.............. Div. 4 of Part 4A	ad. No. 158, 2012
s. 45P.........................................	ad. No. 91, 2012
Subdivision B
Subdiv. B of Div. 4 of.................. Part 4A	ad. No. 158, 2012
s. 45Q........................................	ad. No. 158, 2012
s. 45R........................................	ad. No. 158, 2012
Part 5
Division 2
s 47............................................

am No 31, 2001 (as rep by No 117, 2001); No 4, 2016; No 13, 2018; No 76, 2023
Note to s. 47(3)...........................	ad. No. 31, 2001
s. 48...........................................	am. No. 31, 2001 (as rep. by No. 117, 2001); No 4, 2016
Note to s. 48(2)...........................	ad. No. 31, 2001
s. 49...........................................	am. No. 54, 1998; No. 31, 2001 (as rep. by No. 117, 2001); No 4, 2016
Note to s. 49(2)...........................	ad. No. 31, 2001
s. 50...........................................	am. No. 31, 2001 (as rep. by No. 117, 2001); No. 93, 2004
rep. No. 9, 2007
Note to s. 50(4)...........................	ad. No. 31, 2001
rep. No. 9, 2007
Div. 3 of Part 5...........................	rep. No. 102, 2004
s. 51...........................................	am. No. 54, 1998; No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 123, 2001
Note to s. 51(1)...........................	ad. No. 31, 2001
rep. No. 123, 2001
s. 52...........................................	am. No. 31, 2001 (as rep. by No. 117, 2001); No. 123, 2001
rep. No. 102, 2004
Note to s. 52(3)...........................	ad. No. 31, 2001
rep. No. 102, 2004
Note to s. 52(6)...........................	ad. No. 31, 2001
rep. No. 102, 2004
Note to s. 52(8)...........................	ad. No. 31, 2001
rep. No. 102, 2004
Div. 4 of Part 5...........................	rep. No. 123, 2001
s. 53...........................................	am. No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 123, 2001
Note to s. 53(1)...........................	ad. No. 31, 2001
rep. No. 123, 2001
s. 54...........................................	am. No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 123, 2001
Notes 1, 2 to s. 54(4)...................	ad. No. 31, 2001
rep. No. 123, 2001
s. 55...........................................	am. No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 123, 2001
Note to s. 55(2)...........................	ad. No. 31, 2001
rep. No. 123, 2001
s. 56...........................................	rep. No. 123, 2001
Div. 5 of Part 5...........................	rep. No. 123, 2001
s. 57...........................................	am. No. 54, 1998
rep. No. 123, 2001
s. 58...........................................	rep. No. 123, 2001
s. 59...........................................	am. No. 54, 1998
rep. No. 123, 2001
s. 60...........................................	rs. No. 31, 2001
rep. No. 123, 2001
Div. 6 of Part 5...........................	rep. No. 123, 2001
s. 61...........................................	am. No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 123, 2001
Note to s. 61(4)...........................	ad. No. 31, 2001
rep. No. 123, 2001
Div. 7 of Part 5...........................	rep. No. 123, 2001
s. 62...........................................	am. No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 123, 2001
Note to s. 62(5)...........................	ad. No. 31, 2001
rep. No. 123, 2001
Part 6
s. 64...........................................	am. No. 31, 2001 (as rep. by No. 117, 2001); No. 121, 2001; No 4, 2016
Note to s. 64(3)...........................	ad. No. 31, 2001
s. 65...........................................	am. No. 31, 2001 (as rep. by No. 117, 2001); No. 121, 2001; No. 25, 2008; No 4, 2016
Note to s. 65(2)...........................	ad. No. 31, 2001
Note to s. 65(5)...........................	ad. No. 31, 2001
Subhead. to s. 66(6).....................	am. No. 54, 1998
rs. No. 53, 2004
Subhead. to s. 66(8).....................	am. No. 54, 1998
rep. No. 53, 2004
s. 66...........................................	am. No. 54, 1998; No. 31, 2001 (as am. by No. 117, 2001); No. 121, 2001; No. 53, 2004; No 4, 2016
Note to s. 66(5)...........................	ad. No. 31, 2001
rs. No. 53, 2004
Note to s. 66(9)...........................	ad. No. 31, 2001
rep. No. 53, 2004
ss. 66A, 66B...............................	ad. No. 53, 2004
s. 67...........................................	am. No. 54, 1998; No. 121, 2001
rs. No. 25, 2008
s. 67A........................................	ad. No. 25, 2008
s 67AA......................................	ad No 82, 2010
am No 38, 2024
s. 67B........................................	ad. No. 25, 2008
Heading to s. 68..........................	am. No. 54, 1998
s. 68...........................................	am. No. 54, 1998; No. 24, 2000; No. 121, 2001; No. 25, 2008
s. 69...........................................	rep. No. 123, 2001
ad. No. 82, 2010
s. 70...........................................	am. No. 108, 2000
rep. No. 123, 2001
ad. No. 82, 2010
Part 7
s. 71...........................................	am. No. 108, 2000
rep. No. 123, 2001
ss. 72, 73....................................	rep. No. 123, 2001
