Occupational Superannuation Standards Regulations (Amendment)

Administered by Department of the Treasury

Legislation au F1996B01638 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES NO. 149 1990

ISSUED BY AUTHORITY OF THE TREASURER

OCCUPATIONAL SUPERANNUATION STANDARDS ACT 1987

OCCUPATIONAL SUPERANNUATION STANDARDS REGULATIONS (AMENDMENT)

LEGISLATIVE BASIS FOR THE REGULATIONS

The Occupational Superannuation Standards Act 1987 (the Act) provides operating standards and other relevant conditions with which superannuation funds, approved deposit funds and pooled superannuation trusts are required to comply in order to be eligible for taxation concessions under the Income Tax Assessment Act 193 6.

Section 22 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

PURPOSE OF THE REGULATIONS

The main purpose of the regulations is:

(i) to extend the deadline of 30 June 1990 contained in Regulations 18 and 23 of the Occupational Superannuation Standards Regulations (the Regulations), by which the trustees of superannuation funds and approved deposit funds must include (or include a provision which deems to include) the applicable operating standards in their trust deeds; and

(ii) to prescribe a time frame within which changes to existing standards, or standards that may be introduced in the future, must be included in the trust deeds or be deemed to be included in the trust deeds.

At the same time, the opportunity is being taken to replace the words ‘trust deed’ in the Regulations with the words ‘governing rules’, consistent with changes made to the Act in 1989.

The decision to extend the deadline follows representations from the superannuation industry to the effect that many fund trustees had delayed amending their deeds because of the costs involved and because of the likely need for further amendments as a result of announced changes to the standards. The decision takes into account consultations between the Insurance and Superannuation Commission (ISC) and the Law Council of Australia on the matter.


The regulations allow fund trustees until 15 December 1990, or the day they submit their annual return to the ISC for the year ending on 30 June 1990, whichever is the earlier, to include (or include a provision which deems to include) the relevant operating standards which were in effect on 1 January 1990 in the fund governing rules.

In addition, where amendments are made to standards which were in effect on 1 January 1990, or where new standards are introduced, trustees will have a period of not less than 18 months to include the amendments or new standards in the governing rules.

The amendment to substitute the words ‘governing rules’ for the words ‘trust deed’ is related to other amendments to the Act and Regulations to extend the operating standards to public sector funds. While private sector funds are constituted under trust deed arrangements, it is necessary for the regulations to now have regard to the fact that public sector funds may be constituted under a wider range of arrangements, eg specific legislative arrangements.

Details of the regulations are as follows:

The regulations repeal existing regulations 18 and 23, which deal with matters to be included in the trust deeds of superannuation funds and approved deposit funds respectively, and substitute new Regulations 18 and 23 in their place.

Subregulation (1) of the new regulations 18 and 23 provides that, for the purposes of subsections 7(1) and 8(1) of the Act, the standards in subregulations (2), (3) and (4) are prescribed.

Subregulation (2) of the new regulations 18 and 23 provides that the governing rules of a fund must include (or include a provision which deems to include) the applicable operating standards in effect on 1 January 1990 by 15 December 1990, or the day the trustees of that fund submit a return in respect of the year of income ending on 30 June 1990 to the ISC, whichever is the earlier.

Subregulation (3) of the new regulations 18 and 2 3 provides that where the governing rules of a fund which was established on or before 30 June 1990 do not include the applicable operating standards in effect on 1 January 1990, the trustees must have made arrangements in writing before 30 June 1990 for the standards to be included (or for a provision which deems them to be included) in those governing rules. In addition, if required by the Insurance and Superannuation Commissioner, trustees must provide documentary evidence which satisfies the Commissioner that they have made such arrangements.


Subregulation (4) of the new Regulations 18 and 23 provides that where amendments are made to applicable operating standards after 1 January 1990, or where new standards are introduced, the governing rules of a fund must include (or include a provision which deems to include) those amendments or new standards within a period of not less than 18 months after the end of the year in which the amendments or standards commenced, or were notified in the Gazette, whichever is the later.

