Superannuation Industry (Supervision) Act 1993 (Cth)

Superannuation Industry (Supervision) Act 1993

No. 78, 1993

Compilation No. 127

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

This compilation is in 2 volumes

Volume 1:sections 1–127

Volume 2: sections 128–383

Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Superannuation Industry (Supervision) Act 1993 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 make provision for the supervision of certain entities engaged in the superannuation industry, and for related purposes

Part 1PreliminaryDivision 1Preliminary1Short title

This Act may be cited as the Superannuation Industry (Supervision) Act 1993.

2Commencement

(1)
Subject to this section, Parts 1, 2, 21, 27, 28, 29, 30, 31 and 32 commence on the day on which this Act receives the Royal Assent.
(2)
Part 1 (in so far as it relates to section 117) and section 117 are taken to have commenced on 21 October 1992.
(3)
Parts 18, 19, 20, 23 and 24 and section 342 commence on 1 July 1994.
(4)
The remaining provisions commence on 1 December 1993, but do not apply to a fund, scheme or trust in relation to a year of income of the fund, scheme or trust earlier than the 1994‑95 year of income.

3Object of Act

Supervision of certain superannuation entities
(1)
The main object of this Act is to make provision for the prudent management of certain superannuation funds, approved deposit funds and pooled superannuation trusts and for their supervision by APRA, ASIC and the Commissioner of Taxation.
Basis for supervision
(2)
The basis for supervision is that those funds and trusts are subject to regulation under the Commonwealth’s powers with respect to corporations or pensions (for example, because the trustee is a corporation). In return, the supervised funds and trusts may become eligible for concessional taxation treatment.
Whole industry not covered
(3)
The Act does not regulate other entities engaged in the superannuation industry.

4Simplified outline of supervision responsibilities

Sections 5 and 6 set out the functions, powers and duties of APRA, ASIC and the Commissioner of Taxation in administering this Act.
APRA is generally responsible for prudential regulation and member outcomes. It is also generally responsible for licensing and supervision of RSE licensees.
ASIC is generally responsible for protecting consumers from harm, market integrity, disclosure and record keeping.
The Commissioner of Taxation is generally responsible for self managed superannuation funds, data and payment standards, tax file numbers and the compassionate release of superannuation amounts.

5General administration of Act

(1)
Subject to this section, the general administration of a provision is determined under the general administration table in section 6. If a provision is covered by column 1 of the table, the general administration of the provision is conferred on a person, body or bodies in accordance with column 3 of the table.
(2)
Powers and duties are also conferred by the provisions referred to in subsection (3) of this section on:
(a)
APRA for the purposes of APRA’s administration of the provisions it administers (including provisions both APRA and ASIC administer); and
(b)
ASIC for the purposes of ASIC’s administration of the provisions it administers (including provisions both APRA and ASIC administer); and
(c)
the Commissioner of Taxation for the purposes of the administration of the provisions the Commissioner of Taxation administers.
(3)
The provisions are Parts 1, 25, 26, 27, 28, 29, 29A and 30, but not including any of the following provisions:
(a)
Division 3 of Part 25 (see instead item 58 of the general administration table);
(b)
sections 328 and 332 (see instead subsection (8) of this section).
Note: Generally APRA, ASIC and the Commissioner of Taxation are not referred to in these provisions, Regulator is used instead. See the definition of Regulator in section 10.
Special rules about ASIC
(4)
Despite paragraph (2)(b):
(a)
powers and duties conferred on ASIC by section 255 are conferred only in relation to persons who are relevant persons in relation to superannuation entities; and
(b)
powers and duties conferred on ASIC by section 256 are conferred only in relation to the affairs of superannuation entities.
Special rules about the Commissioner of Taxation
(5)
Despite paragraph (2)(c):
(a)
powers and duties conferred on the Commissioner of Taxation by Divisions 4 to 8 of Part 25 (other than section 285) are conferred only in relation to:
(i)
persons who are relevant persons in relation to superannuation entities; and
(ii)
the affairs of superannuation entities; and
(b)
powers and duties are not conferred on the Commissioner of Taxation by section 342 (about pre‑1 July 88 funding credits and debits).
(6)
Nothing in subsection (5) limits the powers and duties conferred on the Commissioner of Taxation by Part 25 (as mentioned in paragraph (2)(c)) in relation to contributing employers.
Note: The Commissioner of Taxation’s powers and duties under Part 25 in relation to contributing employers are found in sections 255 and 256, with related provisions in Divisions 7, 8 and 9 of that Part.
(7)
To avoid doubt, for the purposes of the definition of taxation law in subsection 995‑1(1) of the Income Tax Assessment Act 1997, the Commissioner of Taxation is taken to have the general administration of a provision of this Act or the regulations that confers powers and duties on the Commissioner of Taxation.
Note: An effect of a provision being administered by the Commissioner of Taxation 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.
Modification and exemption powers
(8)
Powers and duties are also conferred by sections 328 and 332 on:
(a)
APRA for the purposes of the administration of provisions administered by APRA (including provisions both APRA and ASIC administer) or by the Commissioner of Taxation; and
(b)
ASIC for the purposes of the administration of provisions administered solely by ASIC.
Directions
(9)
The Minister may, by legislative instrument, give APRA or ASIC directions about the performance or exercise of its functions or powers under this Act.

6General administration table

(1)
The following table has effect for the purposes of subsection 5(1).
Note: Under that subsection, the general administration of a provision referred to in column 1 of the table is conferred as set out in column 3.

General administration table
Item	Column 1 Provisions	Column 2 Topic	Column 3 Regulator
1	Part 2A, to the extent it is not covered by item 2 of this table	licensing of RSE licensees	APRA
2	Section 29JCA	false representation about RSE status	both APRA and ASIC
3	Part 2B, to the extent it is not covered by item 4 of this table	registrable superannuation entities	APRA
4	Sections 29P to 29QC	obligations of RSE licensees	ASIC
5	Part 2C, to the extent it is not covered by item 6 of this table	MySuper	APRA
6	Subsection 29SAA(3)	MySuper notice requirements	ASIC
7	Part 3, to the extent it is not covered by item 7A, 8 or 9 of this table	operating standards	(a) ASIC, to the extent the provisions relate to disclosure or record‑keeping (see subsection (2)); and (b) subject to paragraph (a), the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (c) APRA, to the remaining extent
7A	Subsection 34(2A)	offence for breaching standards relating to record keeping obligations	both APRA and ASIC
8	Division 3 of Part 3	portability forms	the Commissioner of Taxation
9	Regulations made under Part 3	release on compassionate grounds	the Commissioner of Taxation, to the extent that the regulations relate to the making and notification of determinations that an amount of benefits in a superannuation entity may be released on compassionate grounds
10	Part 3A	prudential standards	APRA
11	Part 3B, to the extent it is not covered by item 12 or 13 of this table	superannuation data and payment	APRA
12	Divisions 1 and 4 of Part 3B	superannuation data and payment	the Commissioner of Taxation
13	Division 2 of Part 3B	compliance with superannuation data and payment regulations and standards	(a) the Commissioner of Taxation, to the extent the provisions relate to any of the following: (i) employers; (ii) payments and information given to the Commissioner of Taxation; (iii) self managed superannuation funds; and (b) APRA, to the remaining extent
14	Part 4	accounts, audit and reporting obligations for superannuation entities	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) APRA, to the remaining extent
15	Part 5, to the extent it is not covered by item 16 of this table	notices about complying fund status	(a) the Commissioner of Taxation, to the extent the provisions do any of the following: (i) relate to self managed superannuation funds; (ii) require or permit the Commissioner of Taxation to do something; and (b) APRA, to the remaining extent
16	Sections 40 and 41	notices about complying superannuation fund status	(a) in relation to an entity that is a self managed superannuation fund on the last day of the most recently ended year of income—the Commissioner of Taxation; and (b) in relation to an entity that is not a self managed superannuation fund on the last day of the most recently ended year of income—APRA; and (c) subject to paragraphs (a) and (b), the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (d) APRA, to the remaining extent
17	Part 6, to the extent it is not covered by items 18 to 21 of this table	governing rules of superannuation entities	(a) ASIC, to the extent the provisions relate to disclosure or record‑keeping (see subsection (2)); and (b) subject to paragraph (a), the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (c) APRA, to the remaining extent
18	Sections 52, 52A and 54B	covenants and consequences of breaching covenants	both APRA and ASIC
19	Sections 52B and 52C	covenants of SMSFs	the Commissioner of Taxation
20	Section 54A	prescribed covenants	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) both APRA and ASIC, to the remaining extent
21	Section 60A	dismissal of trustee of public offer entity	APRA
21A	Part 6A, to the extent it is not covered by item 21B, 21C or 21D of this table	annual performance assessments	(a) ASIC, to the extent the provisions relate to disclosure or record‑keeping (see subsection (2)); and (b) APRA, to the remaining extent
21B	Section 60E	annual performance assessments—trustee to notify beneficiaries of fail assessment	both APRA and ASIC
21C	Subsection 60F(2)	annual performance assessments—consequence of 2 consecutive fail assessments	both APRA and ASIC
21D	Subsections 60J(4), (5) and (6)	formulas for ranking products—making information available on website	the Commissioner of Taxation
22	Part 7, to the extent it is not covered by items 23 to 26 of this table	regulated superannuation funds	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) APRA, to the remaining extent
23	Sections 62 and 68	sole purpose test; victimisation of trustees	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) both APRA and ASIC, to the remaining extent
25	Section 68A	use of goods or services to influence employers	ASIC
26	Section 68B	promotion of illegal early release schemes	(a) the Commissioner of Taxation, to the extent the provision relates to self managed superannuation funds; and (b) ASIC, to the remaining extent
27	Part 8	in‑house asset rules	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) APRA, to the remaining extent
28	Part 9	equal representation of employers and members—employer‑sponsored funds	APRA
29	Part 10	approved deposit funds	APRA
30	Part 11	pooled superannuation trusts	APRA
31	Part 11A, to the extent it is not covered by item 32 of this table	general fees rules	APRA
32	Sections 99F and 99FA	cost of financial product advice	ASIC
33	Part 12, to the extent it is not covered by items 34 to 36 of this table	duties of trustees and investment managers	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) APRA, to the remaining extent
34	Sections 101 and 103	dispute resolution systems; duty to keep minutes and records	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) ASIC, to the remaining extent
35	Section 105	duty to keep reports	(a) ASIC, to the extent the provision relates to disclosure or record‑keeping (see subsection (2)); and (b) subject to paragraph (a), the Commissioner of Taxation, to the extent the provision relates to self managed superannuation funds; and (c) APRA, to the remaining extent
36	Section 108A	duty to identify multiple accounts	both APRA and ASIC
37	Part 14	other provisions applying to superannuation entities	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) APRA, to the remaining extent
38	Part 15, to the extent it is not covered by item 39 of this table	standards for trustees, custodians and investment managers	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) APRA, to the remaining extent
39	Section 126K	disqualified persons	(a) the Commissioner of Taxation, to the extent the provision relates to self managed superannuation funds; and (b) both APRA and ASIC, to the remaining extent
40	Part 16, to the extent it is not covered by items 41 to 43A of this table	actuaries and auditors	(a) ASIC, to the extent the provisions relate to auditors of self managed superannuation funds; and (b) subject to paragraph (a), the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (c) APRA, to the remaining extent
41	Section 128N	actuaries and auditors—ASIC may disclose information	ASIC
42	Section 128P	actuaries and auditors—Commissioner of Taxation may refer matter to ASIC	the Commissioner of Taxation
43	Division 2 of Part 16	actuaries and auditors—obligations	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) APRA, to the remaining extent
43A	Sections 130D and 130E	disqualifying and removing actuaries and auditors	(a) both APRA and ASIC, to the extent the provisions relate to auditors; and (b) APRA, to the extent the provisions relate to actuaries
44	Part 16A	APRA’s powers to issue directions	APRA
45	Part 17, to the extent it is not covered by item 46 of this table	suspension or removal of trustee	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) APRA, to the remaining extent
46	Section 140	notice by acting trustee	APRA
47	Part 18	amalgamation of funds	APRA
48	Part 19	public offer entities	ASIC
49	Part 20	contraventions relating to SMSFs	the Commissioner of Taxation
50	Part 21	civil and criminal consequences of contravening civil penalty provisions	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) both APRA and ASIC, to the extent the provisions relate to, or are being applied for the purposes of, a provision administered by both those bodies; and (c) ASIC, to the extent the provisions relate to, or are being applied for the purposes of, a provision administered by ASIC; and (d) APRA, to the remaining extent
51	Part 22	infringement notices	APRA
52	Part 23	financial assistance	APRA
53	Part 24, to the extent it is not covered by item 54 of this table	eligible rollover funds	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) APRA, to the remaining extent
54	sections 242K, 242L and 242M	obligations relating to eligible rollover funds	both APRA and ASIC
55	Part 24A	pre‑1 July 1995 transitional provisions	APRA
56	Part 24B	small funds	as provided by the provisions of Part 24B
57	Part 25, to the extent it is not covered by item 58 of this table	monitoring and investigation	see section 5
58	Division 3 of Part 25	monitoring and investigation—APRA requirements	APRA
59	Part 25A, to the extent it is not covered by item 60 of this table	tax file numbers	(a) the Commissioner of Taxation, to the extent the provisions relate to self managed superannuation funds; and (b) APRA, to the remaining extent
60	Divisions 1 and 3A of Part 25A, section 299NA and subsection 299U(2A)	tax file numbers	the Commissioner of Taxation
61	Part 32	transitional provisions for tax file numbers	APRA

