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Act No. 144 of 1995 as made
An Act relating to superannuation, and for related purposes
Administered by: Treasury
Date of Assent 12 Dec 1995
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995

Making Information
- Assented to 12 December 1995

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - TABLE OF PROVISIONS

CONTENTS
Section
1. Short title
2. Commencement
3. Termination of Modification Declaration No. 1
4. Termination of Temporary Modification Declarations
5. Schedules
SCHEDULE 1
AMENDMENT OF THE INSURANCE ACT 1973
SCHEDULE 2
AMENDMENT OF THE LIFE INSURANCE ACT 1995
SCHEDULE 3
AMENDMENT OF THE SUPERANNUATION ENTITIES (TAXATION) ACT 1987
SCHEDULE 4
AMENDMENTS OF THE SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993
SCHEDULE 5
AMENDMENTS OF THE SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT 1993

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - LONG TITLE

An Act relating to superannuation, and for related purposes

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - SECT 1
Short title

1. This Act may be cited as the Superannuation Industry (Supervision) Legislation Amendment Act 1995.

(Minister's second reading speech made in-
House of Representatives on 21 November 1995
Senate on 27 November 1995)

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - SECT 2
Commencement

2.(1) Sections 1, 2 and 3, subsection 4(1), section 5, Schedules 1 and 2, items 1, 6, 10, 22 to 27, 30 to 33, 71 to 75 and 86 of Schedule 4 and items 1 to 7, 10 to 12, 25 to 71, 73 to 78, paragraphs (a), (b) and (c) of item 95, paragraphs (a) and (b) of item 96 and items 97 to 102 of Schedule 5 commence on the day on which this Act receives the Royal Assent.

(2) Subsection 4(3), Schedule 3 and items 3, 4, 8, 9, 14 to 21, 76, 82 and 85 of Schedule 4 commence:
(a) on the day on which this Act receives the Royal Assent; or
(b) immediately after the beginning of the day on which the Taxation Laws Amendment Act (No. 2) 1995 receives the Royal Assent;
whichever is the later to occur of those times.

(3) Subsection 4(2) and the remaining items of Schedule 4 commence 28 days after the day on which this Act receives the Royal Assent.

(4) The remaining items of Schedule 5 commence on a day to be fixed by Proclamation.

(5) If the items referred to in subsection (4) do not commence under that subsection within 6 months after the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - SECT 3
Termination of Modification Declaration No. 1

3. The modifications made by Modification Declaration No. 1 are taken to have ceased to have effect immediately before the commencement of this section.
Note: Modification Declaration No. 1 is made under section 332 of the Superannuation Industry (Supervision) Act 1993.

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - SECT 4
Termination of Temporary Modification Declarations

4.(1) The modifications made by Temporary Modification Declarations Nos. 9, 15 and 18 are taken to have ceased to have effect immediately before the commencement of this subsection.

(2) The modifications made by Temporary Modification Declarations Nos. 7, 13 and 14 are taken to have ceased to have effect immediately before the commencement of this subsection.

(3) The modifications made by Temporary Modification Declarations Nos. 4 and 17 are taken to have ceased to have effect immediately before the commencement of this subsection.
Note: Temporary Modification Declarations are made under section 333 of the Superannuation Industry (Supervision) Act 1993.

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - SECT 5
Schedules

5. The Acts specified in the Schedules are amended as set out in the Schedules and the other items in the Schedules have effect according to their
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tenor.

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - SCHEDULE 1

SCHEDULE 1 Section 5
AMENDMENT OF THE INSURANCE ACT 1973
1. After section 129B:
Insert:
Bodies corporate must comply with determinations of the Superannuation
Complaints Tribunal
"129C.(1) A body corporate authorised to carry on insurance business
under this Act must comply with any determinations made in respect of
it by the Superannuation Complaints Tribunal as a result of it being
joined under section 18 of the Superannuation (Resolution of
Complaints) Act 1993 as a party to a complaint under section 14 of that
Act against a trustee in respect of a decision relating to a death
benefit or a disability benefit.
"(2) In this section:
Superannuation Complaints Tribunal means the Superannuation Complaints
Tribunal established under section 6 of the Superannuation (Resolution
of Complaints) Act 1993.
Injunctions
"129D.(1) If a body corporate authorised to carry on insurance
business under this Act has engaged, is engaging, or proposes to
engage, in any conduct in contravention of section 129C, the Federal
Court of Australia may grant an injunction:
(a) restraining the body corporate from engaging in the conduct; or
(b) if the Court thinks it desirable to do so, requiring the body
corporate to do a particular act.
"(2) If a body corporate authorised to carry on insurance business
under this Act has refused or failed, or is proposing to refuse or
fail, to do an act that the body corporate is required under section
129C to do, the Federal Court of Australia may grant an injunction
requiring the body corporate to do the act.
"(3) An injunction under subsection (1) or (2) may only be granted on
the application of the Commissioner.
"(4) The Court may grant an interim injunction pending the
determination of an application.
"(5) The Court may vary or discharge an injunction granted under
subsection (1) or (2).
"(6) The Commissioner cannot be required, as a condition of the grant
of the interim injunction, to give an undertaking as to damages.
"(7) The power of the Court to grant an injunction restraining a body
corporate from engaging in conduct may be exercised:
(a) whether or not it appears to the Court that the body corporate
intends to engage again, or to continue to engage, in conduct of that
kind; and
(b) whether or not the body corporate has previously engaged in
conduct of that kind.
"(8) The power of the Court to grant an injunction requiring a body
corporate to do an act may be exercised whether or not it appears to
the Court that the body corporate intends to refuse or fail again, or
to continue to refuse or fail, to do that act.
"(9) The powers conferred on the Court by this section are in
addition to, and not in derogation of, any other powers of the Court.".

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - SCHEDULE 2

SCHEDULE 2 Section 5
AMENDMENT OF THE LIFE INSURANCE ACT 1995
1. After Division 3 of Part 7:
Insert:
"Division 3A-Life companies required to comply with determinations of
the Superannuation Complaints Tribunal
Life companies must comply with determinations of the Superannuation
Complaints Tribunal
"151A.(1) A life company must comply with any determination made in
respect of it by the Superannuation Complaints Tribunal:
(a) as a result of it being joined under section 18 of the
Superannuation (Resolution of Complaints) Act 1993 as a party to a
complaint under section 14 of that Act against a trustee in respect of
a decision relating to a death benefit or a disability benefit; or
(b) as a result of it being joined as a party to a complaint under
section 14A of that Act; or
(c) as a result of it being a party to a complaint under section 15A
or 15B of that Act.
"(2) In this section:
Superannuation Complaints Tribunal means the Superannuation Complaints
Tribunal established under section 6 of the Superannuation (Resolution
of Complaints) Act 1993.".

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - SCHEDULE 3

SCHEDULE 3 Section 5
AMENDMENT OF THE SUPERANNUATION ENTITIES (TAXATION) ACT 1987
1. Section 15DAA (definition of levy month):

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Omit the definition.

