Notice of Disqualification – Emma Louise Ingram - 16 June 2026

Overview

The Superannuation Industry (Supervision) Act 1993 (SISA) was enacted to regulate the superannuation industry in Australia, aiming to protect the interests of superannuation fund members by ensuring the proper management and administration of superannuation funds. This Act addresses the need for oversight and accountability within the superannuation sector, particularly in relation to the conduct of trustees, investment managers, custodians, and responsible officers. The SISA is administered by the Australian Parliament, with the objective of maintaining the integrity and stability of the superannuation system, thereby safeguarding the retirement savings of Australians. The Act includes provisions for disqualifying individuals who have engaged in serious misconduct, as demonstrated in the case of Emma Louise Ingram, who has been disqualified under subsection 126A(1) of the SISA for contravening the Act on multiple occasions.

Scope and Application

The Superannuation Industry (Supervision) Act 1993 applies to individuals and entities involved in the administration and management of superannuation funds within Australia. This includes trustees, investment managers, custodians, and responsible officers of superannuation entities. The Act imposes a regulatory framework to ensure that these individuals and entities manage superannuation funds with integrity and in the best interests of members. It extends its reach nationally, affecting those operating within the Commonwealth of Australia, and does not differentiate between states, territories, or specific industries beyond those involved in superannuation. Certain exclusions or exemptions from the Act’s provisions are not explicitly stated in the notice, but typically such legislation provides for exclusions in cases of compliance with specific conditions or thresholds. The Act may also extend or restrict its application through subordinate instruments, allowing for more detailed regulations and enforcement mechanisms. This notice of disqualification for Emma Louise Ingram exemplifies the Act’s enforcement powers, indicating that contraventions of the Act warrant serious consequences, including disqualification from managing superannuation funds and potential criminal penalties.

Key Provisions

The notice issued to Emma Louise Ingram by Ben Kelly, a delegate of the Commissioner of Taxation, under subsection 126A(6) of the Superannuation Industry (Supervision) Act 1993 (SISA), informs her that she has been disqualified from acting in certain capacities within the superannuation industry. The decision to disqualify is grounded in the belief that Emma has contravened the SISA on one or more occasions, with the seriousness of these contraventions justifying the disqualification. This disqualification is effective from the date of the notice, which is 16 June 2026. Under the Act, the disqualified person, in this case Emma, is prohibited from acting or being a trustee, investment manager, or custodian of a superannuation entity, or serving as a responsible officer or being part of a body corporate that fills these roles. This restriction is explicitly stated in section 126K of the SISA, and any violation of this prohibition constitutes an offence. The potential criminal consequence for such an offence is a maximum penalty of two years imprisonment. Additionally, under subsection 126A(7) of the SISA, the details of this disqualification will be published as a Notifiable Instrument in the Federal Register of Legislation. If Emma wishes to contest the disqualification, she has the right to request the Commissioner to reconsider the decision, as stipulated in section 344 of the SISA. This reconsideration request must be submitted in writing within 21 days of receiving the notice of the disqualification decision and should detail the reasons why the decision is believed to be incorrect. Furthermore, under subsection 126A(5) of the SISA, the disqualification can be revoked either on the initiative of the Commissioner or upon Emma's written application.