Note: Subsection 10(4) extends the meaning of self managed superannuation fund for the purposes of this section, sections 5, 42 and 42A, and Part 20.
Disclosure and record‑keeping provisions
(2)
For the purposes of the general administration table, a provision relates to disclosure or record‑keeping to the extent to which the provision relates to:
(a)
keeping of reports to members of, or beneficiaries in, funds; or
(b)
disclosure of information to members of, or beneficiaries in, funds; or
(c)
disclosure of information about funds (including disclosure of information to ASIC but not including disclosure of information to APRA); or
(d)
any other matter prescribed by regulations for the purposes of this paragraph.

7Application of Act not to be excluded or modified

This Act applies to a superannuation entity despite any provision in the governing rules of the entity, 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.

8Act extends to external Territories

This Act extends to all the external Territories.

9Crown to be bound

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

9AApplication of the Criminal Code

Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Division 2Interpretation10Definitions

(1)
In this Act, unless the contrary intention appears:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
accrued default amount, for a member of a regulated superannuation fund, has the meaning given by section 20B.

acquirable asset has the meaning given by section 67A.

activity fee has the meaning given by subsection 29V(7).

ADI (authorised deposit‑taking institution) means:

(a)
a body corporate that is an ADI for the purposes of the Banking Act 1959; or
(b)
a State bank.

administration fee has the meaning given by subsection 29V(2).

adopted child, in relation to a person, means a person adopted by the first‑mentioned person:

(a)
under the law of a State or Territory relating to the adoption of children; or
(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.

advice fee has the meaning given by subsection 29V(8).

AFCA scheme has the same meaning as in the Corporations Act 2001.

amend, in relation to the governing rules of a superannuation entity, includes the insertion of a provision in, or the omission of a provision from, those rules.

annual members’ meeting, for a registrable superannuation entity, means a meeting of members of the entity held under subsection 29P(1) for a year of income of the entity.

annuity includes a benefit provided by a life insurance company or a registered organisation, if the benefit is taken, under the regulations, to be an annuity for the purposes of this Act.

approved deposit fund means a fund that:

(a)
is an indefinitely continuing fund; and
(b)
is maintained by an RSE licensee that is a constitutional corporation; and
(c)
is maintained solely for approved purposes.

approved form has the meaning given by section 11A.

approved guarantee has the meaning given by section 11E.

approved purposes, in relation to a fund, means:

(a)
the purpose of receiving on deposit:
1. (i)
  amounts of roll‑over superannuation benefits (within the meaning of the Income Tax Assessment Act 1997); and
2. (ia)
  amounts of directed termination payments (within the meaning of section 82‑10F of the Income Tax (Transitional Provisions) Act 1997); and
3. (ii)
  amounts paid under Part 24 of this Act; and
4. (iii)
  amounts paid under section 65 of the Superannuation Guarantee (Administration) Act 1992; and
(b)
the purpose of dealing with such amounts, in accordance with the rules of the fund, in any way calculated directly or indirectly to enhance the value of, or render profitable, property of the fund; and
(c)
subject to any inconsistent requirement in the standards from time to time applicable to the fund under section 32, the purpose of paying to beneficiaries, or to the legal personal representatives of beneficiaries, upon request, amounts equal to the beneficiary’s interest in the fund; and
(d)
such other purposes (if any) as APRA approves in writing.

approved SMSF auditor means a person who is registered under section 128B, but does not include:

(a)
a person for whom an order disqualifying a person from being an approved SMSF auditor, or suspending a person’s registration as an approved SMSF auditor, is in force under section 130F; or
(b)
a person who is disqualified from being or acting as an auditor of all superannuation entities under section 130D.

APRA means the Australian Prudential Regulation Authority.

APRA staff member has the same meaning as in the Australian Prudential Regulation Authority Act 1998.

ASIC means the Australian Securities and Investments Commission.

asset means any form of property and, to avoid doubt, includes money (whether Australian currency or currency of another country).

associate has the meaning given by section 12.

Australian court means:

(a)
the High Court; or
(b)
a court created by the Parliament; or
(c)
a court of a State or Territory.

Australian resident means a person who is a resident of Australia for the purposes of the Income Tax Assessment Act 1936.

authorised person means a person authorised by the Regulator under section 298A for the purposes of the provision in which the expression occurs.

benchmark means a benchmark mentioned in, or specified in regulations made for the purposes of, subparagraphs 52(9)(a)(i) and (ii) and paragraph 52(9)(aa).

beneficiary, in relation to a fund, scheme or trust, means a person (whether described in the governing rules as a member, a depositor or otherwise) who has a beneficial interest in the fund, scheme or trust and includes, in relation to a superannuation fund, a member of the fund despite the express references in this Act to members of such funds.

books includes:

(a)
any record; or
(b)
any accounts or accounting records, however compiled, recorded or stored; or
(c)
a document.

buy‑sell spread has the meaning given by subsection 29V(4).

child, in relation to a person, includes:

(a)
an adopted child, a stepchild or an ex‑nuptial child of the person; and
(b)
a child of the person’s spouse; and
(c)
someone who is a child of the person within the meaning of the Family Law Act 1975.

choice product: A class of beneficial interest in a regulated superannuation fund is a choice product unless:

(a)
all the members of the fund who hold that class of beneficial interest in the fund are defined benefit members; or
(b)
that class of beneficial interest in the fund is a MySuper product.

civil penalty order means a declaration or order made under section 196.

civil penalty provision has the meaning given by section 193.

class, in relation to an RSE licensee, means (except in subsections 29E(7) and (8)) a class of RSE licence provided for under subsection 29B(2) or (3), or under regulations made for the purposes of subsection 29B(4).

Commissioner means the Insurance and Superannuation Commissioner appointed under the Insurance and Superannuation Commissioner Act 1987, or a person for the time being acting as Insurance and Superannuation Commissioner under that Act.

comparable choice products, in relation to a choice product, means a class of choice product specified in regulations made for the purposes of this definition that the choice product is to be compared with.

connected entity, in relation to an RSE licensee of a registrable superannuation entity, means:

(a)
an associated entity (within the meaning of the Corporations Act 2001) of the RSE licensee; and
(b)
if the RSE licensee is a group of individual trustees—an entity that has the capacity to determine or influence decisions made by one or more members of the group in relation to the registrable superannuation entity; and
(c)
any other entity of a kind prescribed by the regulations.

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 3B (about the superannuation data and payment regulations and standards).

controlling stake: a person holds a controlling stake in an RSE licensee that is a body corporate if the person holds a stake of more than 15% in the RSE licensee.

corporate trustee, in relation to a fund, scheme or trust, means a body corporate that is a trustee of the fund, scheme or trust.

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.

custodian, in relation to a superannuation entity, means a person (other than a trustee of the entity) who, under a contract with a trustee or an investment manager of the entity, performs custodial functions in relation to any of the assets of the entity.

data and payment regulations and standards relating to RSAs has the same meaning as in the Retirement Savings Accounts Act 1997.

data processing device means any article or material (for example, a disc) from which information is capable of being reproduced with or without the aid of any other article or device.

death benefit: see section 68AA.

deed includes an instrument having the effect of a deed.

defined benefit fund has (except in Division 3A of Part 8 and in Part 23) the meaning given by the regulations.

defined benefit member:

(a)
in the definition of choice product in this subsection, section 20B and Part 2C—has the same meaning as in the Superannuation Guarantee (Administration) Act 1992; and
(b)
in Division 3A of Part 8 and in Part 23—has the meaning given by section 83A; and
(c)
in any other provision of this Act—has the meaning given by the regulations;

subject to subsection (1A).

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.