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - SCHEDULE 4

SCHEDULE 4 Section 5
AMENDMENTS OF THE SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993
1. Section 10 (definition of independent director):
Add at the end of the definition:
"Note: Subsection (2) sets out the circumstances in which a director
of a corporate trustee of a fund is not taken to be an associate of an
employer-sponsor of the fund.".
2. Section 10 (after paragraph (a) of the definition of reviewable
decision):
Insert:
"(aa) a decision of the Commissioner under subsection 18(7A) to make
a declaration under subsection 18(7) subject to conditions; or
(ab) a decision of the Commissioner under subsection 18(7C) to revoke
a declaration that a superannuation fund is not a public offer
superannuation fund or;".
3. Section 10 (after paragraph (b) of the definition of reviewable
decision):
Insert:
"(ba) a decision of the Commissioner under subsection 24(2) to treat
an application as having been withdrawn; or".
4. Section 10 (after paragraph (d) of the definition of reviewable
decision):
Insert:
"(da) a decision of the Commissioner under subsection 27A(4) to treat
an application as having been withdrawn; or
(db) a decision of the Commissioner under section 27B or 27C to vary
the approval of a trustee; or
(dc) a decision of the Commissioner under section 27B to refuse to
vary the approval of a trustee; or".
5. Section 10 (after paragraph (h) of the definition of reviewable
decision):
Insert:
"(ha) a decision of the Commissioner to make a determination under
subsection 70A(1); or
(hb) a decision of the Commissioner refusing to revoke a
determination under subsection 70A(1); or".
6. Section 10 (after paragraph (n) of the definition of reviewable
decision):
Insert:
"(na) a decision of the Commissioner under subsection 93A(2) or (3)
to approve or not approve a higher percentage; or
(nb) a decision of the Commissioner under subsection 93A(4) to
specify conditions to which an approval is subject; or
(nc) a decision of the Commissioner under subsection 93A(5) to vary
an approval; or".
7. Section 10 (paragraph (r) of the definition of reviewable decision):
Omit the paragraph, substitute:
"(r) a decision of the Commissioner under subsection 126B(4)
refusing to allow a longer period than 14 days to make an application
for waiver; or
(ra) a decision of the Commissioner under subsection 126D(3) refusing
to make a declaration waiving an applicant's status as a disqualified
person; or
(rb) a decision of the Commissioner under subsection 126F(3) refusing
to waive, in whole or in part, the requirement to pay an amount under
subsection 126F(2); or".
8. Section 10 (definition of superannuation standards officer):
Omit all words after paragraph (b), substitute:
"otherwise than by reason only of the operation of paragraph
346(6)(da), and includes a person who is or has been:
(c) an inspector; or
(d) a delegate of the Commissioner under section 347A.".
9. Section 10 (after the definition of value):
Insert:
"written custody requirements means the written requirements referred
to in subparagraph 26(1)(b)(iii).".
10. Section 10:
Add at the end:
"(2) For the purposes of paragraph (b) of the definition of
independent director in subsection (1), a director of a corporate
trustee of a fund that is also an employer-sponsor of the fund is not
taken to be an associate of that employer-sponsor by reason only of
being such a director.".
11. Subsection 18(1):
Omit "A superannuation fund", substitute "Subject to section 18A, a
superannuation fund".
12. After subsection 18(7):
Insert:

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"(7A) A declaration that a superannuation fund is not a public offer
superannuation fund may be subject to conditions.
"(7B) If a condition has been breached the trustee must immediately
notify the Commissioner, in writing, of the breach.
Penalty: 30 penalty units.
"(7C) If the Commissioner is satisfied, whether because of a
notification under subsection (7B) or otherwise, that a condition to
which the declaration is subject has been breached:
(a) the Commissioner may revoke the declaration; and
(b) the superannuation fund is taken, with effect from the
revocation, to have become a public offer superannuation fund.".
13. After section 18:
Insert:
An excluded superannuation fund may not be a public offer
superannuation fund
"18A.(1) An excluded superannuation fund is not a public offer
superannuation fund if subsections (2), (3), (5) and (6) apply.
"(2) Each member of the fund must:
(a) be a trustee of the fund; or
(b) be an associate or a relative of a trustee of the fund; or
(c) if a trustee of the fund is a body corporate:
(i) be a responsible officer of the body corporate or of another
body corporate that is related to the body corporate; or
(ii) be an associate or a relative of a responsible officer of the
body corporate; or
(iii) be an associate or a relative of a responsible officer of
another body corporate that is related to the body corporate; or
(iv) have a controlling interest in the body corporate or in
another body corporate that is related to the body corporate; or
(d) be a standard employer-sponsored member; or
(e) be a member of a prescribed class.
"(3) Each trustee of the fund must:
(a) be a member of the fund; or
(b) be an associate or a relative of a member of the fund; or
(c) if the trustee is a body corporate-be a body corporate to which
subsection (4) applies; or
(d) be an employer-sponsor or a former employer-sponsor of a member
of the fund.
Note: Subsection (8) qualifies paragraph (3)(b) by setting out a
further assumption that must be made in working out whether a trustee
of a fund is an associate of a member of the fund.
"(4) This subsection applies to a body corporate that is a trustee of
a fund if:
(a) a responsible officer of the body corporate is a member of the
fund; or
(b) a responsible officer of the body corporate is an associate or a
relative of a member of the fund; or
(c) a responsible officer of another body corporate that is related
to the body corporate is a member of the fund; or
(d) a responsible officer of another body corporate that is related
to the body corporate is an associate or a relative of a member of the
fund; or
(e) a member of the fund has a controlling interest in the body
corporate or in another body corporate that is related to the body
corporate.
"(5) Each trustee must not receive any remuneration from the fund or
from any person for any duties or services performed by the trustee in
relation to the fund.
"(6) A declaration under subsection 18(6) must not be in force in
relation to the fund.
"(7) In this section:
controlling interest, in relation to a body corporate ("A"), means:
(a) an interest in A that allows the person holding the interest to:
(i) control the composition of the board of directors of A; or
(ii) cast, or control the casting of, more than half of the maximum
number of votes that might be cast at a general meeting of A; or
(iii) control more than half of the issued share capital of A
(except any part of that capital that carries no right to participate
beyond a specified amount in a distribution of either profits or
capital); or
(b) an interest in another body corporate ("B") that is, under
paragraph (a), a controlling interest in B, if:
(i) B, under paragraph (a), has a controlling interest in A; or
(ii) B has such a controlling interest by another application or
other applications of this paragraph.
relative, in relation to a person, means:
(a) a parent, child, grandparent, grandchild, sibling, aunt, uncle,
great-aunt, great-uncle, niece, nephew, first cousin or second cousin
of the person or of his or her spouse; or
(b) a person having such a relationship to the person or to his or

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her spouse because of adoption or remarriage; or
(c) the spouse of the person or of a person referred to in paragraph
(a) or (b).
Note: See section 10 for the definitions of child and spouse.
"(8) In working out whether a trustee of a fund is an associate of a
member of the fund, in addition to making the assumptions set out in
subsection 12(2), the further assumption that paragraph 13(c) of the
Corporations Law had not been enacted must be made.".
14. Section 22:
Add at the end:
"(2) A reference in section 27A, 27B, 27C, 27D, 27E, 28 or 29 to an
approval includes a reference to an approval as varied under section
27B or 27C.".
15. Section 24:
Repeal the section, substitute:
Further information may be requested
"24.(1) If the Commissioner needs further information to decide the
application for approval, the Commissioner may request the applicant,
in writing, to supply the Commissioner with such further information as
is specified in the request within such time as is specified in the
request.
"(2) If, without reasonable excuse, the applicant refuses or fails to
comply with the request, the Commissioner may decide to treat the
application as having been withdrawn.
"(3) If the Commissioner decides, under subsection (2), to treat the
application as having been withdrawn, the Commissioner must, as soon as
practicable after so deciding, inform the applicant in writing to that
effect.".
16. Section 26:
Add at the end:
"(6) An instrument of approval must designate a particular
subparagraph of paragraph (1)(b) as the subparagraph on the basis of
which the applicant is approved.".
17. Paragraph 27(b):
After "remains in force" insert ", subject to any variation under
section 27B or 27C,". 18. After section 27:
Insert:
Application for variation of an approval
"27A.(1) An approved trustee may apply to the Commissioner for
variation of the approval of the trustee by requesting a variation of:
(a) the designation of the subparagraph of paragraph 26(1)(b) as the
subparagraph on the basis of which the trustee is approved; or
(b) any written custody requirements with which the trustee is
required to comply; or
(c) any conditions to which the approval is subject.
"(2) An application must:
(a) be made in writing; and
(b) specify the variation requested by the trustee; and
(c) set out the reasons for the application; and
(d) be signed by a responsible officer of the trustee.
"(3) If the Commissioner needs further information to decide an
application, the Commissioner may request the trustee, in writing, to
supply the Commissioner with such further information as is specified
in the request within such time as is specified in the request.
"(4) If, without reasonable excuse, the trustee refuses or fails to
comply with the request, the Commissioner may decide to treat the
application as having been withdrawn.
"(5) If the Commissioner decides, under subsection (4), to treat the
application as having been withdrawn, the Commissioner must, as soon as
practicable after so deciding, inform the applicant in writing to that
effect.
An application must be decided within a period of time
"27B.(1) Subject to this section, the Commissioner must decide an
application for variation of the approval of a trustee within 60 days
after receiving it.
"(2) The Commissioner is not required to vary the approval of a
trustee in the terms requested by the trustee.
"(3) If the Commissioner thinks that it will take longer than 60 days
to decide the application, the Commissioner may extend the period for
deciding it by no more than 60 days.
"(4) An extension must be notified in writing to the trustee within
60 days after the Commissioner receives the application.
"(5) If the Commissioner makes an extension, the Commissioner must
decide the application within the extended period.
"(6) If the Commissioner has not decided the application by the end
of the day by which the Commissioner is required to decide it, the
Commissioner is taken to have decided, at the end of that day, to
refuse the application.
Commissioner may vary an approval on his or her own initiative
"27C. The Commissioner may, on his or her own initiative, vary the

