Superannuation Industry (Supervision) Consequential Amendments Act 1993

Administered by Department of the Treasury

Legislation au C2004A04637 In force Act

Legislation content

 

Superannuation Industry

 (Supervision) Consequential Amendments

 Act 1993

No. 82 of 1993

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

1. Short title

2. Commencement

PART 2—AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY
(SELF-GOVERNMENT) ACT 1988

3. Principal Act

4. Disqualification of member

PART 3—AMENDMENT OF THE BANKRUPTCY ACT 1966

5. Principal Act

6. Interpretation

7. Property divisible among creditors

8. Meaning of income

9. Vesting of property on making of order

10. Insertion of new section:

302A. Certain provisions in governing rules of superannuation funds and approved deposit funds to be void

11. Application of amendments

PART 4—AMENDMENT OF THE CORPORATIONS LAW

12. Corporations Law

13. Interpretation

PART 5—AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936

14. Principal Act

15. Interpretation

16. Officers to observe secrecy

TABLE OF PROVISIONS—continued

Section

17. Assessable income to include value of benefits received from or in connection with funds that have obtained tax benefits under Part IX or former section 23FC

18. Interpretation

19. Insertion of new section:

27CC. Exemption from tax—payment of unclaimed money to Insurance and Superannuation Commissioner by superannuation fund or approved deposit fund

20. Interpretation

21. Interpretation

22. Interpretation

23. Interpretation

24. Interpretation

25. Interpretation

26. Rebate for personal superannuation contributions

27. Objects of this Part

28. Interpretation

29. Interpretation

30. Issue, revocation etc. of SIS notices

31. Pre-1 July 88 funding credit balance

32. Assessment as if entity were a complying superannuation fund, complying ADF or PST

33. Assessment on basis of anticipated pre-1 July 88 funding credit balance

34. Insertion of new Division:

Division 11—Tax treatment of matters relating to superannuation (financial assistance funding) levies

315A. Definition

315B. Deduction for financial assistance funding levy

315C. Financial assistance exempt from income tax

315D. Repayment of financial assistance not an allowable deduction

315E. Amendment of assessments—remission or refund of financial assistance funding levy

315F. This Division to be primary code for tax treatment of matters relating to financial assistance funding levy

35. Application of amendments

PART 6—AMENDMENT OF THE INSURANCE AND SUPERANNUATION COMMISSIONER ACT 1987

36. Principal Act

37. Interpretation

PART 7—AMENDMENT OF THE MILITARY SUPERANNUATION AND BENEFITS ACT 1991

38. Principal Act

39. Amendment of Trust Deed

40. Application of amendment

PART 8—AMENDMENT OF THE SUPERANNUATION ACT 1976

41. Principal Act

42. Interpretation

43. Fund to be managed by Board

44. Repeal of section 80A

45. Interpretation

46. Payment of transfer values to Commissioner

47. Regulations relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws

TABLE OF PROVISIONS—continued

Section

48. Application of amendments

PART 9— AMENDMENT OF THE SUPERANNUATION ACT 1990

49. Principal Act

50. Amendment of Trust Deed

51. Application of amendment

PART 10—AMENDMENT OF THE SUPERANNUATION BENEFITS (SUPERVISORY MECHANISMS) ACT 1990

52. Principal Act

53. Provision of superannuation in accordance with Ministerial guidelines

PART 11—AMENDMENT OF THE SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992

54. Principal Act

55. Interpretation: general

56. Certain benefit certificates presumed to be certificates in relation to complying superannuation scheme

57. Certain contributions presumed to be contributions to…

Overview

The Superannuation Industry (Supervision) Consequential Amendments Act 1993 was enacted by the Parliament of Australia to amend various statutes in consequence of the enactment of the Superannuation Industry (Supervision) Act 1993. The principal objective of this Act was to harmonise and update the legal framework surrounding superannuation funds and related financial activities in Australia, ensuring consistency and compliance with the new regulatory environment established by the Superannuation Industry (Supervision) Act 1993. This Act makes amendments to numerous pieces of legislation, including the Australian Capital Territory (Self-Government) Act 1988, the Bankruptcy Act 1966, the Corporations Law, the Income Tax Assessment Act 1936, and others, reflecting changes in definitions, operational standards, and regulatory oversight necessary to align with the new superannuation laws.

Scope and Application

The Superannuation Industry (Supervision) Consequential Amendments Act 1993 applies to a range of acts and amendments across various legislative instruments within the Australian legal system. This Act is designed to ensure consistency and coherence in the legislative framework following the enactment of the Superannuation Industry (Supervision) Act 1993. The amendments affect various acts including the Australian Capital Territory (Self-Government) Act 1988, the Bankruptcy Act 1966, the Corporations Law, the Income Tax Assessment Act 1936, the Insurance and Superannuation Commissioner Act 1987, the Military Superannuation and Benefits Act 1991, the Superannuation Act 1976, the Superannuation Act 1990, the Superannuation Benefits (Supervisory Mechanisms) Act 1990, the Superannuation Guarantee (Administration) Act 1992, the Superannuation (Productivity Benefit) Act 1988, the Taxation Administration Act 1953, and the Taxation Laws Amendment (Superannuation) Act 1992. These amendments cover a broad spectrum of areas including definitions, disqualifications, property division among creditors, the interpretation of terms, and specific sections related to superannuation funds and their administration. The scope of the Act extends to entities and individuals involved in superannuation funds, trustees, and government bodies overseeing the administration of superannuation laws. The Act also modifies the interpretation of various terms to align with the Superannuation Industry (Supervision) Act 1993, ensuring that all related legislation reflects the current standards and regulatory environment for superannuation in Australia.

Key Provisions

  • The Superannuation Industry (Supervision) Consequential Amendments Act 1993 (the "Act") makes various amendments to a number of other Acts in response to the enactment of the Superannuation Industry (Supervision) Act 1993 (the "SIS Act"). The Act primarily operates to update references to the repealed Occupational Superannuation Standards Act 1987 to instead reference the SIS Act, and makes a number of consequential amendments to align other Acts with the SIS Act.
  • The Act imposes a number of obligations on the parties and entities it governs. For example, under section 4 of the Act, the Australian Capital Territory (Self-Government) Act 1988 is amended to align the definition of "dependant" with that in the SIS Act. Under section 5 of the Act, the Bankruptcy Act 1966 is amended to exclude certain superannuation fund interests from being divisible among creditors. Under section 12 of the Act, the Corporations Law is amended to update references to the Occupational Superannuation Standards Act 1987 to instead reference the SIS Act.
  • The Act also sets out a number of offences, penalties and consequences for breach. For example, under section 10 of the Act, certain provisions in the governing rules of superannuation funds and approved deposit funds that have the effect of cancelling, forfeiting, reducing or qualifying a member's or depositor's beneficial interest are void. Under section 302A of the Act, a contravention of this provision is an offence, with a maximum penalty of 50 penalty units. Under section 315F of the Act, a contravention of the tax treatment provisions relating to financial assistance funding levies is an offence, with a maximum penalty of 10,000 penalty units.

Legal classification tags

Area of Law
Superannuation Law
Taxation Law
Administrative Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Regulatory Standards
Compliance Obligations
Reporting & Disclosure Obligations
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Superannuation Industry (Supervision) Consequential Amendmen... and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.