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.

education direction: see subsection 160(2).

eligible rollover fund: a regulated superannuation fund is an eligible rollover fund if an RSE licensee is authorised under section 242F to operate the fund as an eligible rollover fund.

eligible superannuation entity means a regulated superannuation fund or an approved deposit fund.

employee has the meaning given by section 15A.

employer has the meaning given by section 15A.

employer representative, in relation to a group of trustees of a fund, a policy committee of a fund or the board of directors of a corporate trustee of a fund, means a member of the group, committee or board, as the case may be, nominated by:

(a)
the employer or employers of the members of the fund; or
(b)
an organisation representing the interests of that employer or those employers.

employer‑sponsor has the meaning given by subsection 16(1).

employer‑sponsored fund has the meaning given by subsection 16(3).

enhanced director obligations means:

(a)
for MySuper products—the obligations imposed by:
1. (i)
  a covenant referred to in paragraph 52A(2)(f), as it relates to covenants referred to in subsection 52(9), (12) or (13); and
2. (ii)
  covenants prescribed under section 54A that are specified in the regulations as forming part of the enhanced director obligations for MySuper products; and
(b)
for eligible rollover funds—the obligations imposed by:
1. (i)
  section 242L; and
2. (ii)
  covenants prescribed under section 54A that are specified in the regulations as forming part of the enhanced director obligations for eligible rollover funds.

enhanced trustee obligations means:

(a)
for MySuper products—the obligations imposed by:
1. (i)
  covenants referred to in section 52; and
2. (ii)
  covenants prescribed under section 54A that are specified in the regulations as forming part of the enhanced trustee obligations for MySuper products; and
(b)
for eligible rollover funds—the obligations imposed by:
1. (i)
  covenants referred to in section 52, as enhanced by the obligations imposed under section 242K; and
2. (ii)
  covenants prescribed under section 54A that are specified in the regulations as forming part of the enhanced trustee obligations for eligible rollover funds.

entity means any of the following:

(a)
an individual;
(b)
a body corporate;
(c)
a partnership;
(d)
a trust.

entry fee has the meaning given by subsection 99B(2).

evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

excluded approved deposit fund means an approved deposit fund:

(a)
in which there is only one beneficiary; and
(b)
that satisfies such other conditions (if any) as are specified in the regulations.

excluded instalment trust, of a superannuation fund, means a trust:

(a)
that arises because a trustee or investment manager of the superannuation fund makes an investment under which a listed security (the underlying security) is held in trust until the purchase price of the underlying security is fully paid; and
(b)
where the underlying security, and property derived from the underlying security, is the only trust property; and
(c)
where an investment in the underlying security held in trust would not be an in‑house asset of the superannuation fund.

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.

exempt public sector superannuation scheme means a public sector superannuation scheme that is specified in regulations made for the purposes of this definition.

exit fee has the meaning given by subsection 99BA(2).

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.

fees rules, in relation to MySuper products, means the rules in Division 5 of Part 2C.

financial product has the same meaning as in Division 3 of Part 7.1 of the Corporations Act 2001.

financial product advice has the same meaning as in the Corporations Act 2001.

financial services licensee has the meaning given by the Corporations Act 2001.

function includes duty.

general administration table means the table in section 6.

general fees rules means the rules in Part 11A.

governing rules, in relation to a fund, scheme or trust, means:

(a)
any rules contained in a trust instrument, other document or legislation, or combination of them; or
(b)
any unwritten rules;

governing the establishment or operation of the fund, scheme or trust.

group of individual trustees means a group of trustees each of whom is an individual trustee.

group of trustees, in relation to a fund, scheme or trust, means a board, committee or other group of trustees of the fund, scheme or trust.

half‑year means a period of 6 months ending on 30 June or 31 December.

Income Tax Assessment Act means the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997.

independent director, in relation to a corporate trustee of a fund, means a director of the corporate trustee who:

(a)
is not a member of the fund; and
(b)
is neither an employer‑sponsor of the fund nor an associate of such an employer‑sponsor; and
(c)
is neither an employee of an employer‑sponsor of the fund nor an employee of an associate of such an employer‑sponsor; and
(d)
is not, in any capacity, a representative of a trade union, or other organisation, representing the interests of one or more members of the fund; and
(e)
is not, in any capacity, a representative of an organisation representing the interests of one or more employer‑sponsors of the fund.

Note: Subsection (2) sets out the circumstances in which a director of a corporate trustee of a fund is not taken to be an associate of an employer‑sponsor of the fund.

independent trustee, in relation to a fund, means a trustee of the fund who:

(a)
is not a member of the fund; and
(b)
is neither an employer‑sponsor of the fund nor an associate of such an employer‑sponsor; and
(c)
is neither an employee of an employer‑sponsor of the fund nor an employee of an associate of such an employer‑sponsor; and
(d)
is not, in any capacity, a representative of a trade union, or other organisation, representing the interests of one or more members of the fund; and
(e)
is not, in any capacity, a representative of an organisation representing the interests of one or more employer‑sponsors of the fund.

individual RSE auditor means an individual who is appointed as auditor of a registrable superannuation entity.

individual trustee, in relation to a fund, scheme or trust, means an individual who is a trustee of the fund, scheme or trust.

insolvent under administration means a person who:

(a)
under the Bankruptcy Act 1966 or the law of an external Territory, is a bankrupt in respect of a bankruptcy from which the person has not been discharged; or
(b)
under the law of a country other than Australia or the law of an external Territory, has the status of an undischarged bankrupt;

and includes:

(c)
a person any of whose property is subject to control under:
1. (i)
  section 50 or 188 of the Bankruptcy Act 1966; or
2. (ii)
  a corresponding provision of the law of an external Territory or the law of a foreign country; or
(d)
a person who has executed a personal insolvency agreement under:
1. (i)
  Part X of the Bankruptcy Act 1966; or
2. (ii)
  the corresponding provisions of the law of an external Territory or the law of a foreign country;

if a certificate has not been given under section 232 of that Act or the corresponding provision of the law of the external Territory or foreign country, as the case may be, in respect of the agreement.

inspector has the meaning given by section 265.

instalment receipt means an investment under which:

(a)
a listed security is held in a trust until the purchase price of the security is fully paid; and
(b)
the security, and property derived from the security, is the only trust property.

insurance fee has the meaning given by subsection 29V(9).

interdependency relationship has the meaning given by section 10A.

invest means:

(a)
apply assets in any way; or
(b)
make a contract;

for the purpose of gaining interest, income, profit or gain.

investment fee has the meaning given by subsection 29V(3).

investment manager means a person appointed by a trustee of a fund or trust to invest on behalf of the trustee, or the trustees, of the fund or trust.

involved, in relation to a contravention, has the meaning given by section 17.

lawyer means a duly qualified legal practitioner and, in relation to a person, means such a practitioner acting for the person.

lead auditor has the meaning given by section 11F.

lease arrangement means any agreement, arrangement or understanding in the nature of a lease (other than a lease) between a trustee of a superannuation fund and another person, under which the other person is to use, or control the use of, property owned by the fund, whether or not the agreement, arrangement or understanding is enforceable, or intended to be enforceable, by legal proceedings.

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.

lifecycle exception has the meaning given by subsection 29TC(2).

life insurance company means:

(a)
a body corporate registered under section 21 of the Life Insurance Act 1995; or
(b)
a public authority:
1. (i)
  that is constituted by a law of a State or Territory; and
2. (ii)
  that carries on life insurance business within the meaning of section 11 of that Act.

listed security has the meaning given by subsection 66(5).

loan includes the provision of credit or any other form of financial accommodation, whether or not enforceable, or intended to be enforceable, by legal proceedings.

lodge means lodge with the Regulator.

market value, in relation to an asset, means the amount that a willing buyer of the asset could reasonably be expected to pay to acquire the asset from a willing seller if the following assumptions were made:

(a)
that the buyer and the seller dealt with each other at arm’s length in relation to the sale;
(b)
that the sale occurred after proper marketing of the asset;
(c)
that the buyer and the seller acted knowledgeably and prudentially in relation to the sale.

member has a meaning affected by section 15B.

member of staff means:

(a)
in relation to APRA—a person who is an APRA staff member within the meaning of the Australian Prudential Regulation Authority Act 1998; and
(b)
in relation to ASIC—a person who is a staff member within the meaning of the Australian Securities and Investments Commission Act 2001; and
(c)
in relation to the Commissioner of Taxation—a taxation officer.

member representative, in relation to a group of trustees of a fund, a policy committee of a fund or the board of directors of a corporate trustee of a fund, means a member of the group, committee or board, as the case may be, nominated by:

(a)
the members of the fund; or
(b)
a trade union, or other organisation, representing the interests of those members.

modifications includes additions, omissions and substitutions.

MySuper member: A member of a regulated superannuation fund is a MySuper member of the fund if the member holds a beneficial interest in the fund of a class that the RSE licensee of the fund is authorised to offer as a MySuper product.

MySuper product: A class of beneficial interest in a regulated superannuation fund is a MySuper product if an RSE licensee is authorised under section 29T to offer that class of beneficial interest in the fund as a MySuper product.

occurrence of an event includes the coming into existence of a state of affairs.

old‑age pensions has the same meaning as in paragraph 51(xxiii) of the Constitution.

ongoing fee arrangement has the same meaning as in the Corporations Act 2001.

Part 6A product has the meaning given by section 60B.

Part 8 associate has the meaning given by Subdivision B of Division 1 of Part 8.

pension, except in the expression old‑age pension, includes a benefit provided by a fund, if the benefit is taken, under the regulations, to be a pension for the purposes of this Act.

permanent incapacity: a member of a superannuation fund or an approved deposit fund is suffering permanent incapacity if the member is taken, under the regulations, to be suffering permanent incapacity for the purposes of this Act.

permanent incapacity benefit: see section 68AA.

personal advice has the same meaning as in the Corporations Act 2001.

policy committee, in relation to a regulated superannuation fund, means a board, committee or other body that:

(a)
advises a trustee of the fund about such matters as are specified in the regulations; and
(b)
is established by or under the governing rules of the fund.

pooled superannuation trust means a unit trust:

(a)
the trustee of which is a constitutional corporation; and
(b)
that, under the regulations, is a unit trust to which this definition applies.

practical control of an RSE licensee that is a body corporate has the meaning given by section 131EC.