s. 74...........................................	am. No. 123, 2001
s. 75...........................................	am. No. 31, 2001
rep. No. 123, 2001
Note to s. 75...............................	ad. No. 31, 2001
rep. No. 123, 2001
s. 76...........................................	rep. No. 123, 2001
s. 77...........................................	am. No. 31, 2001
rep. No. 123, 2001
Note to s. 77(1)...........................	ad. No. 31, 2001
rep. No. 123, 2001
s. 78...........................................	am. No. 82, 2005
Part 8.........................................	rep. No. 128, 1999
ss. 80–86....................................	rep. No. 128, 1999
Part 9
s 88............................................	am No 171, 2012
s 89............................................	am No 24, 2021
Part 10
Heading to Part 10.......................	rs. No. 158, 2012
Division 1
s. 91...........................................	am. No. 54, 1998; No. 158, 2012
Division 2
Heading to Div. 2 of.................... of Part 10	rs. No. 158, 2012
Heading to s. 92..........................	am. No. 54, 1998
s. 92...........................................	am. No. 54, 1998
Heading to s. 93..........................	am. No. 54, 1998
s. 93...........................................	am. No. 54, 1998; No. 158, 2012
s. 94...........................................	am. No. 158, 2012
s. 94A........................................	ad. No. 158, 2012
Division 3
Heading to Div. 3 of.................... Part 10	rs. No. 54, 1998
s 95............................................	am No 54, 1998; No 121, 2001; No 13, 2018; No 76, 2023
s. 96...........................................	am. No. 54, 1998; No. 31, 2001
s. 97...........................................	am. No. 54, 1998
Heading to s. 98..........................	am. No. 54, 1998
s. 98...........................................	am. No. 54, 1998
s. 101.........................................	am. No. 54, 1998
s 102..........................................	am No 3, 2020
s 104..........................................	am No 54, 1998; No 3, 2020
Division 4
s. 107.........................................	am. No. 54, 1998
s. 108.........................................	am. No. 54, 1998; No. 31, 2001; No 4, 2016
Notes 1, 2 to s. 108(3)..................	ad. No. 31, 2001
s. 111.........................................	am. No. 54, 1998
s. 112.........................................	am. No. 31, 2001 (as rep. by No. 117, 2001); No 4, 2016
Note to s. 112(2).........................	ad. No. 31, 2001
s. 113.........................................	am. No. 54, 1998
Division 5
s. 114.........................................	am. No. 54, 1998; No. 125, 2002
Division 6
s. 115.........................................	am. No. 54, 1998
rs. No. 31, 2001 (as rs. by No. 117, 2001)
s. 116.........................................	am. No. 54, 1998
s. 117.........................................	am. No. 158, 2012
s. 118.........................................	am. No. 31, 2001 (as rep. by No. 117, 2001); No. 8, 2007; No 4, 2016
Note to s. 118(4).........................	ad. No. 31, 2001
s. 119.........................................	am. No. 54, 1998
Division 7
s. 125.........................................	am. No. 54, 1998
Division 8
Heading to s. 128........................	am. No. 54, 1998
s. 128.........................................	am. No. 54, 1998
s. 129A......................................	ad. No. 54, 1998
Part 11
Division 2
ss. 131, 132................................	am. No. 71, 1997; No. 128, 1999
s. 133.........................................	am. No. 71, 1997; No. 128, 1999; No. 31, 2001 (as rep. by No. 117, 2001); No. 15, 2007; No 4, 2016
Note to s. 133(1).........................	ad. No. 15, 2007
Note to s. 133(3).........................	ad. No. 31, 2001
s. 133A......................................	ad. No. 158, 2012
Division 3
s. 134.........................................	am. No. 71, 1997; No. 128, 1999
s. 135.........................................	am. No. 71, 1997; No. 54, 1998; No. 128, 1999
s. 136.........................................	am. No. 71, 1997; No. 54, 1998; No. 128, 1999; No. 31, 2001 (as rep. by No. 117, 2001); No 4, 2016; No 23, 2018
Note to s. 136(4).........................	ad. No. 31, 2001
s. 137.........................................	am. No. 71, 1997; No. 128, 1999; No. 31, 2001 (as rep. by No. 117, 2001); No. 41, 2011; No 4, 2016
Note to s. 137(6).........................	ad. No. 31, 2001
Heading to s. 137A......................	am. No. 41, 2011
s. 137A......................................	ad. No. 41, 2011
am. No. 41, 2011; No 197, 2012
Note 1 to s 137A(3)....................	am No 197, 2012
Note 2 to s 137A(3)....................	am No. 197, 2012
s. 137B......................................	ad. No. 158, 2012
s. 138.........................................	am. No. 71, 1997; No. 54, 1998; No. 128, 1999; No. 31, 2001 (as rep. by No. 117, 2001); No 4, 2016
Note to s. 138(4).........................	ad. No. 31, 2001
s. 138A......................................	ad. No. 12, 2012
