ASIC Class Order [CO 13/1275]

Administered by Department of the Treasury

Legislation au F2013L01796 Not in force Legislative Instrument

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ASIC CLASS ORDER [CO 13/1275]

 

EXPLANATORY STATEMENT

 

 

Prepared by the Australian Securities and Investments Commission

 

Superannuation Industry (Supervision) Act 1993

 

The Australian Securities and Investments Commission (ASIC) makes Class Order [CO 13/1275] under paragraph 328(1)(a) of the Superannuation Industry (Supervision) Act 1993 (the Act).

 

Paragraph 328(1)(a) provides that ASIC may, in writing, exempt a particular person or a class of persons, from compliance with any or all of the modifiable provisions, which includes a provision of Part 2B of the Act.

 

  1. Background

 

On 29 May 2009, the Government commissioned the Super System Review (the Review), chaired by Jeremy Cooper, to make recommendations to improve the superannuation system.  The Review’s final report was provided to the Government on 30 June 2010. 

 

The Government’s response to the Review was a package of reform recommendations entitled Stronger Super.  These reforms included strengthening the governance, integrity and regulatory settings of the superannuation system, including enhancements to the disclosure and reporting requirements for superannuation (systemic transparency measures).

 

Some of the key disclosure requirements of the MySuper reforms, as set out in regulations 2.37 and 2.38 of the Superannuation Industry (Supervision) Regulations 1993 (Regulations) and section 29QB of the Act, had an original commencement date of 1 July 2013. Under these requirements, an RSE licensee of a registrable superannuation entity will be required to make publicly available and to keep up to date, at all times on the registrable superannuation entity's website:

 

a)      details of remuneration of executive officers and individual trustees (regulation 2.37); and

b)     various items of information relating to the relevant superannuation fund, such as trust deeds and summaries of significant event notices given to members of the fund (regulation 2.38).

 

Due to the inherent complexity of this area of the Stronger Super reforms and the need for the Government to consider industry feedback on a wide range of issues, the final form of regulations 2.37 and 2.38 was only resolved a short time before the intended commencement date of 1 July 2013. In the circumstances, RSE licensees of a registrable superannuation entity had a limited opportunity to understand and prepare for the requirements before the provisions took effect.  On this basis, by ASIC Class Order [CO 13/830], ASIC extended the timeframe for compliance to 31 October 2013.  However, it has since become clear that the superannuation industry needs further time to consider these reforms.

 

2.      Purpose of the class order

 

The purpose of the class order is to provide RSE licensees of a registrable superannuation entity with additional time to make the necessary arrangements to comply with subsection 29QB(1) of the Act and regulations 2.37 and 2.38 of the Regulations.

 

3.      Operation of the class order

 

The class order extends the relief given under ASIC Class Order [CO 13/830] to RSE licensees of a registrable superannuation entity to 1 July 2014.

 

4.      Consultation

 

ASIC has consulted with the Department of Treasury.  The Treasury and ASIC were both provided with feedback from industry in relation to the obligation under subsection 29QB(1) of the Act and regulations 2.37 and 2.38 of the Regulations, which has been taken into account when developing this class order.

 

 

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

ASIC Class Order [CO 13/1275]

 

This class order is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the class order

 

The class order relates to regulations 2.37 and 2.38 of the Superannuation Industry (Supervision) Regulations 1994, which were made under section 29QB of the Superannuation Industry (Supervision) Act 1993. Regulations 2.37 and 2.38 have a commencement date of 1 July 2013.  These provisions require an RSE licensee of a registrable superannuation entity to make publicly available and to keep up to date, at all times on the registrable superannuation entity's website:

a)      details of remuneration of executive officers and individual trustees (regulation 2.37); and

b)     various items of information relating to the relevant superannuation fund, such as trust deeds and summaries of significant event notices given to members of the fund (regulation 2.38).

 

These changes are part of the Government's Stronger Super reforms.  However, given the detail in these regulations was only resolved a short time before the intended commencement date of 1 July 2013, ASIC made ASIC Class Order [CO 13/830] to defer the commencement date from 1 July 2013 to 31 October 2013. 