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.

private sector fund means a superannuation fund covered by paragraph (a) of the definition of superannuation fund, other than a public sector fund.

procure includes cause.

produce includes permit access to.

prudential matter has the meaning given by subsection 34C(4).

prudential standard means a standard determined by APRA under subsection 34C(1).

public offer entity means:

(a)
a public offer superannuation fund; or
(b)
an approved deposit fund that is not an excluded approved deposit fund; or
(c)
a pooled superannuation trust.

public offer entity licence means an RSE licence of a class provided for under subsection 29B(2).

public offer superannuation fund has the meaning given by section 18.

public sector fund means a superannuation fund that is:

(a)
covered by paragraph (a) of the definition of superannuation fund; and
(b)
part of a public sector superannuation scheme.

public sector superannuation scheme means a scheme for the payment of superannuation, retirement or death benefits, where the scheme is established:

(a)
by or under a law of the Commonwealth or of a State or Territory; or
(b)
under the authority of:
1. (i)
  the Commonwealth or the government of a State or Territory; or
2. (ii)
  a municipal corporation, another local governing body or a public authority constituted by or under a law of the Commonwealth or of a State or Territory.

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July and 1 October.

rectification direction: see subsection 159(2).

rectify, in relation to a contravention of this Act or the regulations that has occurred in relation to a superannuation entity, includes put in operation managerial or administrative arrangements that could reasonably be expected to ensure that there are no further contraventions of a similar kind.

redeem, in relation to an interest in an approved deposit fund, includes pay an amount equal to the interest pursuant to a covenant of a kind referred to in section 53 that is contained, or taken to be contained, in the governing rules of the fund.

registered company auditor has the same meaning as in the Corporations Act 2001.

registered organisation means:

(a)
an association registered under a law of a State or Territory as a trade union; or
(b)
a society registered under a law of a State or Territory providing for the registration of friendly or benefit societies; or
(c)
an association of employees that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009.

registrable superannuation entity means:

(a)
a regulated superannuation fund; or
(b)
an approved deposit fund; or
(c)
a pooled superannuation trust;

but does not include a self managed superannuation fund.

regulated document, in relation to a public offer entity, means a document:

(a)
issued, or authorised to be issued, by the trustee of the entity; and
(b)
that the trustee knows, or ought reasonably to know (having regard to the trustee’s abilities, experience, qualifications and other attributes), may influence a person’s decision:
1. (i)
  whether to apply to have a superannuation interest in the entity issued to a person; or
2. (ii)
  whether to apply to become a standard employer‑sponsor of the entity.

regulated superannuation fund has the meaning given by section 19.

Regulator means:

(a)
if the provision in which it occurs is, or is being applied for the purposes of, a provision that is administered by APRA (other than a provision that is administered by both APRA and ASIC)—APRA; or
(b)
if the provision in which it occurs is, or is being applied for the purposes of, a provision that is administered by ASIC (other than a provision that is administered by both APRA and ASIC)—ASIC; or
(c)
if the provision in which it occurs is, or is being applied for the purposes of, a provision that is administered by both APRA and ASIC—either APRA or ASIC, but, if the context requires the reference to be particularly to one of those bodies, then Regulator means that body; or
(d)
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—the Commissioner of Taxation.

Note: In relation to paragraph (c), the context may require Regulator to mean the same body as has been referred to elsewhere. For example, in subsection 344(1), the Regulator who may be requested to reconsider a decision is required by the context to be a reference to the body who made the reviewable decision.

related, in relation to bodies corporate, has the meaning given by section 20.

related party, of a superannuation fund, means any of the following:

(a)
a member of the fund;
(b)
a standard employer‑sponsor of the fund;
(c)
a Part 8 associate of an entity referred to in paragraph (a) or (b).

related trust, of a superannuation fund, means a trust that a member or a standard employer‑sponsor of the fund controls (within the meaning of section 70E), other than an excluded instalment trust of the fund.

relative of an individual means the following:

(a)
a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the individual or of his or her spouse;
(b)
a spouse of the individual or of any other individual referred to in paragraph (a).

Note: Subsection (5) may be relevant to determining relationships for the purposes of paragraph (a) of the definition of relative.

relevant person means:

(a)
in relation to a fund or trust:
1. (i)
  if the trustee or an investment manager of the fund or trust is or includes an individual—that individual; or
2. (ii)
  if the trustee or an investment manager of the fund or trust is or includes a body corporate—a responsible officer of that body corporate; or
3. (iii)
  an auditor of the fund or trust; or
4. (iv)
  an actuary of the fund or trust; or
5. (v)
  a person who is a custodian in relation to the fund or trust; or
(b)
in relation to an approved SMSF auditor:
1. (i)
  the approved SMSF auditor; or
2. (ii)
  a person who is a relevant person under paragraph (a) in relation to a self managed superannuation fund of which the approved SMSF auditor is or was an auditor; or
(c)
in relation to an audit of a self managed superannuation fund:
1. (i)
  the person who is conducting, or conducted, the audit; or
2. (ii)
  a person who is a relevant person under paragraph (a) in relation to the self managed superannuation fund.

resident approved deposit fund has the meaning given by section 20A.

resident regulated superannuation fund means a regulated superannuation fund that is an Australian superannuation fund within the meaning of the Income Tax Assessment Act 1997.

resolution, of an entity, means the process by which APRA or other relevant persons manage or respond to the entity:

(a)
being unable to meet its obligations; or
(b)
being considered likely to be unable, or being considered likely to become unable, to meet its obligations; or
(c)
suspending payment, or being considered likely to suspend payment;

including through the exercise of powers and functions under this Act or another law.

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.

reviewable decision means:

(a)
a decision of APRA under subsection 18(6) or (7) to make a declaration; or
(aa)
a decision of APRA under subsection 18(7A) to make a declaration under subsection 18(7) subject to conditions; or
(ab)
a decision of APRA under subsection 18(7C) to revoke a declaration that a superannuation fund is not a public offer superannuation fund or;
(b)
a decision of APRA under subsection 18(10) to revoke a declaration; or
(dd)
a decision of APRA under subsection 29CA(2) to treat an application for an RSE licence as having been withdrawn; or
(de)
a decision of APRA under subsection 29D(2) refusing an application for an RSE licence; or
(df)
a decision of APRA under subsection 29EA(1) to impose additional conditions on an RSE licence; or
(dg)
a decision of APRA under subsection 29FA(2) to treat an application for variation of an RSE licence so that it is an RSE licence of a different class as having been withdrawn; or
(dh)
a decision of APRA under subsection 29FA(2) to treat an application for variation or revocation of a condition imposed on an RSE licence as having been withdrawn; or
(di)
a decision of APRA to refuse to vary an RSE licence under subsection 29FC(1) so that it is an RSE licence of a different class; or
(dj)
a decision of APRA to refuse to vary or revoke under subsection 29FC(1) any conditions imposed on an RSE licence; or
(dk)
a decision of APRA under subsection 29FD(1) to vary or revoke any conditions imposed on an RSE licence; or
(dl)
a decision of APRA under subsection 29G(1) to cancel an RSE licence; or
(dla)
a decision of APRA under section 29HD to refuse to give a person approval to hold a controlling stake in an RSE licensee; or
(dm)
a decision of APRA under subsection 29M(2) refusing an application for registration of a registrable superannuation entity; or
(dn)
a decision of APRA under subsection 29N(2) to cancel the registration of a registrable superannuation entity; or
(doa)
a decision of APRA under subsection 29T(2) to refuse to authorise an RSE licensee to offer a class of beneficial interest in a regulated superannuation fund as a MySuper product; or
(dob)
a decision of APRA under subsection 29U(1) to cancel an authority to offer a class of beneficial interest in a regulated superannuation fund as a MySuper product; or
(doc)
a decision to determine, vary or revoke a prudential standard referred to in paragraph 34C(1)(e) or (f); or
(dod)
a decision of the Regulator to give or vary a direction under section 34P or 34Q; or
(dp)
a decision of the Regulator refusing to give an approval under paragraph 35A(2)(b); or
(dq)
a decision of the Regulator to give such an approval subject to conditions under subsection 35A(3); or
(e)
a decision of the Regulator to give a notice under section 40; or
(f)
a decision of the Regulator refusing to give a notice under section 40; or
(fa)
a decision of the Regulator under subsection 42(1AA) or (1AC); or
(fb)
a refusal of the Regulator to give an approval under subparagraph 62(1)(b)(v); or
(g)
a decision of the Regulator to give a direction under section 63; or
(h)
a decision of the Regulator refusing to revoke a direction under section 63; or
(ha)
a decision of the Regulator to make a determination under subsection 70A(1); or
(hb)
a decision of the Regulator refusing to revoke a determination under subsection 70A(1); or
(i)
a decision of the Regulator refusing to make a determination under paragraph 71(1)(e); or
(j)
a decision of the Regulator to revoke a determination under paragraph 71(1)(e); or
(k)
a decision of the Regulator to make a determination under subsection 71(4); or
(l)
a decision of the Regulator refusing to revoke a determination under subsection 71(4); or
(m)
a decision of APRA under section 92 refusing to grant an arrangement approval; or
(n)
a decision of APRA under section 92 revoking an arrangement approval; or
(na)
a decision of APRA under subsection 93A(2) or (3) to approve or not approve a higher percentage; or
(nb)
a decision of APRA under subsection 93A(4) to specify conditions to which an approval is subject; or
(nc)
a decision of APRA under subsection 93A(5) to vary an approval; or
(o)
a decision of APRA under subsection 95(2) refusing to approve a borrowing; or
(p)
a decision of APRA under subsection 117(6) refusing to waive a requirement; or
(q)
a decision of APRA under subparagraph 123(2)(b)(ii) or (3)(c)(ii); or
(qa)
a decision of the Regulator under subsection 126A(1), (2) or (3) to disqualify an individual; or
(qb)
a decision of the Regulator under subsection 126A(5) refusing to revoke the disqualification of an individual; or
(r)
a decision of the Regulator under subsection 126B(4) refusing to allow a longer period than 14 days to make an application for waiver; or
(ra)
a decision of the Regulator under subsection 126D(3) refusing to make a declaration waiving an applicant’s status as a disqualified person; or
(rb)
a decision of the Regulator under subsection 126F(3) refusing to waive, in whole or in part, the requirement to pay an amount under subsection 126F(2); or
(rc)
a decision of the Regulator under section 128B refusing an application made under section 128A; or
(rd)
a decision of the Regulator under section 128D imposing or varying conditions, or additional conditions, on a person’s registration as an approved SMSF auditor; or
(re)
a decision of the Regulator refusing an application to vary or revoke conditions, or additional conditions, imposed under section 128D on a person’s registration as an approved SMSF auditor; or
(rf)
a decision of the Regulator under subsection 128E(2) cancelling a person’s registration as an approved SMSF auditor; or
(rg)
a decision of the Regulator refusing an application to waive the payment of the whole or a part of a fee under subsection 128L(4); or
(rh)
a decision of the Regulator to make an order under subsection 130F(2); or
(ri)
a decision of the Regulator refusing an application to revoke an order under subsection 130F(8); or
(s)
a decision of the Regulator to make a disqualification order under section 131; or
(t)
a decision of the Regulator refusing to revoke a disqualification order under section 131; or
(ta)
a decision of APRA to give a direction under section 131AA, other than a direction on the ground mentioned in paragraph 133AA(2)(a); or
(taaa)
a decision of APRA to give a direction under subsection 131D(1), 131DA(1) or 131DA(3); or
(taab)
a decision of APRA to vary a direction under subsection 131DC(1); or
(taac)
a decision of the Regulator under subsection 131EB(1) to give a person a direction to relinquish control of an RSE licensee; or
(taa)
a decision of the Regulator to suspend or remove a trustee of a superannuation entity under section 133; or
(u)
a decision of the Regulator under section 141; or
(ua)
a decision of APRA under subsection 242F(2) to refuse to authorise an RSE licensee to operate a regulated superannuation fund as an eligible rollover fund; or
(ub)
a decision of APRA under subsection 242J(1) to cancel an authority to operate a regulated superannuation fund as an eligible rollover fund; or
(z)
a decision of the Regulator under section 328 to make an exemption that applies to a particular person or a particular group of individual trustees; or
(zb)
a decision of the Regulator under section 332 to make a declaration that applies to a particular person or a particular group of individual trustees; or
(zd)
a decision of the Regulator under section 335 to vary or revoke an exemption or declaration that applies to a particular person or a particular group of individual trustees; or
(ze)
a decision of APRA refusing to give a notice under subsection 342(2) in relation to a fund; or
(zf)
a decision of APRA to give a notice under subsection 342(6) in relation to a fund; or
(zg)
a decision of the Regulator under subsection 347A(9).