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approval of a trustee by varying:
(a) any written custody requirements with which the trustee is
required to comply; or
(b) any conditions to which the approval is subject.
Notifying the trustee of the outcome of an application
"27D.(1) If, under section 27B or 27C, the Commissioner decides to
vary the approval of a trustee, the Commissioner must:
(a) by notice in writing, vary the approval; and
(b) give a copy of that notice, and a statement of the reasons for
the variation, to the trustee.
"(2) A notice varying an approval must:
(a) identify the approval being varied; and
(b) specify the day, not earlier than the day on which the notice of
variation is made, when the variation begins; and
(c) designate a particular subparagraph of paragraph 26(1)(b) as the
subparagraph on the basis of which the trustee is approved after the
variation begins; and
(d) specify any written custody requirements with which the trustee
is required to comply after the variation begins; and
(e) specify any conditions to which the approval of the trustee is
subject after the variation begins.
"(3) If, under section 27B, the Commissioner decides to refuse to
vary the approval of a trustee, the Commissioner must:
(a) by notice in writing, record that he or she has so decided; and
(b) give a copy of that notice, and a statement of the reasons for
the refusal to vary the approval, to the trustee.
When a variation of approval comes into force "27E. If, under section
27B or 27C, the Commissioner decides to vary an approval of a trustee:
(a) that variation comes into force on the day specified in the
notice under paragraph 27D(2)(b); and
(b) the variation remains in force until the revocation of the
approval to which it relates or the coming into force of a later
variation of that approval.".
19. Transitional provisions relating to Temporary Modification
Declaration Nos. 4 and 17
(1) If:
(a) an approved trustee makes, under subsection 27A(2) of the
Superannuation Industry (Supervision) Act 1993 as temporarily modified
by Temporary Modification Declaration No. 4, an application for
variation of the approval of the trustee; and
(b) that application meets the requirements of subsection 27A(3) of
that Act as so temporarily modified; and
(c) that application is not decided before the temporary modification
ceases to have effect in accordance with subsection 4(3) of this Act;
then, on and after the day next following the day on which that
Declaration ceases to have effect:
(d) that application is taken to have been made under subsection
27A(1) of that Act as amended by this Act; and
(e) that application is taken to meet the requirements of subsection
27A(2) of that Act as so amended.
(2) If a variation of the approval of the trustee is made under
section 27A of the Superannuation Industry (Supervision) Act 1993 as
temporarily modified by Temporary Modification Declaration No. 4, that
variation has effect, from the time that declaration ceases to have
effect, as if it were a variation made under section 27B of that Act as
amended by this Act.
(3) If a variation of an approval of a trustee is made under section
27B of the Superannuation Industry (Supervision) Act 1993 as
temporarily modified by Temporary Modification Declaration No. 17, that
variation has effect, from the time that declaration ceases to have
effect, as if it were a variation made under section 27C of that Act as
amended by this Act.
(4) An instrument of variation (however described) that is made:
(a) under section 27A of the Superannuation Industry (Supervision)
Act 1993 as temporarily modified by Temporary Modification Declaration
No. 4; or
(b) under section 27B of the Superannuation Industry (Supervision)
Act 1993 as temporarily modified by Temporary Modification Declaration
No. 17;
has effect, from the time when the declaration ceases to have effect,
as if it were a notice under section 27D of that Act as amended by this
Act.
20. Paragraphs 28(2)(c), (d), (da) and (e):
Omit "applied to the approval of the trustee" (wherever occurring),
substitute "is designated as the subparagraph on the basis of which the
trustee is approved".
21. Paragraphs 29(2)(b), (c), (ca) and (d):
Omit "applied to the approval of the trustee" (wherever occurring),
substitute "is designated as the subparagraph on the basis of which the
trustee is approved".

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22. Paragraph 36(1)(c):
Omit the paragraph, substitute:
"(c) a copy of the report given to the trustee by an approved
auditor under Part 13 in relation to the entity in respect of that year
of income, certified to be a true copy of the report by:
(i) if the trustee is a body corporate-a responsible officer of the
body corporate; or
(ii) if the trustee is a group of 2 or more individuals-at least
one of those individuals; or
(iii) in any other case-the trustee.".
23. Subsection 36(4):
Omit the subsection, substitute:
Endorsement of certificate or report
"(4) If the return is not given on a data processing device, the
certificate referred to in paragraph (1)(b) or the report referred to
in paragraph (1)(c) may be endorsed on the return.".
24. Paragraph 42(1)(a):
Omit the paragraph, substitute:
"(a) either:
(i) the entity was a resident regulated superannuation fund at all
times during the year of income when the entity was in existence; or
(ii) the entity was a resident regulated superannuation fund at all
times during the year of income when the entity was in existence other
than a time, before it became a resident regulated superannuation fund,
when the entity was a resident approved deposit fund; and". 25. Section
42:
Add at the end:
"(2) In this section, a reference to a member of an entity means, if
the entity is an approved deposit fund, a beneficiary of the fund.".
26. After subsection 62(1):
Insert:
"(1A) Subsection (1) does not imply that the trustee of a regulated
superannuation fund is required to maintain the fund so that the same
kind of benefits will be provided:
(a) to each member of the fund; or
(b) in respect of each member of the fund.".
27. After section 64:
Insert:
Compliance with determinations of the Superannuation Complaints
Tribunal
"64A.(1) If:
(a) a complaint has been made to the Superannuation Complaints
Tribunal under section 14 of the Superannuation (Resolution of
Complaints) Act 1993 concerning a disability benefit (whether under a
contract of insurance or otherwise); and
(b) the Tribunal decides that a person other than the trustee or an
insurer is responsible for determining the existence of the disability;
and
(c) the Tribunal joins the person under paragraph 18(1)(d) of that
Act as a party to the complaint;
the person must comply with any determination made in respect of the
person by the Tribunal.
"(2) In this section:
Superannuation Complaints Tribunal means the Superannuation Complaints
Tribunal established under section 6 of the Superannuation (Resolution
of Complaints) Act 1993.".
28. After section 70:
Insert:
Commissioner may determine a person to be a standard employer-sponsor
"70A.(1) For the purposes of this Part, the Commissioner may
determine in writing that a person, who is not a standard
employer-sponsor of a regulated superannuation fund within the meaning
of subsection 16(2), is taken to be a standard employer-sponsor of the
fund.
"(2) If the Commissioner makes a determination under subsection (1)
or revokes a determination so made, the Commissioner must as soon as
practicable after making or revoking the determination, inform the
trustee of the regulated superannuation fund concerned, in writing, of
the making or revocation of the determination.".
29. Paragraph 71(4)(b):
After "employer-sponsor of the fund" insert ", including a person taken
to be a standard employer-sponsor of the fund under section 70A".
30. Section 92:
Add at the end:
Transitional
"(13) If, at a particular time, the number of members of a fund
increases from a number less than 5 to 5 or more, but less than 50:
(a) the trustee of the fund must make such arrangements (if any) as
are necessary to enable the fund to comply with this section; and
(b) the fund does not have to comply with this section during the

