Superannuation Industry (Supervision) Amendment Regulations 2009 (No. 3) (Cth)

Superannuation Industry (Supervision) Amendment Regulations 2009 (No. 3)¹

Select Legislative Instrument 2009 No. 71

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Industry (Supervision) Act 1993.

Dated 30 April 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

NICK SHERRY

Minister for Superannuation and Corporate Law

Name of Regulations

These Regulations are the Superannuation Industry (Supervision) Amendment Regulations 2009 (No. 3).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Superannuation Industry (Supervision) Regulations 1994

Schedule 1 amends the Superannuation Industry (Supervision) Regulations 1994.

Schedule 1 Amendment

(regulation 3)

[1] Subregulation 1.03 (1), definition of reviewable decision

substitute

reviewable decision means:

(a)a decision of APRA under paragraph 1.05 (2) (c) refusing to approve a sum payable as benefit; or

(b)a decision of the Regulator under paragraph 1.06 (2) (c) refusing to approve a sum payable as benefit; or

(c)a decision of the Regulator refusing to approve the use of a factor under subregulation 1.08 (2); or

(d)a decision of APRA under paragraph 4.08A (2) (e) refusing to approve an arrangement for management and control of a fund; or

(e)a decision of the Regulator under paragraph 4.12 (2) (b), 6.27B (b) or 7A.16 (8) (b) to not determine the form of consent; or

(f)a decision of APRA to refuse to suspend or vary an obligation of a trustee under subregulation 6.37 (6); or

(g)a decision of the Regulator under subparagraph 7A.03J (2) (a) (ii) refusing to allow a longer period for a rollover or transfer of a non-member spouse’s interest; or

(h)a decision of the Regulator under paragraph 7A.03K (2) (b) or 7A.13 (7) (b) refusing to allow a longer period to pay a lump sum; or

(i)a decision of the Regulator under subparagraph 7A.12 (4) (a) (ii) refusing to allow a longer period for rolling over or transferring transferable benefits; or

(j)a decision of the Regulator under paragraph 7A.16 (3) (b) refusing to allow a longer period to allocate, rollover or transfer non-member spouse entitlements; or

(k)a decision of the Regulator to give a direction to a trustee to obtain a new or a replacement funding and solvency certificate under subregulation 9.09 (1A); or

(l)a decision of the Regulator under subregulation 9.24 (2) refusing to approve an actuary’s recommendation for a defined benefit fund; or

(m)a decision of the Regulator under subregulation 9.44 (2) refusing to approve an actuary’s recommendation for an accumulation fund; or

(n)a decision of APRA refusing to approve a proposed element of an actuarial basis for calculation of value A under subregulation 12.05 (5) or (6); or

(o)a decision of APRA refusing to approve a proposed assumption or element of an actuarial basis for calculation of value B under subregulation 12.06 (5); or

(p)a decision of APRA under regulation 12.08 to specify a day on or before which an application is to be made; or

(q)a decision of APRA refusing to approve an application to transfer a PJFC under subregulation 12.12 (2) or 12.13 (2); or

(r)a decision of APRA under regulation 12.14 to revoke an approval of an application to transfer a PJFC; or

(s)a decision of the Regulator refusing to consent to an alteration of accrued benefits under subparagraph 13.16 (2) (a) (ii) or (d) (ii); or

(t)a decision of the Regulator to confirm or vary a reviewable decision under regulation 13.25.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See