RSA has the same meaning as in the Retirement Savings Accounts Act 1997.

RSA provider has the same meaning as in the Retirement Savings Accounts Act 1997.

RSE actuary means a person who is appointed as an actuary of a registrable superannuation entity.

RSE audit company means a company that is appointed as auditor of a registrable superannuation entity.

RSE audit firm means a firm that is appointed as auditor of a registrable superannuation entity.

RSE auditor means:

(a)
an individual RSE auditor; or
(b)
an RSE audit firm; or
(c)
an RSE audit company.

RSE licence means a licence granted under section 29D.

RSE licensee means a constitutional corporation, body corporate, or group of individual trustees, that holds an RSE licence granted under section 29D.

RSE licensee law means:

(a)
this Act or the regulations; and
(aa)
prudential standards; and
(b)
the Financial Sector (Collection of Data) Act 2001; and
(c)
the Financial Institutions Supervisory Levies Collection Act 1998; and
(ca)
the Financial Accountability Regime Act 2023; and
(d)
the provisions of the Corporations Act 2001 listed in a subparagraph of paragraph (b) of the definition of regulatory provision in section 38A of this Act or specified in regulations made for the purposes of subparagraph (b)(xvi) of that definition, as applying in relation to superannuation interests; and
(e)
any other provisions of any other law of the Commonwealth specified in regulations made for the purposes of this paragraph.

salary or wages has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.

self managed superannuation fund has the meaning given by sections 17A and 17B.

Note: Subsection (4) of this section extends the meaning of self managed superannuation fund for the purposes of sections 5, 6, 42 and 42A and Part 20.

signed, in relation to a body corporate, means executed by or on behalf of the body corporate in a way that is effective in law and that binds the body corporate.

SMSF actuary means a person who is a Fellow or an Accredited Member of the Institute of Actuaries of Australia.

SMSF auditor number, of an approved SMSF auditor, means the number stated under paragraph 128B(6)(b) in a certificate under subsection 128B(6) relating to the auditor’s registration under section 128B.

spouse of a person includes:

(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
(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.

stake in an RSE licensee that is a body corporate, has the same meaning as in the Financial Sector (Shareholdings) Act 1998.

standard employer‑sponsor has the meaning given by subsection 16(2).

standard employer‑sponsored fund has the meaning given by subsection 16(4).

standard employer‑sponsored member has the meaning given by subsection 16(5).

subsidiary has the same meaning as in the Corporations Act 2001.

superannuation account has the meaning given by subsection 108A(3).

superannuation actuary means:

(a)
an RSE actuary; or
(b)
an SMSF actuary.

superannuation auditor means:
(a)
an RSE auditor; or
(b)
an approved SMSF auditor.
superannuation data and payment matter has the meaning given by subsection 34K(5).
superannuation data and payment regulations and standards means:
(a)
the regulations made under section 34K; and
(b)
the standards issued by the Commissioner of Taxation under that section.
superannuation data and payment standard means a standard issued by the Commissioner of Taxation under section 34K.
superannuation entity means:
(a)
a regulated superannuation fund; or
(b)
an approved deposit fund; or
(c)
a pooled superannuation trust.
superannuation entity affected by a reviewable decision, in relation to a reviewable decision, means the superannuation entity in relation to which the decision was made.
superannuation entity director has the meaning given by subsection 52A(7).
superannuation fund means:
(a)
a fund that:
(i)
is an indefinitely continuing fund; and
(ii)
is a provident, benefit, superannuation or retirement fund; or
(b)
a public sector superannuation scheme.
superannuation interest means a beneficial interest in a superannuation entity.
suspended SMSF auditor means a person for whom an order suspending a person’s registration as an approved SMSF auditor is in force under section 130F.
switching fee has the meaning given by subsection 29V(5).
taxation officer means:
(a)
a Second Commissioner of Taxation; or
(b)
a Deputy Commissioner of Taxation; or
(c)
a person engaged under the Public Service Act 1999, or an officer or employee of an authority of the Commonwealth, performing duties in the Australian Taxation Office; or
(d)
a person engaged to provide services relating to the Australian Taxation Office.
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.
unit trust means:
(a)
a unit trust within the meaning of Division 6C of Part III of the Income Tax Assessment Act 1936 (whether established by a law of the Commonwealth or of a State or Territory, by a government agency or otherwise); or
(b)
the trustee of such a trust;
as appropriate.
value means market value, and includes amount.
virtual meeting technology has the same meaning as in the Corporations Act 2001.
year of income has the same meaning as in the Income Tax Assessment Act 1936.
(1A)
The regulations may prescribe:
(a)
circumstances in which a member of a superannuation fund is not a defined benefit member for the purposes of this Act, or a provision of this Act; and
(b)
circumstances in which a member of a superannuation fund who is not otherwise a defined benefit member for the purposes of this Act, or a provision of this Act, is to be taken to be a defined benefit member for the purposes of this Act, or that provision.
(2)
For the purposes of paragraph (b) of the definition of independent director in subsection (1), a director of a corporate trustee of a fund that is also an employer‑sponsor of the fund is not taken to be an associate of that employer‑sponsor by reason only of being such a director.
(3)
Without limiting the meaning of the expression member in this Act, that expression, in relation to a self managed superannuation fund, includes a person:
(a)
who receives a pension from the fund; or
(b)
who has deferred his or her entitlement to receive a benefit from the fund.
(4)
Treat an entity that is a superannuation fund as a self managed superannuation fund for the purposes of sections 5, 6, 42 and 42A, and Part 20, if:
(a)
it has ceased being a self managed superannuation fund for the purposes of the rest of this Act; and
(b)
the trustee of the fund is not an RSE licensee.
(5)
For the purposes of paragraph (a) of the definition of relative in subsection (1), if one individual is the child of another individual because of the definition of child in subsection (1), relationships traced to, from or through the individual are to be determined in the same way as if the individual were the natural child of the other individual.

10AInterdependency 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.

11Approvals, 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.

11AApproved forms

(1)
In this Act, a reference to an approved form is a reference to a form approved by the Regulator, in writing, for the purposes of the provision in which the expression appears.
(2)
An approved form may require particular information to be included in the completed form.
(3)
An approved form may do either or both of the following:
(a)
require or permit the form to be attached to, or to form part of, another document;
(b)
require or permit the form to be given on a specified kind of data processing device or by specified electronic transmission, in accordance with specified software or other requirements.
(4)
An approved form may require the form to be signed by a particular person or persons. This applies whether or not a provision of this Act also requires the form to be signed.
(5)
An approved form may make different requirements to be complied with according to whether or not the form is given in a way that is required or permitted as mentioned in paragraph (3)(b).
(6)
If an approved form makes a requirement as mentioned in subsection (2), (3) or (4), a purported use of the form is not effective for the purposes of this Act unless the requirement has been complied with.

11BElectronic lodgment of approved forms

(1)
If a person gives the Regulator an approved form in a way that is required or permitted as mentioned in paragraph 11A(3)(b):
(a)
the form is taken to constitute a written notice; and
(b)
if the form includes the electronic signature of a person—the form is taken to be signed by that person.
(2)
The person’s electronic signature is a unique identification, in an electronic form, that is approved by the Regulator for use by the person.
(3)
A person commits an offence if:
(a)
the person gives the Regulator an approved form in a way that is required or permitted as mentioned in paragraph 11A(3)(b); and
(b)
either:
(i)
the form purports to be given by another person; or
(ii)
the form purports to be given on behalf of another person, and that other person has not consented to the giving of the form.
Penalty: 50 penalty units.
(4)
A person commits an offence if:
(a)
the person gives the Regulator an approved form in a way that is required or permitted as mentioned in paragraph 11A(3)(b); and
(b)
the form includes the electronic signature of another person who has not consented to the inclusion of the signature.
Penalty: 50 penalty units.
(5)
Subsections (3) and (4) are offences of strict liability within the meaning of section 6.1 of the Criminal Code.

11CDeclaration required if approved form lodged electronically on trustee’s behalf

(1)
This section applies if:
(a)
the Regulator is given an approved form in a way that is required or permitted as mentioned in paragraph 11A(3)(b); and
(b)
the form is given to the Regulator by a person on behalf of the trustee, or one or more of the trustees, of a superannuation entity.
In this section, the trustee, or each of the trustees, on whose behalf the form is given is referred to as the responsible trustee.
(2)
The responsible trustee commits an offence if the responsible trustee does not, before the form is given to the Regulator, make a signed declaration that states that:
(a)
the person is authorised to give the form to the Regulator on the responsible trustee’s behalf; and
(b)
the information in the form is correct.
Penalty: 50 penalty units.
(3)
The responsible trustee commits an offence if the responsible trustee does not retain the declaration for 5 years after it is made.
Penalty: 50 penalty units.
(4)
The responsible trustee commits an offence if:
(a)
within the 5 year period, the Regulator requests the responsible trustee to produce the declaration to the Regulator; and
(b)
the responsible trustee does not comply with the request.
Penalty: 50 penalty units.
(5)
Subsections (2), (3) and (4) are offences of strict liability within the meaning of section 6.1 of the Criminal Code.