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period beginning at that time and ending:
(i) at the time at which such arrangements are made; or
(ii) 90 days after that time;
whichever is the earlier.".
31. Subsection 93(5):
Omit the subsection, substitute:
Transitional
"(5) If, at a particular time, the number of members of a fund
increases:
(a) from a number less than 5 to 50 or more; or
(b) from a number greater than 4, but less than 50, to 50 or more (a
paragraph (b) fund);
then:
(c) the trustee of the fund must make such arrangements (if any) as
are necessary to enable the fund to comply with this section; and
(d) the fund does not have to comply with this section during the
period beginning at that time and ending:
(i) at the time at which such arrangements are made; or
(ii) 90 days after that time;
whichever is the earlier; and
(e) for a paragraph (b) fund-despite subsection 92(1), the fund must
comply with subsection 92(3) or (4) during the period of time referred
to in paragraph (d).".
32. After section 93:
Insert:
A trustee who is an employer-sponsor of a fund may still be an
independent trustee
"93A.(1) For the purposes of subparagraphs 92(3)(a)(i) and
93(3)(a)(i), the trustee of a public offer superannuation fund who is
an employer-sponsor of the fund will be an independent trustee of the
fund:
(a) if the trustee satisfies all the requirements of the definition
of independent trustee in section 10; or
(b) if:
(i) the trustee together with any other employer-sponsors of the
fund who are associates of the trustee are employer-sponsors of not
more than the allowable percentage of the members of the fund; and
(ii) the value of the accrued benefits of those members of the fund
who have as an employer-sponsor either the trustee or an associate of
the trustee is not more than the allowable percentage of the value of
the assets of the fund; and
(iii) the trustee satisfies the requirements in paragraphs (a),
(c), (d) and (e) of the definition of independent trustee in section
10.
"(2) The allowable percentage of the members of the fund is 10% or
such higher percentage as is approved by the Commissioner by notice in
writing given to the trustee.
"(3) The allowable percentage of the value of the assets of the fund
is 10% or such higher percentage as is approved by the Commissioner by
notice in writing given to the trustee.
"(4) If the Commissioner approves a higher percentage under
subsection (2) or (3), the approval may be subject to such conditions
(if any) as are specified in the notice.
"(5) An approval, including any conditions to which the approval is
subject, may be varied at any time by the Commissioner by notice in
writing given to the trustee.
"(6) The Commissioner may only exercise the power conferred under
subsection (2) or (3) after considering:
(a) the effect that the approval of a higher percentage will have on
the likelihood of the trustee performing its functions independently
and impartially; and
(b) all other relevant circumstances.".
33. Transitional provisions relating to Modification Declaration No. 1
If, before Modification Declaration No. 1 ceases to have effect in
accordance with section 3, the Commissioner has given to the trustee of
a regulated superannuation fund:
(a) written notice under subparagraph 93A(1)(a)(ii) of the
Superannuation Industry (Supervision) Act 1993 as modified by that
declaration specifying a higher allowable percentage of the members of
the fund; or
(b) written notice under subparagraph 93A(1)(b)(ii) of the
Superannuation Industry (Supervision) Act 1993 as so modified
specifying a higher allowable percentage of the value of the assets of
the fund; or
(c) written notice under subsection 93A(2) of the Superannuation
Industry (Supervision) Act 1993 as so modified making the specification
of the allowable percentage referred to in paragraph (a) or (b) subject
to a limited duration or to other conditions specified in the notice;
then, on and after the day next following the day on which the
Declaration ceases to have effect:

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(d) the notice referred to in paragraph (a) is taken to have been
made under subsection 93A(2) of that Act as amended by this Act; and
(e) the notice referred to in paragraph (b) is taken to have been
made under subsection 93A(3) of that Act as so amended; and
(f) the specification of the duration of a notice under paragraph (a)
or (b), or of any other conditions to which such a notice is subject,
is taken to be a specification under subsection 93A(4) of that Act as
so amended for the purposes of a notice under subsection 93A(2) or (3)
of that Act as so amended, as the case requires.
34. Paragraphs 101(1)(a) and (b):
Omit the paragraphs, substitute:
"(a) a person referred to in subsection (1A) has the right to make
an inquiry or a complaint of the kind specified in that subsection in
relation to that person; and
(b) an inquiry or complaint so made will be properly considered and
dealt with within 90 days after it was made.".
35. After subsection 101(1):
Insert:
"(1A) For the purposes of paragraph (1)(a):
(a) a beneficiary or former beneficiary of a regulated superannuation
fund may make an inquiry into, or complaint about, the operation or
management of the fund in relation to that person; and
(b) the executor or administrator of the estate of a former
beneficiary of such a fund may make an inquiry into, or complaint
about, the operation or management of such a fund in relation to the
former beneficiary; and
(c) without limiting the generality of paragraph (a) or (b), any
person may make an inquiry into, or complaint about, a decision of the
trustee of such a fund that relates to the payment of a death benefit
if:
(i) the person has an interest in the death benefit; or
(ii) the person claims to be, or to be entitled to death benefits
through, a person referred to in subparagraph (i).".
36. After subsection 109(1):
Insert:
"(1A) If:
(a) the trustee or investment manager of a superannuation entity
invests money of the entity; and
(b) at any time during the term of the investment the trustee or
investment manager is required to deal in respect of the investment
with another party that is not at arm's length with the trustee or
investment manager;
the trustee or investment manager must deal with the other party in the
same manner as if the other party were at arm's length with the trustee
or investment manager.".
37. Subsection 109(2):
(a) Omit "Subsection (1) is a civil penalty provision", substitute
"Subsections (1) and (1A) are civil penalty provisions".
(b) Omit "that subsection", substitute "those subsections".
38. Subsection 109(3):
After "subsection (1)" insert "or (1A)".
Note: The heading to section 109 is altered by inserting "and
maintained" after "made".
39. Heading to Part 13:
After "ACCOUNTS" insert ", STATEMENTS AND AUDITS".
40. Section 110:
After "accounts" insert ", statements and audits".
41. After paragraph 112(1)(b):
Insert:
"(ba) except where the regulations provide that this subsection does
not apply-a statement of cash flows;".
Note: The heading to section 112 is altered by adding "and statements"
after "Accounts".
42. Section 113:
Repeal the section, substitute:
Audit of accounts and statements
"113.(1) The trustee of a superannuation entity must make such
arrangements as are necessary to enable an approved auditor to give the
trustee, within the prescribed period after the end of each year of
income, a report in the approved form of the operations of the entity.
"(2) A person who intentionally or recklessly contravenes subsection
(1) is guilty of an offence punishable on conviction by imprisonment
for 2 years.
"(3) Without limiting the generality of subsection (1), an approved
form:
(a) must either:
(i) relate solely to the audit of the accounts and statements
referred to in subsection 112(1) and prepared in respect of a year of
income; or
(ii) relate not only to the audit of those accounts and statements,

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but also to the audit of such other accounts and statements, prepared
in respect of a year of income, as are identified in the form; and
(b) must include a statement by the auditor as to whether, in the
opinion of the auditor, the trustee has complied with the provisions of
this Act and the regulations, identified in the form, during that year
of income.
"(4) The auditor must give the report to the trustee within the
period referred to in subsection (1).
"(5) A person who intentionally or recklessly contravenes subsection
(4) is guilty of an offence punishable on conviction by imprisonment
for 6 months.".
43. Application of items 39, 40, 41 and 42
Despite the fact that items 39, 40, 41 and 42 begin 28 days after the
day on which this Act receives the Royal Assent, those items are taken
to apply to a superannuation entity in respect of the whole of the
entity's 1995-96 year of income and each of the entity's subsequent
years of income.
44. Paragraph 117(5)(c):
Omit ", as the case may be, was passed", substitute "was passed or
before the declaration referred to in subparagraph (b)(iii) was made".
45. Section 117:
Add at the end:
"(11) For the purposes of this section:
(a) a reference to a standard employer-sponsored fund includes a
reference to a former standard employer-sponsored fund; and
(b) a reference to a standard employer-sponsor includes a reference
to a former standard employer-sponsor.".
46. Paragraph 120(2)(a):
Omit the paragraph, substitute:
"(a) subsection (2A) applies; or".
47. Paragraph 120(2)(c):
Omit "or deputy official manager", substitute ", deputy official
manager or administrator".

