Notice of Disqualification - Tejinder Singh - 27 January 2026

Overview

The Superannuation Industry (Supervision) Act 1993 (SISA) was enacted by the Australian Parliament to regulate the superannuation industry and ensure the protection of superannuation fund members. The Act aims to maintain high standards of conduct among trustees and responsible officers of superannuation entities by ensuring only fit and proper persons are allowed to manage these entities. The legislation was introduced to address the problem of inadequate oversight and potential mismanagement of superannuation funds, which could adversely affect the retirement savings of many Australians. This notice of disqualification for Tejinder Singh, issued under the authority of the SISA, demonstrates the Act's intent to uphold these standards by disqualifying individuals who have contravened the Act's provisions, thereby preventing them from acting in roles that would allow them to manage superannuation funds. The disqualification is a significant measure to ensure the integrity and proper functioning of the superannuation industry.

Scope and Application

The Superannuation Industry (Supervision) Act 1993 (SISA) applies to individuals and entities involved in the administration and management of superannuation funds in Australia. Specifically, the Act targets trustees, investment managers, custodians, and responsible officers of body corporates that manage superannuation entities. The geographic and jurisdictional reach of the SISA is national, as it is a Commonwealth Act. The Act extends its application through various provisions, including those that permit the delegate of the Commissioner of Taxation to disqualify individuals who contravene the SISA or who are deemed unfit to manage superannuation entities. This disqualification not only bars the individual from acting in their specified roles but also imposes criminal penalties for any subsequent breaches. Notably, the Act includes mechanisms for the revocation of disqualifications and provides avenues for reconsideration of decisions by affected parties. The disqualification of Tejinder Singh under this Act signifies a serious contravention of the legislation, leading to his immediate ineligibility to serve in any capacity within the superannuation industry.

Key Provisions

The Superannuation Industry (Supervision) Act 1993 (SISA) includes specific provisions that allow for the disqualification of individuals who are deemed unfit to hold certain roles within superannuation entities. Under subsection 126A(6) of the SISA, the Commissioner of Taxation or a delegate, such as Ben Kelly, can issue a notice of disqualification to an individual, as seen in the case of Tejinder Singh. The disqualification is triggered by subsections 126A(1) and 126A(3), which empower the Commissioner to disqualify individuals who have contravened the SISA and are deemed unfit to serve as a trustee or a responsible officer of a body corporate that acts as a trustee of a superannuation entity. The Act imposes several obligations on the parties it governs, particularly focusing on ensuring that trustees and responsible officers of superannuation entities are fit and proper individuals. This includes adherence to the provisions of the SISA, which are designed to protect the interests of superannuation fund members. In the case of Tejinder Singh, the disqualification notice indicates that the delegate, Ben Kelly, is satisfied that Singh has contravened the SISA and is thus unfit to continue in his role. This decision is based on the seriousness of the contraventions and the assessment that Singh is not a fit and proper person to manage or oversee superannuation entities. Breaching the disqualification order under the SISA can lead to significant legal consequences. As stated in subsection 126A(7), any disqualification notice is published as a notifiable instrument in the Federal Register of Legislation, making the details publicly available. Furthermore, under section 126K of the SISA, it is an offence for a disqualified person who is aware of their disqualification status to act as a trustee, investment manager, custodian, or responsible officer of a superannuation entity. The maximum penalty for this offence is two years in jail, highlighting the seriousness with which the Act treats such breaches. Additionally, there are provisions for the possible revocation of the disqualification under subsection 126A(5) of the SISA. The disqualification may be revoked either on the initiative of the Commissioner or upon a written application by the disqualified person. For individuals who are dissatisfied with the disqualification decision, section 344 of the SISA provides an avenue for reconsideration by the Commissioner. Any request for reconsideration must be made in writing within 21 days of receiving notice of the disqualification and must outline the reasons for believing the decision to be incorrect.