Notice of Confirmation of Disqualification – Brett Hartwig – 16 July 2025

Overview

The Superannuation Industry (Supervision) Act 1993 (SISA) was enacted to address the need for stringent oversight and regulation within the superannuation industry to protect the interests of superannuation fund members. The Act established the framework for the regulation and supervision of trustees, investment managers, and custodians of superannuation entities. The SISA was enacted by the Parliament of Australia with the policy objective of ensuring the proper management and security of superannuation funds, thereby safeguarding the retirement savings of Australians. This Act empowers the Commissioner of Taxation to disqualify individuals who have engaged in serious misconduct while acting as responsible officers of superannuation entities, as demonstrated in the case of Brett Hartwig. The confirmation of such disqualification is a critical tool in maintaining the integrity and reliability of the superannuation industry, ensuring that those entrusted with managing these funds adhere to the highest standards of conduct and compliance.

Scope and Application

The Superannuation Industry (Supervision) Act 1993 applies to trustees, investment managers, custodians, and responsible officers of superannuation entities across Australia, with its jurisdictional reach extending throughout the Commonwealth. This legislation is designed to ensure the proper management and regulation of superannuation funds to protect the interests of superannuation fund members. The Act imposes disqualification provisions on responsible officers who have been found to have contravened the Act, with the severity of the contraventions determining the applicability of such disqualifications. This particular notice confirms the disqualification of Brett Hartwig, who was a responsible officer at the time of the contraventions by the corporate trustee of one or more superannuation entities. The confirmation of disqualification takes immediate effect upon issuance. Notably, the Act also includes provisions for the publication of disqualification notices as Notifiable Instruments, as well as potential criminal penalties for disqualified persons who continue to act in prohibited capacities. Furthermore, the Act allows for review of disqualification decisions by the Administrative Review Tribunal.

Key Provisions

The primary operative sections of this legislation include subsection 344(4) and subsection 344(6) of the Superannuation Industry (Supervision) Act 1993 (SISA), which pertain to the disqualification of responsible officers of corporate trustees found to have contravened the SISA. Subsection 344(4) allows for the disqualification of such individuals, while subsection 344(6) mandates that a notice of confirmation of this disqualification must be given to the person in question. This notice, as evidenced in the document, must be issued by a delegate of the Commissioner of Taxation and clearly state the grounds for disqualification, as well as the effective date of the disqualification. Under the Act, the obligations and requirements imposed on the parties or entities it governs are stringent. Responsible officers of corporate trustees must ensure compliance with all provisions of the SISA. If a corporate trustee contravenes the SISA and the responsible officer was in office at the time of the contravention, this can lead to their disqualification. Furthermore, once disqualified, the officer must refrain from acting in any capacity that involves managing, investing, or administering superannuation entities. The legislation also outlines specific offences and penalties for breaches. Under section 126K of the SISA, it is an offence for a disqualified person to act, or attempt to act, as a trustee, investment manager, or custodian of a superannuation entity, or to be a responsible officer of a body corporate that holds any such position. The maximum penalty for this offence is a two-year imprisonment term. Additionally, the legislation mandates that details of the disqualification notice must be published as a Notifiable Instrument in the Federal Register of Legislation, as per subsection 126A(7) of the SISA. This ensures transparency and public awareness of the disqualification. In the event that an individual is dissatisfied with the disqualification decision, they have recourse to the Administrative Review Tribunal under subsection 344(8) of the SISA. This review must be sought within 28 days of receiving notification of the Commissioner's decision. This provision allows for a formal review process, providing a safeguard against potential injustices or errors in the disqualification decision.