48. After subsection 120(2):
Insert:
"(2A) This subsection applies if:
(a) the body corporate knows, or has reasonable grounds to suspect,
that a person who is, or is acting as, a responsible officer of the
body corporate is a disqualified person; and
(b) the body corporate knows, or has reasonable grounds to suspect,
that:
(i) the person is not eligible under subsection 126B(1) to apply to
the Commissioner for a declaration waiving his or her status as a
disqualified person; or
(ii) the person is so eligible but will not make an application
under subsection 126B(3) within the period allowed for the purpose.".
49. Subsection 121(2):
Omit the subsection, substitute:
"(2) A person must not intentionally be, or act as, a responsible
officer of a body corporate that is a trustee of a superannuation
entity if the person is, and knows that the person is, a disqualified
person.
Penalty: Imprisonment for 2 years.".
50. Subsections 126(2), (3), (4), (5) and (6):
Omit the subsections, substitute:
"(2) A person must not intentionally be, or act as, a responsible
officer of a body corporate that is an investment manager of a
superannuation entity (other than an excluded fund) if the person is,
and knows that the person is, a disqualified person.
Penalty: Imprisonment for 2 years.".
51. Subsections 126A(2), (3), (4), (5) and (6):
Omit the subsections, substitute:
Prohibition-responsible officer of body corporate
"(2) A person must not intentionally be, or act as, a responsible
officer of a body corporate that is a custodian of a superannuation
entity (other than an excluded fund) if the person is, and knows that
the person is, a disqualified person.
Penalty: Imprisonment for 2 years.".
52. After section 126A:
Insert:
Application for waiver of disqualified status
"126B.(1) An individual may apply to the Commissioner for a
declaration under section 126D waiving his or her status as a
disqualified person for the purposes of this Part only if:
(a) he or she is a disqualified person solely because of the
operation of subparagraph 120(1)(a)(i); and
(b) the offence leading to him or her being a disqualified person is
not an offence involving serious dishonest conduct as described in
subsection (2).
"(2) For the purposes of paragraph (1)(b), an offence involves

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serious dishonest conduct if the penalty actually imposed for the
offence is:
(a) a term of imprisonment of at least 2 years or such longer period
(if any) as is specified in the regulations; or
(b) a fine of at least 120 penalty units or such larger fine, if any,
as is specified in the regulations.
"(3) An application must:
(a) be in writing; and
(b) be made within 14 days after the commencement of this subsection
or the person's conviction, whichever is the later; and
(c) identify the offence to which the application relates; and
(d) to the extent that the court documents relating to the offence
exist-be accompanied by a copy, certified to be a true copy by the
Clerk or Registrar of the court, of those documents; and (e)
give consent to the Commissioner making inquiries in relation to the
applicant of any law enforcement agency, regulatory agency or court
that the Commissioner believes on reasonable grounds has in its
possession or control information directly relevant to the
Commissioner's consideration of the application; and
(f) be signed by the applicant.
"(4) The Commissioner may accept an application meeting conditions
referred to in subsection (3) other than paragraph (3)(b) after the end
of the period referred to in that paragraph only if the Commissioner is
satisfied that there are exceptional circumstances that prevented the
application from being made within that period.
"(5) The court documents are:
(a) the information or indictment against the applicant; and
(b) the transcript of the proceedings; and
(c) witness statements and affidavits; and
(d) the court's judgment and orders; and
(e) the court's reasons for judgment.
"(6) If an individual is not reasonably able to obtain some or all of
the court documents referred to in subsection (5), he or she:
(a) may make an application that is not accompanied by those
documents; and
(b) must give the Commissioner those documents as soon as practicable
after making the application.
"(7) The Commissioner must notify the applicant of any police force,
agency or court of which the Commissioner intends to make inquiries.
"(8) Such notification should if possible be given to the applicant
as soon as practicable after a decision has been made to approach that
police force, agency or court.
Application must be decided within a period of time
"126C.(1) Subject to this section, the Commissioner must decide an
application made under section 126B within 60 days after receiving it.
"(2) If the Commissioner thinks that it will take longer than 60 days
to decide the application, the Commissioner may extend the period for
deciding it by no more than 60 days.
"(3) The extension must be notified in writing to the applicant
within 60 days after the Commissioner receives the application.
"(4) If the Commissioner makes an extension, the Commissioner must
decide the application within the extended period.
"(5) If the Commissioner has not decided the application by the end
of the day by which the Commissioner is required to decide it, the
Commissioner is taken to have decided, at the end of that day, to
refuse the application under subsection 126D(2).
Notifying of the outcome of an application
"126D.(1) If the Commissioner is satisfied, having regard to any of
the following:
(a) the offence to which the application relates;
(b) the time that has passed since the applicant committed the
offence;
(c) the applicant's age when the applicant committed the offence;
(d) the orders made by the court in relation to the offence;
(e) any other relevant matter;
that the applicant is highly unlikely to be a prudential risk to any
superannuation entity, the Commissioner must, by notice in writing
given to the applicant, make a declaration waiving the applicant's
status as a disqualified person for the purposes of this Part.
"(2) Despite any declaration waiving an applicant's status as a
disqualified person for the purposes of this Part, the applicant will
still be a disqualified person if :
(a) the applicant had been convicted of an offence involving
dishonest conduct that the applicant did not include in the
application; or
(b) a civil penalty order has been made against the applicant; or
(c) the applicant is insolvent under administration.
"(3) If the Commissioner decides not to make a declaration waiving
the applicant's status as a disqualified person for the purposes of
this Part, the Commissioner must:

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(a) by notice in writing, record that he or she has so decided; and
(b) give the applicant a statement, to which a copy of the notice
referred to in paragraph (a) is attached, telling the applicant:
(i) that the Commissioner has so decided and of the reasons for
that decision; and
(ii) that the applicant must resign immediately and confirm that
resignation, in writing, to the Commissioner; and
(iii) that if the applicant fails so to resign and is the
responsible officer of a body corporate that is a trustee, investment
manager or custodian of a superannuation entity the Commissioner will
tell the body corporate of the applicant's status as a disqualified
person.
"(4) If the Commissioner becomes aware that the responsible officer
of a body corporate that is a trustee, investment manager or custodian
of a superannuation entity has failed to resign in accordance with the
requirements of a statement under paragraph (3)(b) the Commissioner
must tell the body corporate that the applicant is a disqualified
person.
The effect of seeking a waiver of disqualified person status
"126E.(1) If:
(a) a person is a disqualified person; and
(b) the person is eligible to make application for a declaration
waiving his or her status as a disqualified person; and
(c) the person makes application for such a declaration under
subsection 126B(3) within the application period specified in that
subsection;
the person is treated, for the purposes of this Act, (other than the
purpose of the application for the declaration) as not being, and as
never having been, a disqualified person until that application is
decided.
"(2) On deciding an application for a declaration waiving the
disqualified person status of a person to whom paragraphs 1(a), (b) and
(c) apply:
(a) if the Commissioner decides to make the declaration, the Act
applies as if the person had never been disqualified; and
(b) if the Commissioner decides not to make the declaration, the
person again becomes a disqualified person from the date of the
decision.
"(3) If:
(a) a person is a disqualified person; and
(b) the person is eligible to make application for a declaration
waiving his or her status as a disqualified person; and
(c) the person makes application for such a declaration under
subsection 126B(4);
then:
(d) pending the decision of the application the person continues to
be a disqualified person for the purposes of this Act; but
(e) if the Commissioner decides to make a declaration waiving the
person's status as a disqualified person, the person is treated, for
the purposes of this Act, as if the person had never been a
disqualified person.
Commissioner's powers to seek further material
"126F.(1) If, to decide an application under subsection 126B(1), the
Commissioner needs:
(a) further information; or
(b) the applicant's consent to the Commissioner making inquiries
about the applicant from another person;
the Commissioner may ask an applicant to provide information or
consent.
"(2) The Commissioner may, by notice in writing, require a person who
has made an application under subsection 126B(1) to pay to the
Commissioner an amount equal to the amount of any fees charged to the
Commissioner by any law enforcement agency, regulatory agency or court
for answering any inquiry by the Commissioner about the applicant if
the fees:
(a) are of a kind prescribed for the purposes of this subsection; and
(b) exceed an amount prescribed for the purposes of this subsection,
or exceed, in total, such an amount.
"(3) The Commissioner may, on the application of a person who has
made an application under subsection 126B(1), waive in whole or in
part, the requirement to pay an amount under subsection (2) if the
Commissioner is satisfied that there are special circumstances making
it unfair to require the applicant to pay that amount or that part of
that amount.
"(4) If the applicant fails to comply with the request, the
Commissioner must treat the application as having been withdrawn.
"(5) Nothing in this section or in section 126B prevents the
Commissioner from deciding an application before some or all of the
requirements in subsection 126B(3) have been complied with.".
53. Saving provision concerning Temporary Modification Declaration No.