Division 4
s. 139.........................................	am. No. 71, 1997; No. 54, 1998; No. 128, 1999; No. 15, 2007
s. 140.........................................	am. No. 71, 1997; No. 128, 1999
s. 140A......................................	ad. No. 143, 2007
s. 141.........................................	am. No. 71, 1997; No. 128, 1999
s. 142.........................................	am. No. 71, 1997; No. 54, 1998; No. 128, 1999
s. 143.........................................	am. No. 71, 1997; No. 128, 1999
Division 4A
Heading to Div. 4A..................... of Part 11	rs. No. 158, 2012
Div. 4A of Part 11.......................	ad. No. 15, 2007
s. 143A......................................	ad. No. 15, 2007
am. No. 158, 2012
s. 143B......................................	ad. No. 15, 2007
am No 158, 2012
s. 143C......................................	ad. No. 158, 2012
s. 143D......................................	ad. No. 158, 2012
s. 143E.......................................	ad. No. 158, 2012
s. 143F.......................................	ad. No. 158, 2012
Division 5
s. 144.........................................	am. No. 71, 1997; No. 128, 1999; No. 121, 2001; No. 12, 2012
s. 145.........................................	am. No. 137, 2000
Division 6
s 147.........................................	am No 197, 2012
s. 147A......................................	ad. No. 71, 1997 (as am. by No. 191, 1997); No 23, 2018
Part 12
Heading to Part 12.......................	rs. No. 137, 2000
s. 148.........................................	am. No. 137, 2000
s. 150.........................................	rep. No. 137, 2000
s. 151.........................................	am. No. 31, 2001; No 4, 2016
ss. 152, 153................................	rep. No. 137, 2000
s. 154.........................................	rs. No. 31, 2001
am No 4, 2016
s 155..........................................	am No 54, 1998; No 4, 2016
s 156..........................................	am No 54, 1998; No 4, 2016
Part 13
s. 158.........................................	am. No. 8, 2007
s. 160.........................................	am. No. 54, 1998
s. 161.........................................	am. No. 54, 1998; No. 31, 2001 (as rep. by No. 117, 2001); No. 121, 2001; No 4, 2016
Note to s. 161(14).......................	ad. No. 31, 2001
s. 162.........................................	am. No. 54, 1998; No. 31, 2001 (as rep. by No. 117, 2001); No 4, 2016
Note to s. 162(4).........................	ad. No. 31, 2001
s 163..........................................	am No 54, 1998; No 13, 2018
ed C47
am No 76, 2023
s 165..........................................	am No 4, 2016
Part 14
s. 168.........................................	am. No. 54, 1998; No. 108, 2011; No 23, 2018
Part 15
s. 172.........................................	am. No. 54, 1998
s. 173.........................................	am. No. 128, 1999; No. 123, 2001; No. 108, 2011; No 23, 2018
Heading to s. 174........................	am. No. 54, 1998
s. 174.........................................	am. No. 54, 1998
Heading to s. 175........................	am. No. 54, 1998
s. 176.........................................	am. No. 54, 1998; No. 31, 2001
Heading to s. 177........................	am. No. 54, 1998
s. 177.........................................	am. No. 54, 1998
Heading to s. 178........................	am. No. 54, 1998
ss. 179, 180................................	am. No. 54, 1998
Part 16
Heading to s. 182........................	am. No. 54, 1998
s 182..........................................	am No 54, 1998; No 31, 2001; No 123, 2001; No 141, 2003; No 4, 2016; No 76, 2023
Note to s. 182(6).........................	rep. No. 123, 2001
s. 183.........................................	am. No. 31, 2001 (as rep. by No. 117, 2001); No. 56, 2010; No 4, 2016
Note to s. 183(3).........................	ad. No. 31, 2001
s 184..........................................	rep No 13, 2018
s. 185.........................................	am. No. 31, 2001
s. 187.........................................	rep. No. 54, 1998
s 189..........................................	am No 54, 1998; No 38, 2024; No 14, 2025
s 190..........................................	am No 54, 1998; No 38, 2024
ss. 191, 192................................	rep. No. 54, 1998
Heading to s. 193........................	am. No. 54, 1998
rep. No. 121, 2001
Subheads. to s. 193(4), (5)............	am. No. 54, 1998
rep. No. 121, 2001
s. 193.........................................	am. No. 54, 1998; No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 121, 2001
Note to s. 193(6).........................	ad. No. 31, 2001
rep. No. 121, 2001
Heading to s. 194........................	am. No. 54, 1998
rep. No. 121, 2001
s. 194.........................................	am. No. 54, 1998
rep. No. 121, 2001
s. 198.........................................	rep. No. 54, 1998
ad. No. 108, 2011
rep No 23, 2018
s. 199.........................................	rep. No. 54, 1998
s. 200.........................................	am. No. 54, 1998