DATE OF OPERATION

The regulations are effective from the date of Gazettal.

Overview

The Occupational Superannuation Standards Regulations (Amendment) 1990 were issued under the authority of the Treasurer, pursuant to the Occupational Superannuation Standards Act 1987. The primary objective of these regulations is to provide additional time for superannuation fund trustees to incorporate applicable operating standards into their governing rules and to establish a timeline for incorporating future changes or new standards into these rules. Initially, trustees were required to include the operating standards in effect as of 1 January 1990 in their trust deeds by 30 June 1990. However, due to industry representations highlighting the financial burden and potential need for further amendments, the deadline was extended. Trustees now have until 15 December 1990, or the date they submit their annual return for the year ending 30 June 1990, whichever is earlier, to incorporate the relevant standards. Additionally, the regulations stipulate that any changes to existing standards or the introduction of new standards must be incorporated within 18 months from the date of the amendment or notification. The regulations also update terminology from "trust deed" to "governing rules" to reflect legislative changes applicable to public sector funds.

Scope and Application

The Occupational Superannuation Standards Regulations (Amendment) Statutory Rules No. 149 of 1990, made under the Occupational Superannuation Standards Act 1987, primarily concern superannuation funds, approved deposit funds, and pooled superannuation trusts. These entities are required to adhere to certain operating standards to remain eligible for taxation concessions under the Income Tax Assessment Act 1936. The regulations apply to both private and public sector funds, necessitating adjustments in terminology from "trust deed" to "governing rules" to accommodate the varying constitutional arrangements of public sector funds. The regulations extend the deadline for fund trustees to incorporate applicable operating standards into their governing rules, allowing until 15 December 1990 or the date of submission of their annual return for the year ending on 30 June 1990, whichever is earlier. Additionally, trustees must incorporate any amendments to existing standards or new standards within a minimum of 18 months from the end of the year in which the amendments or standards were introduced. The regulations are designed to alleviate the financial burden on trustees for making necessary amendments and to account for potential future changes in standards.

Key Provisions

The Occupational Superannuation Standards Regulations (Amendment) 1990, made under the Occupational Superannuation Standards Act 1987, primarily revise the timelines and terminology regarding the incorporation of operating standards into the governing rules of superannuation funds and approved deposit funds. Regulation 18 and 23, which previously mandated the inclusion of applicable operating standards by 30 June 1990, are now amended to extend this deadline to 15 December 1990 or the date of submission of the annual return to the Insurance and Superannuation Commission (ISC) for the year ending on 30 June 1990, whichever is earlier (subregs 18(2), 23(2)). This change aims to accommodate the practical difficulties faced by trustees in amending their governing rules within the original timeframe, as well as to allow for anticipated further changes to the standards. The regulations impose specific obligations on the trustees of superannuation funds and approved deposit funds. Trustees must ensure that the applicable operating standards in effect on 1 January 1990 are incorporated into the governing rules of their funds by the extended deadline of 15 December 1990 or the date of their annual return submission to the ISC, whichever is earlier (subregs 18(2), 23(2)). In cases where the trustees did not include these standards in their governing rules before 30 June 1990, they must have made written arrangements for their inclusion by that date and provide documentary evidence of these arrangements if requested by the Insurance and Superannuation Commissioner (subregs 18(3), 23(3)). Furthermore, any amendments to the applicable operating standards or the introduction of new standards after 1 January 1990 must be incorporated into the governing rules within 18 months of the end of the year in which the amendments or new standards were notified in the Gazette (subregs 18(4), 23(4)). Failure to comply with these regulations could result in the superannuation fund or approved deposit fund losing its eligibility for the taxation concessions provided under the Income Tax Assessment Act 1936. While the specific civil or criminal penalties for non-compliance are not detailed within the explanatory statement, the consequences of losing tax concessions can be significant, impacting the fund's financial viability and its members' benefits. The regulations underscore the importance of adhering to the prescribed timelines and standards to maintain the integrity and tax-exempt status of superannuation funds and approved deposit funds.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.