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14 Despite the cessation of Temporary Modification Declaration No. 14
immediately before, and the commencement of items 46, 48, 49, 50, 51
and 52 on, the twenty-eighth day on which this Act receives the Royal
Assent:
(a) any application by an individual for a declaration waiving the
individual's status as a disqualified person that is made under the
Superannuation Industry (Supervision) Act 1993 as temporarily modified
by that declaration, if the consideration of that application had been
commenced but not completed before that twenty-eighth day, may be
completed, on and after that day, as if it were an application made by
that person under section 126B of that Act as amended by those items;
and
(b) any declaration made by the Commissioner waiving an individual's
status as a disqualified person that was made before that twenty-eighth
day under that Act as temporarily modified by that declaration
continues to have effect, on and after that day, as if it were a
declaration made under section 126D of that Act as amended by those
items; and
(c) any period of grace granted to a person under that Act as
temporarily modified by that declaration before that twenty-eighth day
has effect, on and after that day, as if, for the balance of the period
of grace so granted to that person, the provisions of the temporary
modification declaration had not been repealed so far as that person
was concerned. 54. Subsection 129(1):
(a) Omit "(the first person)".
(b) Omit "first" (wherever occurring).
55. Subsection 129(2):
Omit "first" (wherever occurring).
Note: The heading to subsection (2) is altered by omitting "first".
56. Subsection 129(3):
Omit the subsection, substitute:
Trustee to be told about the contravention
"(3) Subject to subsection (3A), the person must tell the trustee of
the entity about the matter in writing.
The person may not have to tell the trustee about the contravention
"(3A) The person does not have to tell the trustee of the entity
about the matter if:
(a) the person has been told by another person who is subject to
section 129 that:
(i) that other person has already told the trustee about the
matter; and
(ii) that other person has also told the Commissioner about the
matter or has given the trustee a written notice under subsection
129(5); and
(b) the first-mentioned person has no reason to disbelieve that other
person.
Penalty for misleading information
"(3B) If:
(a) this section applies to a person; and
(b) that person is aware of a matter that must, under this section,
be told to the trustee; and
(c) the person knowingly tells another person that he or she has
taken the action described in subparagraphs (3A)(a)(i) and (ii) when
the person has not taken that action;
the person is guilty of an offence against this subsection.
Penalty: Imprisonment for 12 months.".
57. Subsection 129(4):
Omit "first" (wherever occurring).
58. Subsection 129(5):
(a) Omit "the" (first occurring), substitute "a".
(b) Omit "first" (wherever occurring).
59. Subsection 129(6):
(a) Omit "the" (first occurring), substitute "a".
(b) Omit "first" (wherever occurring).
60. Subsection 130(1):
(a) Omit "(the first person)".
(b) Omit "first" (wherever occurring).
61. Subsection 130(2):
Omit the subsection, substitute:
Trustee to be told about the financial position
"(2) Subject to subsection (2A), the person must tell the trustee of
the entity about the matter in writing.
The person may not have to tell the trustee about the financial
position
"(2A) The person does not have to tell the trustee of the entity
about the matter if:
(a) the person has been told by another person who is subject to
section 130 that:
(i) that other person has already told the trustee about the
matter; and

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(ii) that other person has also told the Commissioner about the
matter or given the trustee a written notice under subsection 130(4);
and
(b) the first-mentioned person has no reason to disbelieve that other
person.
Penalty for misleading information

"(2B) If:
(a) this section applies to a person; and
(b) that person is aware of a matter that must, under this section,
be told to the trustee; and
(c) the person knowingly tells another person that he or she has
taken the action described in subparagraphs (2A)(a)(i) and (ii) when
the person has not taken that action;
the person is guilty of an offence against this subsection.
Penalty: Imprisonment for 12 months.".
62. Subsection 130(3):
Omit "first" (wherever occurring).
63. Subsection 130(4):
(a) Omit "the" (first occurring), substitute "a".
(b) Omit "first" (wherever occurring).
64. Subsection 130(5):
(a) Omit "the" (first occurring), substitute "a".
(b) Omit "first" (wherever occurring).
65. After subparagraph 131(1)(a)(ii):
Insert:
"(iii) any functions that an auditor is entitled to perform in
relation to this Act or the regulations; or".
66. After section 131:
Insert:
Commissioner may refer matters to a professional association
"131A.(1) If the Commissioner is of the opinion that an approved
auditor or an actuary:
(a) has failed, whether within or outside Australia, to carry out or
perform adequately and properly:
(i) the duties of an auditor or an actuary under this Act or the
regulations; or
(ii) any duties required by a law of the Commonwealth, a State or a
Territory to be carried out or performed by an auditor or an actuary;
or
(iii) any functions that an auditor or actuary is entitled to
perform in relation to this Act or the regulations; or (b) is
otherwise not a fit and proper person to be an approved auditor or an
actuary for the purposes of this Act;
the Commissioner;
(c) may refer the details of the matter to the persons specified in
subsection (2); and
(d) if the Commissioner does so-must inform the person to whom the
details are referred of the person's obligations under subsection
346(6B).
"(2) The persons specified in relation to an approved auditor or an
actuary for the purposes of subsection (1) are those members of the
auditor's or actuary's professional association whom the Commissioner
believes will be involved:
(a) in deciding whether the professional association should take any
disciplinary or other action against the auditor or actuary in respect
of the matter referred; or
(b) in taking that action.
"(3) In relation to an approved auditor, the power of the
Commissioner under subsection (1) may be exercised whether or not the
Commissioner has made a written order disqualifying the auditor under
subsection 131(1).
"(4) If, under this section, the Commissioner refers details of a
matter involving an approved auditor or an actuary, the Commissioner
must, as soon as practicable but, in any event, not later than 7 days
after the referral, by notice in writing given to the auditor or
actuary, inform the auditor or actuary:
(a) of the fact that a matter has been referred under subsection (1);
and
(b) of the nature of the matter so referred.".
67. After paragraph 193(j):
Insert:
"(ja) subsection 109(1A);".
68. Section 270:
Repeal the section, substitute:
Powers of inspector to require assistance from, and examine, current
and former relevant persons and other persons
"270. An inspector may, by written notice given to a person:
(a) who is, or has been, a relevant person in relation to a
superannuation entity whose affairs or a part of whose affairs the
Commissioner is investigating; or

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(b) who the inspector, on reasonable grounds, suspects or believes
can give information relevant to the investigation of that entity;
require the person to do either or both of the following:
(c) to give the inspector all reasonable assistance in connection
with the investigation;
(d) to appear before the inspector for examination concerning matters
relevant to the investigation.".
69. Paragraph 288(2)(a):
Omit the paragraph, substitute:
"(a) if the person to whom, or by or on behalf of whom, the
communication was made is a body corporate that is under official
management or administration or is being wound up-the official manager
or administrator, or the liquidator, of the body; or".
70. Subsection 310(5) (paragraph (c) of the definition of officer):
Omit "or deputy official manager", substitute ", deputy official
manager or administrator".
71. After subsection 313(1):
Insert:
Court's power to protect the interests of beneficiaries
"(1A) If:
(a) the Commissioner is of the opinion that it is necessary for the
Court to make one or more of the orders specified in subsection (2) to
protect the interests of any or all of the beneficiaries of a
superannuation entity; and
(b) the Commissioner applies to the Court for such an order in
relation to the trustee of the entity; and
(c) the Court considers it necessary or desirable to protect the
interests of any or all of the beneficiaries;
the Court may make one or more of the orders specified in subsection
(2).
Any reference to the contravening person is a reference to the trustee
"(1B) For the purposes of subsection (1A), subsection (2) has effect
as if any reference to the contravening person were a reference to the
trustee.".
72. Subsection 313(5):
Omit "under subsection (1)", substitute "made under subsection (1) or
(1A)".
73. Subsection 313(6):
After "subsection (1)" insert "or (1A)".
74. Subsection 313(7):
After "subsection (1)" insert "or (1A)".
75. Subsection 313(9):
After "subsection (1)" insert ", (1A)".
76. Subsection 344(12):
Omit "(c), (d),", substitute "(ba), (c), (d),".
77. Subsection 344(12):
After "(r)," insert "(ra), (rb),". 78. After subsection 346(2):
Add:
"Penalty: Imprisonment for 2 years.".
79. Before subsection 346(3):
Insert:
"(2A) A person who is, or has been, a superannuation standards
officer must not, except for purposes relating to the consideration of
an application by any person for waiver of that person's status as a
disqualified person, disclose to any person information obtained in
respect of that application that relates to a conviction of that
person.
Penalty: Imprisonment for 2 years.".
80. After subsection 346(4):
Insert:
Exception-notifying the professional association of an approved auditor
or an actuary
"(4A) Subsection (2) does not prevent the Commissioner from
disclosing protected information, or producing a protected document, to
persons in accordance with subsection 131A(1).".
81. After subsection 346(5):
Insert:
Exception-consent to disclosures relating to an individual
"(5A) Subsection (2) does not prohibit a superannuation standards
officer from disclosing personal information relating to an individual,
or producing a document that contains such information, if the
individual agrees in writing to the disclosure of the information or
the production of the document, as the case may be.".
Note: The heading to subsection 346(5) is altered by omitting
"disclosure" and substituting "disclosures relating to a superannuation
entity".
82. Paragraph 346(6)(da):
Omit "a member of the staff", substitute "an officer".
83. After subsection 346(6A):
Insert:

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Members of the professional association not to disclose information
"(6B) If, under subsection (4A), the Commissioner discloses protected
information, or produces a protected document, to persons in accordance
with subsection 131A(1), those persons:
(a) must not disclose the information, or produce the document, to
any other person; and
(b) must not use the information or those documents for any purpose
other than deciding whether or not to take disciplinary or other action
or taking that action.
Penalty: Imprisonment for 2 years.
"(6C) Subsection (6B) does not prevent disclosure of protected
information or protected documents to a court for the purpose of
proceedings in respect of disciplinary or other action:
(a) that is taken or proposed to be taken against an auditor or
actuary; and
(b) to which the protected information is, or the protected documents
are, relevant.".
84. Subsection 346(9):
Add:
"Penalty: Imprisonment for 2 years.".
85. Subsections 346(9A) and (9B):
Omit the subsections, substitute:
"(9A) If protected information is disclosed, or a protected document
is produced, under paragraph (6)(da) to the Australian Statistician or
to an officer of the Australian Bureau of Statistics, then the
information, or the information contained in the document, is taken to
be information given in pursuance of the Census and Statistics Act
1905.".
86. After section 349:
Insert:
Payment out of a fund in accordance with the Bankruptcy Act 1966
"349A. If a member of an approved deposit fund or of a regulated
superannuation fund becomes a bankrupt, within the meaning of
subsection 5(1) of the Bankruptcy Act 1966, nothing in this Act or the
regulations prevents the trustee of the fund from paying to the trustee
in bankruptcy an amount out of the fund that is property divisible
amongst the member's creditors, within the meaning of section 116 of
the Bankruptcy Act 1966.".

SUPERANNUATION INDUSTRY (SUPERVISION) LEGISLATION AMENDMENT ACT 1995 No. 144, 1995 - SCHEDULE 5

SCHEDULE 5 Section 5
AMENDMENTS OF THE SUPERANNUATION (RESOLUTION OF COMPLAINTS) ACT
1993
1. Subsection 3(2) (before the definition of complainant):
Insert:
"annuity policy means a life policy in relation to an annuity that is
declared to be a superannuation policy under regulations made for the
purposes of paragraph (b) of the definition of superannuation policy in
the Life Insurance Act 1995.".
2. Subsection 3(2) (definition of complainant):
After "section 14" insert ", 14A, 15A or 15B".
3. Subsection 3(2) (definition of complaint):
After "section 14" insert ", 14A, 15A or 15B".
4. Subsection 3(2) (definition of disability):
Omit.
5. Subsection 3(2) (before the definition of excluded complaint):
Insert:
"conduct includes acts, omissions and representations.
death benefit means:
(a) a benefit:
(i) that is payable by the trustee of a regulated superannuation
fund in respect of a member of the fund on or after the death of the
member; and
(ii) that is provided in accordance with subparagraph 62(1)(a)(iv)
or (v) or (b)(iii) or (iv) of the Supervision Act or in accordance with
an approval of the Commissioner under subparagraph 62(1)(b)(v) of that
Act; or
(b) a benefit:
(i) that is payable by the trustee of an approved deposit fund in
respect of a beneficiary of the fund on or after the death of the
beneficiary; and
(ii) that is provided in accordance with the requirements of the
Supervision Act; or
(c) a benefit that is payable by a life company within the meaning of
the Life Insurance Act 1995 under an annuity policy in respect of the
policy owner within the meaning of that Act on or after the death of
the policy owner.
decision-maker, in relation to a complaint relating to a disability
benefit (whether under a contract of insurance or otherwise), means a
person who the Tribunal has decided under paragraph 18(1)(d) is
responsible for determining either or both of the existence and the

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extent of the disability (whether total and permanent or otherwise).
disability benefit means a benefit that is:
(a) payable by the trustee of a regulated superannuation fund in the
event of temporary or permanent cessation of employment because of a
partially or totally disabling physical or mental condition; and
(b) provided in accordance with subparagraph 62(1)(b)(ii) of the
Supervision Act.".
6. Subsection 3(2) (after the definition of fund):
Insert:
"insurer means:
(a) in relation to a complaint under section 14 that concerns a
decision relating to a death benefit or a disability benefit under a
contract of insurance:
(i) the life company that is a party to that contract of insurance;
or
(ii) the body corporate authorised to carry on insurance business
under the Insurance Act 1973 that is a party to the contract of
insurance; or
(b) in relation to a complaint under section 14A that concerns a
decision to admit a person as a member of a life policy fund-the life
company that is a party to the life policy covering the member; or
(c) in relation to a complaint under section 15A or 15B-the life
company that is a party to the policy to which the complaint relates.
interest means:
(a) in relation to an annuity policy-a contractual right to the
payment of money on the happening of certain events; and
(b) in relation to a life policy fund-a beneficial interest in the
fund.
life company has the same meaning as in the Life Insurance Act 1995.
life insurance broker has the same meaning as in section 9 of the
Insurance (Agents and Brokers) Act 1984.
life policy has the same meaning as in the Life Insurance Act 1995.
life policy fund means a regulated superannuation fund for the purpose
of which the trustee maintains, in relation to at least some of the
members of the fund:
(a) individual life policies covering each of those members; or
(b) a single life policy covering all of those members.".
7. Subsection 3(2) (after the definition of review meeting):
Insert:
"sale, in relation to an annuity policy in which a particular
complainant has, or claims to have, an interest, includes any activity
undertaken, or representation made:
(a) at the time of, or preliminary to, the entry into the policy, so
that the policy as so entered into extends to that complainant, or to a
person through whom that complainant claims to have that interest; and
(b) at the time of, or preliminary to, the variation of the policy,
so that the policy as so varied affects that complainant or a person
through whom that complainant claims to have that interest.".
8. Subsection 3(2) (after the definition of Tribunal Chairperson):
Insert:
"Tribunal Deputy Chairperson means the Deputy Chairperson of the
Tribunal.".
9. Subsection 3(2) (definition of Tribunal member):
After "Tribunal Chairperson" insert "and the Tribunal Deputy
Chairperson".
10. Section 3:
Add at the end:
"(3) A reference in this Act to a representative of an insurer in
relation to:
(a) an annuity policy issued by the insurer; or
(b) a life policy issued by the insurer and maintained by a trustee
for the purposes of a life policy fund;
includes a reference to:
(c) an agent of the insurer who engages in conduct in relation to
that policy; and
(d) any person, other than an agent of the insurer, who engages in
such conduct and who is not a life insurance broker.".
11. Section 4:
Repeal the section, substitute:
Definition of decision made by a trustee, insurer or another decision-
maker
"4. For the purposes of this Act, a trustee, an insurer or another
decision-maker, makes a decision if:
(a) the trustee, insurer or other decision-maker, or a person acting
for the trustee, insurer or other decision-maker, makes, or fails to
make, a decision; or
(b) the trustee, insurer or other decision-maker, or a person acting
for the trustee, insurer or other decision-maker, engages in any
conduct, or fails to engage in any conduct, in relation to making a
decision.".

