Notice of Disqualification – Shane Blatch - 6 February 2026

Overview

The Superannuation Industry (Supervision) Act 1993 was enacted to address issues within the administration and oversight of superannuation funds in Australia. The Act was introduced by the Commonwealth Parliament with the primary objective of ensuring the proper management and regulation of superannuation entities to protect the interests of participants and their beneficiaries. The legislation aims to maintain the integrity and stability of the superannuation industry by imposing obligations on trustees, investment managers, custodians, and responsible officers of superannuation funds. The Act provides mechanisms for the disqualification of individuals found to have contravened its provisions in a manner that warrants such action, as seen in the case of Shane Blatch, who has been disqualified under the Act for serious contraventions. This legislative framework is essential for upholding the standards of conduct expected within the superannuation sector and for safeguarding the retirement savings of Australians.

Scope and Application

The Superannuation Industry (Supervision) Act 1993 (SISA) applies to individuals and entities involved in the administration and management of superannuation funds within Australia. The Act specifically targets trustees, investment managers, and custodians of superannuation entities, as well as responsible officers and body corporates that serve in these roles. Its jurisdiction extends across the Commonwealth, ensuring a national standard for the regulation and supervision of the superannuation industry. The Act also encompasses conduct and transactions that pertain to the management and operation of superannuation funds. Notably, the Act does not specify exclusions or exemptions but rather provides clear parameters for disqualifications based on contraventions of the Act. Disqualifications under the Act can be imposed by a delegate of the Commissioner of Taxation and are subject to revocation under certain conditions. Additionally, the Act allows for the publication of such disqualifications as Notifiable Instruments in the Federal Register of Legislation, ensuring transparency and public awareness of the regulatory actions taken under the Act.

Key Provisions

The Superannuation Industry (Supervision) Act 1993 (SISA) includes a provision under section 126A that allows for the disqualification of individuals who have contravened the Act. In this case, Shane Blatch has been disqualified by Ben Kelly, a delegate of the Commissioner of Taxation, under subsection 126A(1) due to the seriousness of the contraventions. This disqualification is effective immediately upon the notice being issued on 6 February 2026. Under subsection 126A(7), the details of this disqualification will be published in the Federal Register of Legislation as a Notifiable Instrument. The disqualification imposes significant obligations on Shane Blatch, prohibiting him from acting as a trustee, investment manager, or custodian of a superannuation entity, or being a responsible officer of a body corporate that performs such roles for a superannuation entity. These obligations are clearly outlined in section 126K, which stipulates that it is an offence for a disqualified person to engage in these activities while aware of their disqualification status. The consequences of breaching this provision are severe, with a potential penalty of up to two years imprisonment. Moreover, Shane Blatch has the right to apply for the revocation of this disqualification, either on his own initiative or through a written application as permitted under subsection 126A(5). Additionally, if Shane Blatch is dissatisfied with the decision, he can request the Commissioner to reconsider it within 21 days of receiving the notice. This request must be made in writing and should include the reasons why he believes the decision is incorrect, as required by section 344 of the SISA.