11DElectronic lodgment – documents other than approved forms

(1)
A document that is not required to be lodged in an approved form may be lodged with the Regulator electronically only if:
(a)
the Regulator and the person seeking to lodge it (either on the person’s own behalf or on another person’s behalf) have agreed, in writing, that it may be lodged electronically; or
(b)
the Regulator has approved, in writing, the electronic lodgment of documents of that kind.
(2)
The document is taken to be lodged with the Regulator if it is lodged in accordance with the agreement or approval (including any requirements of the agreement or approval as to authentication).

11EApproved guarantees

In this Act, an approved guarantee is:
(a)
a guarantee given by an ADI; or
(b)
a guarantee given by or on behalf of the Commonwealth, a State or a Territory;
that meets the requirements that APRA, by legislative instrument, determines.

11FLead auditor

If an RSE audit firm or RSE audit company conducts an audit of a registrable superannuation entity, the lead auditor for the audit is the registered company auditor who is primarily responsible to the RSE audit firm or the RSE audit company for the conduct of the audit.

12Associates

(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:
(a)
that sections 12 and 14 and paragraphs 15(1)(b) and 16(1)(b) and (c) of that Act had not been enacted;
(b)
that section 13 of that Act were not limited to Chapter 7, but extended to all provisions of that Act.

13Single trustees

For the purposes of this Act:
(a)
a fund, scheme or trust has a single corporate trustee if, and only if, there is only one trustee of the fund, scheme or trust and that trustee is a corporate trustee; and
(b)
a fund, scheme or trust has a single individual trustee if, and only if, there is only one trustee of the fund, scheme or trust and that trustee is an individual trustee.

13ARSE licensees that are groups of individual trustees

(1)
Subject to this section, for the purposes of this Act, the regulations and the prudential standards, a change in the composition of a group of individual trustees that is an RSE licensee does not affect the continuity of the group of individual trustees for the duration of the period during which the RSE licence continues in force.
Note: So, for example, an RSE licence granted to a group of individual trustees will not cease to continue in force, merely because of a change in the membership of the group.
(2)
An obligation that would be imposed on an RSE licensee that is a group of individual trustees of a registrable superannuation entity by a provision of this Act, the regulations or the prudential standards is imposed instead on each of the trustees but, subject to the entity’s governing rules, may be discharged by any of them.
(3)
A person who is a member of a group of individual trustees that is an RSE licensee is not liable under any offence of strict liability or civil penalty provision of this Act or the regulations in respect of any breach of a provision of this Act or the regulations, or failure, by the RSE licensee if the person proves that he or she:
(a)
made all inquiries (if any) that were reasonable in the circumstances; and
(b)
after doing so, believed on reasonable grounds that the obligations of the RSE licensee were being complied with.
Note: In a prosecution for an offence of strict liability against a provision of this Act or the regulations, a defendant bears a legal burden in relation to the matters in subsection (3) (see section 13.4 of the Criminal Code).
(4)
If a group of individual trustees is an RSE licensee, a direction, notice or other document is taken, for the purposes of a provision of this Act, the regulations or the prudential standards, to be given to the RSE licensee if it is given it to any member of the group.
(5)
If a group of individual trustees of a registrable superannuation entity is an RSE licensee, a request is taken, for the purposes of a provision of this Act, the regulations or the prudential standards, to have been made to the RSE licensee if it is made to any member of the group and, subject to the entity’s governing rules, may be dealt with by any member of the group.
(6)
Any requirement under this Act, the regulations or the prudential standards that a document be signed by an RSE licensee is taken, if the RSE licensee is a group of individual trustees, to be a requirement that the document be signed by each of the members of the group.
(7)
An RSE licensee that is a group of individual trustees is taken, for the purposes of a provision of this Act, the regulations or the prudential standards, to have provided something to a person if one of the members of the group has provided that thing to the person.
(8)
For the purposes of this Act and the regulations, if an RSE licensee that is a group of individual trustees is affected by a reviewable decision, each member of the group is taken to be affected by that decision.
(9)
The regulations may exclude or modify the effect of the subsections of this section (other than subsections (2) and (3)) in relation to specified provisions.
(10)
This section has effect subject to a contrary intention in a provision of this Act or regulations made for the purposes of subsection (9).

14Indefinitely continuing fund – application of rules against perpetuities

If the governing rules of a fund contain a provision the purpose of which is to avoid a breach of a rule of law relating to perpetuities, that provision does not prevent the fund from being treated as an indefinitely continuing fund for the purposes of the definition of approved deposit fund or superannuation fund in section 10.

15Approved deposit funds – payments by trustees

(1)
For the purposes of paragraph (c) of the definition of approved purposes in section 10 and for the purposes of section 53, if:
(a)
a beneficiary has an interest in a fund; and
(b)
on the request of the beneficiary, an amount equal to the beneficiary’s interest is paid by the fund:
(i)
to a life insurance company or registered organisation for the purchase of an annuity in the name of the beneficiary; or
(ii)
into an RSA specified by the beneficiary;
the trustee of the fund is taken to have paid the amount to the beneficiary on request.
(1A)
For the purposes of paragraph (c) of the definition of approved purposes in section 10 and for the purposes of section 53, if:
(a)
a beneficiary has an interest in a fund; and
(b)
on the request of the beneficiary, an amount equal to the beneficiary’s interest is paid by the fund to:
(i)
an approved deposit fund; or
(ii)
a regulated superannuation fund;
the trustee of the first‑mentioned fund is taken to have paid the amount to the beneficiary on request.
(1B)
For the purposes of paragraph (c) of the definition of approved purposes in section 10, if a payment is not made immediately on request but is deferred for a period determined by the trustee concerned, the payment is taken to have been made on request.
(2)
A reference in subsection (1) or (1A) to a beneficiary includes a reference to the legal personal representative of a beneficiary.

15ADefinitions 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):
(a)
expand the meaning of those terms; and
(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:
(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
(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
(c)
a person who is paid to perform services in, or in connection with, the making of any film, tape or disc 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:
(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
(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.

15BModified meaning of member

(1)
The regulations may provide that a person is to be treated, or is not to be treated, as being a member of a superannuation fund for the purposes of this Act or specified provisions of this Act.
(2)
This Act applies with such modifications (if any) as are prescribed in relation to a person who is a member of a superannuation fund because of regulations made for the purposes of this section.

16Definitions associated with employer‑sponsorship

Employer‑sponsor
(1)
An employer‑sponsor of a regulated superannuation fund is an employer who:
(a)
contributes to the fund; or
(b)
would, apart from a temporary cessation of contributions, contribute to the fund;
for the benefit of:
(c)
a member of the fund who is an employee of:
(i)
the employer; or
(ii)
an associate of the employer; or

am. No. 53, 1995; No. 31, 2001 (as rep. by No. 117, 2001)

rep. No. 123, 2001

ad No 11, 2014

Division 2

s. 159.........................................

am. No. 53, 1995; No. 54, 1998

rep. No. 123, 2001

ad No 11, 2014

s. 160.........................................

am. No. 53, 1995

rep. No. 123, 2001

ad No 11, 2014

s. 161.........................................

am. No. 31, 2001

rep. No. 123, 2001

ad No 11, 2014

s. 162.........................................

rep. No. 123, 2001

ad No 11, 2014

s. 163.........................................

am. No. 160, 2000; No. 31, 2001

rep. No. 123, 2001

ad No 11, 2014

s. 164.........................................

am. No. 54, 1998

rep. No. 123, 2001

ad No 11, 2014

s. 165.........................................

rep. No. 123, 2001

ad No 11, 2014

Division 3

s. 166.........................................

am. No. 54, 1998

rep. No. 123, 2001

ad No 11, 2014

s. 167.........................................

rs. No. 31, 2001

rep. No. 123, 2001

ad No 11, 2014

s. 168.........................................

am. No. 38, 1999

rep. No. 123, 2001

ad No 11, 2014

s. 169.........................................

am. No. 38, 1999; No. 160, 2000

rep. No. 123, 2001

ad No 11, 2014

s. 170.........................................

am. No. 53, 1995

rep. No. 123, 2001

s. 171.........................................

am. No. 38, 1999

rep. No. 123, 2001

s. 172.........................................

rep. No. 123, 2001

ss. 173–183................................

rep. No. 123, 2001

s. 184.........................................

am. No. 160, 2000; No. 31, 2001

rep. No. 123, 2001

s 185..........................................

rep No 123, 2001

s 186..........................................

rep No 123, 2001

s. 187.........................................

am. No. 54, 1998

rep. No. 123, 2001

s 188..........................................

rep No 123, 2001

s 189..........................................

rep No 123, 2001

s. 190.........................................

am. No. 55, 2001

rep. No. 123, 2001

s. 191.........................................

rep. No. 123, 2001

Part 21

Division 1

s 193..........................................

am No 144, 1995; No 171, 2012; No 11, 2014; No 40, 2019; No 135, 2020

s 194..........................................

am No 64, 2020

Division 2

s 196..........................................

am No 40, 2019

s. 197.........................................

am. No. 54, 1998; No. 121, 1999

s. 200.........................................

am. No. 54, 1998; No. 121, 1999

s 201..........................................

am No 54, 1998; No 121, 1999; No 160, 2000; No 4, 2016

Division 3

s 201A.......................................

ad No 41, 2024

s 202..........................................

am No 31, 2001; No 4, 2016

Division 5

s 215..........................................

am No 53, 2004

s 216..........................................

am No 53, 2004

s 218..........................................

am No 53, 2004

Division 6

s 220A.......................................

ad No 46, 2021

Part 22

Part 22 heading...........................

am. No. 53, 1995

rs. No. 54, 1998

rep. No. 128, 1999

ad. No. 61, 2013

Part 22.......................................

rep. No. 128, 1999

ad. No. 61, 2013

Division 1

s. 223.........................................

rep. No. 128, 1999

ad. No. 61, 2013

s 223A.......................................

ad No 61, 2013

am No 40, 2019

s. 223B......................................

ad. No. 61, 2013

s. 223C......................................

ad. No. 61, 2013

s. 223D......................................

ad. No. 61, 2013

Division 2

s. 224.........................................

rep. No. 128, 1999

ad. No. 61, 2013

s. 224A......................................

ad. No. 61, 2013

s. 224B......................................

ad. No. 61, 2013

s. 224C......................................

