Notice of Disqualification - Amanda Jane Joy Ulliana - 7 January 2026

Overview

The Superannuation Industry (Supervision) Act 1993 (SISA) was enacted by the Parliament of Australia to address the need for robust oversight and regulation of the superannuation industry, ensuring the protection of superannuation funds and the interests of superannuation fund members. One of the mechanisms introduced by the Act to achieve this is the ability to disqualify individuals who are responsible officers of corporate trustees that have breached the provisions of the Act. This legislative measure aims to deter misconduct and maintain the integrity of the superannuation system. The Act empowers the Commissioner of Taxation, or a delegate such as Ben Kelly, to disqualify individuals under certain conditions, as seen in the disqualification of Amanda Jane Joy Ulliana on 7 January 2026, due to breaches by the corporate trustee of which she was a responsible officer. The disqualification is intended to prevent the disqualified person from acting in roles that involve the management of superannuation entities, thereby protecting the superannuation funds from potential mismanagement or misconduct.

Scope and Application

The Superannuation Industry (Supervision) Act 1993 (SISA) applies to any person or entity involved in the administration of superannuation entities, including trustees, investment managers, and custodians, as well as responsible officers of corporate trustees. The Act's jurisdiction spans the entire Commonwealth of Australia, ensuring a uniform approach to the regulation of the superannuation industry across all states and territories. Notably, the SISA seeks to maintain the integrity of the superannuation system by imposing strict standards of conduct on those involved in its administration. The Act also extends its application through subordinate instruments, which may provide further clarification or detail on specific aspects of the legislation. Importantly, the Act does not specify any exclusions or exemptions, meaning that all persons and entities within its scope are subject to its provisions unless otherwise provided by law. Additionally, the Act allows for the disqualification of individuals who have contravened its provisions, as evidenced in the notice to Amanda Jane Joy Ulliana, thereby reinforcing its commitment to upholding high standards of conduct within the superannuation industry.

Key Provisions

The Superannuation Industry (Supervision) Act 1993 (SISA) includes provisions for the disqualification of individuals who have acted in a way that justifies such a measure. Section 126A(2) empowers a delegate of the Commissioner of Taxation to disqualify a person who has been a responsible officer of a corporate trustee when the corporate trustee contravenes the Act. This particular notice, issued under subsection 126A(6), is directed at Amanda Jane Joy Ulliana, who has been disqualified because it is believed that she was a responsible officer at the time of the contraventions, and the seriousness of these breaches justifies her disqualification. The obligations imposed on Amanda under this disqualification are significant. As per section 126K of the SISA, it is an offence for a disqualified person to act as a trustee, investment manager, custodian of a superannuation entity, or a responsible officer of a body corporate that is a trustee, investment manager or custodian of a superannuation entity. This means that Amanda must refrain from engaging in any activities that would place her in any of these roles within the superannuation industry until her disqualification is lifted. The consequences of breaching this requirement are severe; the maximum penalty under this section is two years imprisonment, as stipulated in the notice. Additionally, subsection 126A(5) of the SISA provides that the disqualification may be revoked either on the initiative of the delegate or upon a written application by Amanda herself. This gives Amanda an opportunity to seek relief if she can demonstrate that the circumstances that led to the disqualification no longer apply or if she can show that the disqualification was unjust. Furthermore, section 344 of the SISA allows Amanda to request a reconsideration of the decision if she believes it to be incorrect. Any such request must be made in writing within 21 days of receiving notice of the decision and should include the reasons why she considers the decision to be wrong. This provision ensures that Amanda has a formal avenue to challenge the decision and seek a review of her disqualification.