 

ASIC Class Order [CO 13/1275] extends this relief until 1 July 2014.

 

Human rights implications

 

This class order does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This class order is compatible with human rights as it does not raise any human rights issues.

Overview

The Australian Securities and Investments Commission (ASIC) has introduced ASIC Class Order [CO 13/1275] under the Superannuation Industry (Supervision) Act 1993. This class order was enacted to address the complexities and the short notice given to the superannuation industry regarding the implementation of the disclosure and reporting requirements set forth in the MySuper reforms. Initially, the provisions mandated by regulations 2.37 and 2.38 of the Superannuation Industry (Supervision) Regulations 1993 were to commence on 1 July 2013, requiring RSE licensees of registrable superannuation entities to publicly disclose details such as executive officer and trustee remuneration, as well as various fund-related information on their websites. Due to the complexity of these reforms and the need for industry feedback, ASIC initially extended the compliance date to 31 October 2013 via ASIC Class Order [CO 13/830]. However, recognising the ongoing need for further preparation time, ASIC Class Order [CO 13/1275] has further extended the compliance date to 1 July 2014. This extension aims to provide RSE licensees with adequate time to comply with the new disclosure requirements, which are integral to the Government's Stronger Super reforms aimed at enhancing the governance and integrity of the superannuation system.

Scope and Application

The ASIC Class Order [CO 13/1275] applies to Responsible Superannuation Entity (RSE) licensees of registrable superannuation entities, providing them with additional time to comply with specific disclosure requirements under the Superannuation Industry (Supervision) Act 1993 and its associated regulations. Initially, these requirements mandated the public availability of details regarding the remuneration of executive officers and individual trustees, as well as various items of information relating to the relevant superannuation fund, to be updated and accessible on the entity's website from 1 July 2013. Due to the complexity and the short preparation time, ASIC Class Order [CO 13/830] extended the compliance deadline to 31 October 2013. However, recognising ongoing industry challenges, ASIC Class Order [CO 13/1275] further extends this relief to 1 July 2014. These provisions are part of the broader Stronger Super reforms aimed at enhancing governance, integrity, and transparency within the superannuation industry. The class order operates nationally, covering all RSE licensees across Australia, and does not specify any exclusions or exemptions. It is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the international instruments recognised by the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The ASIC Class Order [CO 13/1275] under the Superannuation Industry (Supervision) Act 1993 (the Act) primarily extends the compliance timeframe for certain disclosure requirements for RSE licensees of registrable superannuation entities. Regulation 2.37, referred to in section 29QB of the Act, mandates that RSE licensees publicly disclose details of remuneration for executive officers and individual trustees on the entity’s website. Regulation 2.38, also under section 29QB, requires the publication of various items of information relating to the superannuation fund, such as trust deeds and summaries of significant event notices given to members of the fund. Originally, these regulations were set to commence on 1 July 2013, but due to the complexity and the need for industry feedback, ASIC Class Order [CO 13/830] had already extended the compliance date to 31 October 2013. The current class order [CO 13/1275] further extends this deadline to 1 July 2014. The class order imposes on RSE licensees the obligation to ensure that the specified details are made publicly available and kept up to date on their entity's website by the extended deadline of 1 July 2014. This includes ensuring the accuracy and timeliness of the disclosed information, thereby enhancing transparency and accountability within the superannuation industry. These obligations are critical to achieving the objectives of the Stronger Super reforms, which aim to strengthen the governance, integrity, and regulatory settings of the superannuation system. There are no specific offences or penalties outlined in the explanatory statement for non-compliance with this class order. However, the failure to comply with the Act's provisions or the associated regulations may lead to enforcement actions by ASIC, which could include fines, legal proceedings, or other regulatory sanctions. The penalties for breaches of the Act or the associated regulations can be substantial, reflecting the importance of compliance with these requirements. While the specific maximum penalties are not detailed in the explanatory statement, they typically align with the general enforcement powers granted under the Act.

Legal classification tags

Area of Law
Corporate Law & Governance
Regulatory Standards
Instrument
Regulation
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Consultation Requirements
Catchwords
Stronger Super reforms

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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.