Notice of Disqualification – Filisita Mariota - 26 May 2026

Overview

The Superannuation Industry (Supervision) Act 1993 (SISA) was enacted by the Australian Parliament to address the need for robust oversight and regulation of the superannuation industry. This legislation aims to ensure that superannuation funds are managed in the best interests of the members and beneficiaries by imposing stringent requirements on trustees, investment managers, and custodians. The SISA was introduced to fill a critical gap in the financial services sector by providing a comprehensive legal framework to govern the operations of superannuation entities, thereby protecting the financial interests of superannuation fund members. Under the SISA, the Commissioner of Taxation, or a delegate, has the authority to disqualify individuals from acting in certain roles within the superannuation industry if they are deemed unsuitable, as exemplified by the disqualification notice issued to Filisita Mariota. The policy objective of the SISA is to enhance the integrity, efficiency, and transparency of the superannuation industry, ensuring that it remains a reliable source of retirement income for Australians.

Scope and Application

The Superannuation Industry (Supervision) Act 1993 (SISA) applies to individuals and entities involved in the administration and management of superannuation entities, including trustees, investment managers, custodians, and responsible officers. The Act operates within the Commonwealth jurisdiction, affecting conduct and transactions related to superannuation across Australia. It specifically excludes certain entities from its scope, such as those that are exempt under the Act or meet specified thresholds. The application of the Act can be extended or restricted through subordinate instruments, which provide detailed regulations and guidelines. Notably, the Act prohibits disqualified individuals from acting in specified capacities within superannuation entities, with significant penalties for non-compliance. The notice of disqualification, as seen in the case of Filisita Mariota, is subject to publication and legal consequences, including potential imprisonment for continued involvement in restricted roles.

Key Provisions

The main operative sections of the Superannuation Industry (Supervision) Act 1993 (SISA) relevant to this notice of disqualification include subsection 126A(1) and subsection 126A(6) (1). Under these provisions, a delegate of the Commissioner of Taxation has the authority to disqualify an individual from being a trustee, investment manager, or custodian of a superannuation entity, or from being a responsible officer or body corporate that is involved in these roles. The notice of disqualification issued to Filisita Mariota is a direct application of these sections, effectuated by Ben Kelly, a delegate of the Commissioner of Taxation. This disqualification takes immediate effect upon its issuance, as per subsection 126A(6). The SISA imposes several obligations and requirements on individuals and entities it governs. Notably, it requires trustees, investment managers, custodians, and responsible officers of superannuation entities to comply with various duties and standards to ensure the proper management and protection of superannuation funds. A disqualified person, such as Filisita Mariota, is prohibited from engaging in any capacity that involves the management or oversight of these funds. This prohibition is intended to safeguard the interests of superannuation fund members and ensure the integrity of the superannuation industry. Failure to comply with the disqualification provisions can lead to significant legal consequences. Under section 126K of the SISA, it is an offence for a disqualified person to act as a trustee, investment manager, custodian, or responsible officer of a superannuation entity, knowing they are disqualified (2). The maximum penalty for this offence is two years imprisonment, underscoring the seriousness of breaching these provisions. Furthermore, the disqualification can be revoked under subsection 126A(5) of the SISA, either by the Commissioner on their own initiative or upon a written application by the disqualified person. Additionally, the SISA provides a mechanism for reviewing the disqualification decision. Under section 344, if Filisita Mariota is affected by the decision and is not satisfied with it, they can request the Commissioner to reconsider the decision (3). This reconsideration request must be made in writing within 21 days of receiving the notice and should include the reasons why the decision is believed to be incorrect. This provision ensures that there is a formal process in place for addressing grievances related to disqualification decisions.