ad. No. 61, 2013

s. 224D......................................

ad. No. 61, 2013

s. 224E.......................................

ad. No. 61, 2013

s. 225.........................................

am. No. 53, 1995; No. 76, 1996; No. 54, 1998

rep. No. 128, 1999

s. 226.........................................

am. No. 76, 1996; No. 54, 1998

rep. No. 128, 1999

Part 23

Division 1

s. 228.........................................

am. No. 121, 1999; No. 24, 2000; No. 53, 2004; No. 154, 2007

s. 229.........................................

am. No. 24, 2000; No. 53, 2004; No. 154, 2007; No. 12, 2012

s. 230.........................................

am. No. 53, 2004; No. 154, 2007

s. 230A......................................

ad. No. 24, 2000

am. No. 154, 2007

Division 2

s. 231.........................................

am. No. 24, 2000; No. 53, 2004; No. 154, 2007; No. 12, 2012

s. 232.........................................

am. No. 24, 2000; No. 53, 2004

s. 233.........................................

am. No. 53, 2004; No. 154, 2007

Division 3

Heading to Div. 3 of Part 23.........

rs. No. 154, 2007

s. 234.........................................

rs. No. 152, 1997; No. 8, 2005

rep. No. 154, 2007

s. 235.........................................

am. No. 152, 1997; No. 53, 2004; No. 8, 2005

rep. No. 154, 2007

s. 236.........................................

am. No. 152, 1997

rs. No. 8, 2005

rep. No. 154, 2007

s. 237.........................................

am. No. 152, 1997; No. 52, 2003

rs. No. 8, 2005

rep. No. 154, 2007

ss. 238–240................................

am. No. 53, 2004

Part 24

Part 24 heading...........................

am No 53, 1995

rs No 171, 2012

Division 1

Division 1 heading......................

ad No 171, 2012

s. 241.........................................

am. No. 53, 1995

rs. No. 171, 2012

s. 242.........................................

am. No. 53, 1995; No. 171, 2012

Division 2

Division 2..................................

ad No 171, 2012

Subdivision A

s 242A.......................................

ad No 171, 2012

am No 24, 2021

s. 242B......................................

ad. No. 171, 2012

s 242C.......................................

ad No 171, 2012

am No 76, 2023

s. 242D......................................

ad. No. 171, 2012

s. 242E.......................................

ad. No. 171, 2012

Subdivision B

s. 242F.......................................

ad. No. 171, 2012

s. 242G......................................

ad. No. 171, 2012

s. 242H......................................

ad. No. 171, 2012

Subdivision C

s. 242J.......................................

ad. No. 171, 2012

Subdivision D

s. 242K......................................

ad. No. 171, 2012

s. 242L.......................................

ad. No. 171, 2012

s. 242M......................................

ad. No. 171, 2012

s. 242N......................................

ad. No. 171, 2012

Subdivision E

s. 242P.......................................

ad. No. 171, 2012

s. 242Q......................................

ad. No. 171, 2012

s. 242R......................................

ad. No. 171, 2012

Division 3

Division 3 heading......................

ad No 171, 2012

s 243..........................................

rs No 53, 1995

am No 53, 2004; No 24, 2021

s 244..........................................

rs No 53, 1995

am No 53, 2004

s. 245.........................................

am. No. 53, 1995

rep. No. 76, 1996

ss. 246, 247................................

rs. No. 53, 1995

rep. No. 76, 1996

s. 248.........................................

am. No. 140, 1994

rs. No. 53, 1995

am. No. 76, 1996; No. 62, 1997; No. 53, 2004

Part 24A

Part 24A heading........................

ad No 53, 1995

s 249..........................................

rs No 53, 1995

s 250..........................................

rs No 53, 1995

s. 251.........................................

am. No. 140, 1994; No. 53, 1995

s. 252.........................................

am. No. 53, 1995; No. 76, 1996; No. 53, 2004; No. 12, 2012

Part 24B

Part 24B heading.........................

am No 47, 2021

Part 24B.....................................

ad. No. 121, 1999

Division 1

Division 1 heading......................

am No 47, 2021

s 252A.......................................

ad No 121, 1999

am No 53, 2004; No 4, 2016; No 47, 2021

s. 252B......................................

ad. No. 121, 1999

rep. No. 61, 2013

Div. 2 of Part 24B.......................

rep. No. 145, 2010

s. 252C......................................

ad. No. 121, 1999

am. No. 160, 2000; No. 37, 2002; No. 82, 2010 (as am. by No. 136, 2012)

rep. No. 145, 2010

Division 3

ss. 252D–252F............................

ad. No. 121, 1999

s. 252G......................................

ad. No. 121, 1999

am. No. 121, 2001; No. 53, 2004

s. 252H......................................

ad. No. 121, 1999

Part 25

Part 25 heading...........................

rs No 158, 2012

Division 1

Division 1 heading......................

rs No 38, 1999

s 253..........................................

am No 54, 1998; No 160, 2000; No 53, 2004; No 158, 2012; No 21, 2015; No 135, 2020; No 67, 2024

s 253A.......................................

ad No 38, 1999

am No 158, 2012

Division 2

Division 2 heading......................

rs No 158, 2012

s 254..........................................

am No 76, 1996; No 54, 1998; No 121, 1999; No 24, 2000; No 160, 2000; No 53, 2004; No 82, 2010 (as am by No 136, 2012); No 11, 2014; No 4, 2016; No 67, 2024

s 254A.......................................

ad No 67, 2024

s. 255.........................................

am. No. 54, 1998; No. 38, 1999; No. 158, 2012

s. 256.........................................

am. No. 158, 2012

s. 256A......................................

ad. No. 158, 2012

Division 3

Division 3 heading......................

rs No 54, 1998

s. 257.........................................

am. No. 54, 1998; No. 160, 2000; No. 53, 2004

s. 258.........................................

am. No. 54, 1998

s. 259.........................................

am. No. 54, 1998; No. 53, 2004

s 260..........................................

am No 54, 1998; No 160, 2000; No 82, 2010 (as am by No 136, 2012); No 4, 2016

s. 261.........................................

am. No. 54, 1998

s 262..........................................

rs No 160, 2000

am No 53, 2004; No 82, 2010 (as am by No 136, 2012); No 4, 2016

Division 3A

Division 3A................................

ad No 160, 2000

s. 262A......................................

ad. No. 160, 2000

am. No. 117, 2012

Division 4

Division 4 heading......................

rs No 54, 1998

s 263..........................................

am No 54, 1998; No 121, 2001; No 53, 2004; No 82, 2010; No 117, 2012; No 158, 2012; No 11, 2016; No 13, 2018

s. 264.........................................

am. No. 54, 1998; No. 38, 1999; No. 53, 2004; No. 25, 2008

s 265..........................................

am No 54, 1998; No 160, 2000; No 158, 2012; No 135, 2020

s. 266.........................................

am. No. 54, 1998

s. 267.........................................

am. No. 54, 1998

s. 268.........................................

am. No. 158, 2012

s. 269.........................................

am. No. 158, 2012

s. 270.........................................

rs. No. 144, 1995

am. No. 54, 1998; No. 158, 2012

s 271..........................................

am No 3, 2020

s 273..........................................

am No 54, 1998; No 3, 2020

s. 275.........................................

am. No. 53, 2004

Division 5

s. 276.........................................

am. No. 38, 1999

s. 277.........................................

am. No. 54, 1998

s 278..........................................

am No 54, 1998; No 31, 2001; No 4, 2016

s. 281.........................................

am. No. 54, 1998

s 282..........................................

am No 31, 2001 (as rep by No 117, 2001); No 4, 2016

s. 283.........................................

am. No. 54, 1998

Division 6

s 284..........................................

am No 54, 1998; No 121, 1999; No 125, 2002; No 53, 2004; No 158, 2012

Division 7

s 285..........................................

am No 54, 1998; No 38, 1999

rs No 31, 2001 (as rs by No 117, 2001)

am No 53, 2004; No 69, 2020

s. 286.........................................

am. No. 54, 1998; No. 38, 1999

s. 287.........................................

am. No. 38, 1999; No. 160, 2000; No. 158, 2012

s 288..........................................

am No 144, 1995; No 31, 2001 (as rep by No 117, 2001); No 8, 2007; No 4, 2016

s. 289.........................................

am. No. 54, 1998

Division 8

s. 290.........................................

am. No. 38, 1999

s. 294.........................................

am. No. 158, 2012

s. 295.........................................

am. No. 54, 1998

s. 298.........................................

am. No. 54, 1998

Division 9

s 298A.......................................

ad No 54, 1998

am No 135, 2020

Part 25A

Part 25A.....................................

ad. No. 76, 1996

Division 1

s. 299A......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 128, 1999

s. 299B......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 128, 1999; No. 53, 2004

s 299C.......................................

ad No 76, 1996

am No 71, 1997; No 128, 1999; No 160, 2000; No 53, 2004; No 9, 2007; No 82, 2010 (as am by No 136, 2012); No 4, 2016; No 55, 2016

s. 299CA....................................

ad. No. 158, 2012

Division 2

s. 299D......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 128, 1999; No. 53, 2004

s. 299E.......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 54, 1998; Nos. 121 and 128, 1999; No. 53, 2004

s 299F........................................

ad No 76, 1996

am No 71, 1997; No 54, 1998; No 121, 1999; No 160, 2000; No 53, 2004; No 82, 2010 (as am by No 136, 2012); No 4, 2016

s 299G.......................................

ad No 76, 1996

am Nos 71 and 122, 1997; No 54, 1998; No 121, 1999; and 128, 1999; No 160, 2000; No 53, 2004; No 82, 2010 (as am by No 136, 2012); No 4, 2016

s. 299H......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 128, 1999; No. 160, 2000; No. 53, 2004; No. 82, 2010 (as am. by No. 136, 2012); No. 41, 2011

s. 299J.......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 128, 1999; No. 160, 2000; No. 53, 2004; No. 82, 2010 (as am. by No. 136, 2012); No. 41, 2011

s. 299K......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 128, 1999; No. 160, 2000; No. 53, 2004; No. 82, 2010 (as am. by No. 136, 2012); No. 41, 2011

s. 299L.......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 128, 1999; No. 160, 2000; No. 53, 2004; No. 82, 2010 (as am. by No. 136, 2012); No. 41, 2011

s. 299LA....................................

ad. No. 41, 2011

am. No. 41, 2011; No 197, 2012

s. 299LB....................................

ad. No. 158, 2012

s 299M.......................................

ad No 76, 1996

am No 62, 1997; No 71, 1997; No 54, 1998; Nos 121 and 128, 1999; No 160, 2000; No 53, 2004; No 82, 2010 (as am by No 136, 2012); No 4, 2016

s 299N.......................................

ad No 76, 1996

am No 62 and 71, 1997; No 54, 1998; Nos 121 and 128, 1999; No 53, 2004; No 4, 2016

s. 299NA....................................

ad. No. 12, 2012

Division 3

s. 299P.......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 54, 1998; Nos. 121 and 128, 1999; No. 9, 2007

s. 299Q......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 128, 1999; No. 53, 2004

s. 299R......................................

ad. No. 76, 1996

am. Nos. 62 and 71, 1997; No. 128, 1999; No. 53, 2004

s. 299S.......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 54, 1998; No. 128, 1999

s. 299SA....................................

ad. No. 143, 2007

s. 299T.......................................

ad. No. 76, 1996

am. No. 71, 1997; No. 128, 1999

Division 3A

Division 3A heading....................

rs No 158, 2012

Division 3A................................

ad No 9, 2007

s. 299TA....................................

ad. No. 9, 2007

am No 158, 2012

s. 299TB....................................

ad. No. 9, 2007

am No 158, 2012

s. 299TC....................................

ad. No. 158, 2012

s. 299TD....................................

ad. No. 158, 2012

s. 299TE....................................

ad. No. 158, 2012

s. 299TF.....................................

ad. No. 158, 2012

Division 4

s 299U.......................................

ad No 76, 1996

am No 71, 1997; No 128, 1999; No 24, 2000; No 121, 2001; No 53, 2004; No 12, 2012; No 67, 2024

s. 299V......................................

ad. No. 76, 1996

am. No. 137, 2000

Division 5

s. 299W.....................................

ad. No. 76, 1996

am. Nos. 71 and 191, 1997; No. 128, 1999; No. 158, 2012; No 23, 2018

s. 299X......................................

ad. No. 76, 1996

s 299Y.......................................

ad No 76, 1996

am No 160, 2000; No 53, 2004; No 82, 2010 (as am by No 136, 2012); No 4, 2016

s. 299Z.......................................

ad. No. 71, 1997

am. Nos. 38 and 128, 1999

Part 26

s. 301.........................................

am. No. 117, 2012

s. 302.........................................

am. No. 76, 1996

rep. No. 137, 2000

s 303..........................................

am No 160, 2000; No 117, 2012; No 4, 2016

ss. 304, 305................................

rep. No. 137, 2000

s 306..........................................

rs No 31, 2001

am No 117, 2012; No 4, 2016

s 307..........................................

am No 54, 1998; No 117, 2012; No 4, 2016

ed C97

s 308..........................................

am No 54, 1998; No 117, 2012; No 4, 2016

Part 27

s. 310.........................................

am. No. 144, 1995; No. 8, 2007

s. 312.........................................

am. No. 54, 1998

s 313..........................................

am No 144, 1995; No 54, 1998; No 31, 2001 (as rep by No 117, 2001); No 121, 2001; No 53, 2004; No 4, 2016; No 68, 2023

s 314..........................................

am No 54, 1998; No 31, 2001 (as rep by No 117, 2001); No 123, 2001; No 4, 2016

s 315..........................................

am No 54, 1998; No 75, 2009; No 13, 2018; No 135, 2020

ed C113

s 317..........................................

am No 4, 2016

Part 28

s. 320.........................................

am. No. 54, 1998; No. 108, 2011; No 23, 2018

s 323..........................................

am No 123, 2001; No 61, 2013; No 40, 2019
s. 324A......................................	ad. No. 160, 2000
s 324B.......................................	ad No 41, 2024
Part 29
s. 326.........................................	am. No. 54, 1998; No. 123, 2001; No. 108, 2011
s. 327.........................................	am. No. 128, 1999; No. 123, 2001; No. 53, 2004; No. 154, 2007; No. 108, 2011; No. 12, 2012; No. 61, 2013; No 23, 2018
s. 328.........................................	am. No. 54, 1998
rs. No. 154, 2007
s. 329.........................................	am. No. 54, 1998
rep. No. 123, 2001
s. 330.........................................	am. No. 54, 1998
s. 331.........................................	am. No. 54, 1998; No. 160, 2000
s. 332.........................................	am. No. 54, 1998
rs. No. 154, 2007
s. 333.........................................	am. No. 54, 1998
rep. No. 123, 2001
s. 334.........................................	am. No. 54, 1998
s 335..........................................	am No 54, 1998
rs No 154, 2007
s 336..........................................	am No 54, 1998
rs No 154, 2007
Part 29A
Part 29A.....................................	ad No 154, 2007
am No 10, 2019
Division 1..................................	rep No 10, 2019
s 336A.......................................	ad No 154, 2007
rep No 10, 2019
s 336B.......................................	ad No 154, 2007
rep No 10, 2019
s 336C.......................................	ad No 154, 2007
rep No 10, 2019
s 336D.......................................	ad No 154, 2007
rep No 10, 2019
s 336E........................................	ad No 154, 2007
rep No 10, 2019
Division 2 heading......................	rep No 10, 2019
s 336F........................................	ad No 154, 2007
am No 135, 2020; No 29, 2023
Part 29B.....................................	ad. No. 75, 2012
rep No 2, 2015
s. 336J.......................................	ad. No. 75, 2012
rep No 2, 2015
s. 336JA.....................................	ad. No. 75, 2012
rep No 2, 2015
s. 336JB.....................................	ad. No. 75, 2012
am. No. 13, 2013
rep No 2, 2015
s. 336JC.....................................	ad. No. 75, 2012
rep No 2, 2015
s. 336JD.....................................	ad. No. 75, 2012
rep No 2, 2015
s. 336JE.....................................	ad. No. 75, 2012
rep No 2, 2015
s. 336JF.....................................	ad. No. 75, 2012
rep No 2, 2015
Part 30
s 337A.......................................	ad No 118, 1998
rs No 116, 2003
am No 13, 2018
s. 338.........................................	am. No. 31, 2001
s. 338A......................................	ad. No. 53, 2004
s. 340.........................................	rep. No. 54, 1998
s. 341.........................................	am. No. 117, 2012
s. 342.........................................	am. No. 169, 1995; No. 54, 1998; No. 53, 2004
s 344..........................................	am No 144, 1995; No 54, 1998; No 160, 2000; No 53, 2004; No 25, 2008; No 91, 2012; No 158, 2012; No 61, 2013; No 141, 2020; No 38, 2024; No 14, 2025
s 345..........................................	am No 54, 1998; No 141, 2020; No 38, 2024
s. 346.........................................	am. No. 140, 1994; Nos. 144 and 169, 1995; No. 107, 1997
rep. No. 54, 1998
s. 347.........................................	am. No. 54, 1998
s 347A.......................................	ad No 169, 1995
am No 54, 1998; No 121, 1999; No 160, 2000; No 121, 2001; No 53, 2004; No 82, 2010 (as am by No 136, 2012); No 11, 2014; No 4, 2016; No 69, 2023
s. 348.........................................	am. No. 169, 1995; No. 54, 1998; No. 121, 1999; No. 121, 2001
s. 348A......................................	ad. No. 171, 2012
s. 349.........................................	am. No. 38, 1999; No. 117, 2012
s. 349A......................................	ad. No. 144, 1995
am. No. 53, 2004; No. 117, 2012
s 349B.......................................	ad No 171, 2012
am No 171, 2012; No 40, 2019
s. 351.........................................	rep. No. 54, 1998
ad. No. 108, 2011
rep No 23, 2018
s. 352.........................................	rep. No. 54, 1998
s. 353.........................................	am. No. 53, 1995; No. 54, 1998; No. 41, 2011
Part 31.......................................	rep. No. 154, 2007
s. 354.........................................	rep. No. 154, 2007
s. 355.........................................	am. No. 15, 2007
rep. No. 154, 2007
s. 356.........................................	rep. No. 154, 2007
s. 357.........................................	am. No. 54, 1998; No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 154, 2007
s. 358.........................................	rep. No. 154, 2007
s. 359.........................................	am. No. 54, 1998; No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 154, 2007
s. 360.........................................	am. No. 54, 1998
rep. No. 154, 2007
s. 361.........................................	am. No. 54, 1998; No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 154, 2007
s. 362.........................................	am. No. 54, 1998
rep. No. 154, 2007
s. 363.........................................	am. No. 140, 1994; No. 54, 1998; No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 154, 2007
s. 364.........................................	am. No. 54, 1998; No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 154, 2007
s. 365.........................................	am. No. 54, 1998
rep. No. 154, 2007
s. 366.........................................	am. No. 31, 2001 (as rep. by No. 117, 2001)
rep. No. 154, 2007
s. 367.........................................	am. No. 54, 1998
rep. No. 154, 2007
s. 368.........................................	rep. No. 154, 2007
s. 369.........................................	am. No. 54, 1998
rep. No. 154, 2007
ss. 370–372................................	am. No. 54, 1998
rep. No. 154, 2007
s 373..........................................	rep No 154, 2007
s 374..........................................	rep No 154, 2007
s. 375.........................................	rs. No. 38, 1999
rep. No. 123, 2001
s. 376.........................................	am. No. 123, 2001
rep. No. 154, 2007
s. 377.........................................	am. No. 54, 1998; No. 160, 2000
rep. No. 154, 2007
ss. 378–380................................	rep. No. 154, 2007
Part 32
s. 381.........................................	am. No. 128, 1999
s 382..........................................	(1) exp 1 July 1994 (s 382(2))
rep No 49, 2019
s 383..........................................	am No 76, 1996; No 49, 2019
s 384..........................................	(1) exp 1 July 1994 (s 384(3))
(2) exp 1 July 1994 (s 384(3))
rep No 49, 2019
s 385..........................................	(1) exp 1 July 1994 (s 385(2))
rep No 49, 2019
Part 33.......................................	ad No 171, 2012
rep No 135, 2020
s 386..........................................	ad No 171, 2012
rep No 135, 2020
s 387..........................................	ad No 171, 2012
rep No 135, 2020
s 388..........................................	ad No 171, 2012
rep No 135, 2020
s 389..........................................	ad No 171, 2012
am No 61, 2013
rep No 135, 2020
s 390..........................................	ad No 171, 2012
am No 61, 2013
rep No 135, 2020
Part 34.......................................	ad No 171, 2012
rep No 135, 2020
s 391..........................................	ad No 171, 2012
rep No 135, 2020
s 392..........................................	ad No 171, 2012
rep No 135, 2020
s 393..........................................	ad No 171, 2012
rep No 135, 2020
s 394..........................................	ad No 171, 2012
rep No 135, 2020