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12. After section 5:
Insert in Part 1:
Severable operation of Act so far as complaints concerning death
benefits are concerned
"5A. Without limiting its effect apart from this section, this Act
also has the effect it would have if the power of the Tribunal to
review a complaint under section 14 about a decision of a trustee of a
regulated superannuation fund relating to the payment of a death
benefit in respect of a deceased member of the fund were confined to a
power to review a complaint about: (a) a decision of a trustee
if the trustee is a constitutional corporation; or
(b) a decision of a trustee if the benefit is provided under a
contract of insurance with the trustee; or
(c) a decision of a trustee if the benefit is:
(i) an invalid or old age pension within the meaning of section
51(xxiii) of the Constitution; or
(ii) a lump sum representing the commutation of an entitlement to
such a pension; or
(iii) a lump sum representing the money in the fund comprising an
accumulation of the contributions paid for the purpose of providing
such a pension together with accumulated earnings at the time of
payment of the lump sum.".
13. Subsection 7(1):
Omit the subsection, substitute:
"(1) The Tribunal consists of a Chairperson, a Deputy Chairperson and
not fewer than 7 nor more than 10 other members.".
14. After subsection 7(2):
Insert:
"(2A) The Tribunal Deputy Chairperson is to be appointed by the
Governor-General and holds office on a full-time basis.".
15. Subsection 7(3):
After "Chairperson" insert "and Deputy Chairperson".
16. Subsection 8(1):
Omit the subsection.
17. Subsection 8(2):
Add at the end "or Deputy Chairperson".
18. Paragraph 8(3)(a):
After "Chairperson" insert "or Deputy Chairperson".
19. Subsection 8(4):
After "Chairperson" insert "and Deputy Chairperson".
20. Subsection 9(1):
Omit the subsection, substitute:
"(1) Subject to section 10, for the purposes of the performance or
exercise of its functions or powers under this Act in relation to a
particular complaint, the Tribunal is to be constituted either:
(a) by the Tribunal Chairperson and 2 other Tribunal members (one of
whom may be the Tribunal Deputy Chairperson) selected by the Tribunal
Chairperson; or
(b) by the Tribunal Deputy Chairperson and 2 other Tribunal members
selected by the Tribunal Chairperson.".
21. Subsection 9(2):
After "the other Tribunal members," insert ", whether including the
Tribunal Deputy Chairperson or not, to constitute the Tribunal for the
purposes of a particular complaint,".
22. Subsections 9(3) and (4):
Omit the subsections, substitute:
"(3) The Tribunal Chairperson is to preside at all meetings of the
members constituting the Tribunal at which the Chairperson is present.
"(3A) The Tribunal Deputy Chairperson is to preside at all meetings
of the members constituting the Tribunal at which the Tribunal Deputy
Chairperson, but not the Tribunal Chairperson, is present.
"(4) The conduct of a meeting referred to in subsection (3) or (3A)
is to be determined by the person presiding in accordance with
procedural rules established by the Tribunal Chairperson.".
23. Subsection 10(1):
(a) Omit "must", substitute "and Deputy Chairperson must each".
(b) Omit "that the Tribunal Chairperson", substitute "that he or
she".
24. Subsection 10(2):
Omit the subsection, substitute:
"(2) If a notice given by the Tribunal Chairperson under subsection
(1) discloses a direct or indirect financial interest in relation to a
particular complaint, another member, who may or may not be the
Tribunal Deputy Chairperson, is to replace the Tribunal Chairperson in
relation to that complaint.
"(2A) If a notice given by the Tribunal Deputy Chairperson under
subsection (1) discloses a direct or indirect financial interest in
relation to a particular complaint, another member, who may or may not
be the Tribunal Chairperson, is to replace the Tribunal Deputy
Chairperson in relation to that complaint.".

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25. Section 11:
Omit "of the trustees", substitute "or conduct".
26. Section 12:
Omit "of the trustee", substitute "or conduct".
27. Subsection 14(1):
Insert:
"(1A) This section does not apply to a decision of a trustee to admit
a person as a member of a life policy fund.".
28. Subsection 14(2):
Omit all words from and including "decision", substitute "decision is
or was unfair or unreasonable".
29. After subsection 14(2):
Insert:
"Note: Although a complaint is about the decision of a trustee, the
Tribunal may join an insurer or other person as a party to the
complaint (see subsection 18(1)). The Tribunal may then review any
decision of a person joined as a party that may be relevant to the
complaint.".
30. Paragraph 14(3)(a):
Omit "a benefit", substitute "a death benefit".
31. Subsection 14(3):
After "a complaint" insert "under this section".
32. Subsection 14(4):
After "a complaint" insert "under this section".
33. Subsection 14(5):
After "a complaint" insert "under this section".
34. Subsection 14(6):
After "a complaint" insert "under this section".
35. After subsection 14(6):
Insert:
"(6A) The Tribunal cannot deal with a complaint under this section
about a decision of a trustee relating to the payment of a disability
benefit because of total and permanent disability unless:
(a) the decision is made on or after 1 November 1994; and
(b) the complaint is made within a period of one year after the
making of the decision to which the complaint relates.
"(6B) The Tribunal cannot deal with a complaint under this section
about a decision of a trustee relating to the payment of a disability
benefit because of total and permanent disability if:
(a) before the making of the decision, the person permanently ceased
particular employment (whether before or after commencement of this
subsection) because of the physical or mental condition that gave rise
to the claim for disability benefit; and
(b) the claim was not lodged, or is not lodged, with the trustee,
within one year after the person permanently ceased that employment.
"(6C) Without limiting the meaning of a decision of a trustee
relating to the payment of a disability benefit in any other provision
of this Act, that expression means, for the purposes of subsections
(6A) and (6B), the original decision of the trustee in relation to the
matter.
"(6D) For the purposes of subsection (6C), if, as a result of a
complaint about the original decision of the trustee under arrangements
made under section 101 of the Supervision Act, the original decision
was confirmed or varied, or another decision was substituted for the
original decision:
(a) the decision as so confirmed or varied, or the substituted
decision, is taken to be the original decision; and
(b) the decision as so confirmed or varied, or the substituted
decision, is taken to have been made at the time when the original
decision was made.".
Note: The heading to section 14 is altered by inserting "about
decisions of trustees other than decisions to admit persons to life
policy funds" after "Complaints".
36. After section 14:
Insert:
Complaints about decisions of trustees to admit persons to life policy
funds
"14A.(1) A person who has, or claims to have, an interest in a life
policy fund, either as a member of the fund who is covered by a life
policy maintained by the trustee or as a person claiming through such a
member, may complain that the decision of the trustee to admit the
member to the fund was unfair or unreasonable.
Note: Although a complaint is about the decision of a trustee, the
Tribunal may join the insurer and any other person as well, as parties
to the complaint (see subsection 18(2)).
"(2) For the purposes of subsection (1), the conduct of an insurer,
or a representative of an insurer, in relation to dealings preliminary
to the admission of a person as a member of a life policy fund is
relevant to determining whether the trustee's decision to admit the
person as such a member was unfair or unreasonable.

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"(3) A complaint under this section is to be made by sending or
delivering a written complaint to the office of the Tribunal.
"(4) When a complaint is made under this section, the Tribunal must,
in determining whether the decision of the trustee to admit a person to
a life policy fund was fair and reasonable, have regard, in particular,
to the question whether that decision involved:
(a) undue influence or pressure on the person; or
(b) material misrepresentation made to the person;
in relation to becoming a member of the fund.
"(5) For the purposes of subsection (4), the Tribunal may take into
account:
(a) the age, physical and mental condition, educational attainments
and financial means of the person admitted to the fund; and
(b) the relative bargaining positions of the trustee and the person
admitted to the fund or of any person acting for either of them; and
(c) the insurance and personal superannuation needs of the person
admitted to the fund and of any other person having, or claiming to
have, an interest in the fund as known to, or reasonably ascertainable
by, the trustee or any person acting for the trustee; and
(d) the importance of ensuring that trustees act with fairness,
openness and propriety in relation to invitations to become members of
life policy funds and take reasonable steps to ensure that any persons
acting for them also act with fairness, openness and propriety in
relation to such matters; and
(e) the objects of this Act; and
(f) any other matter that the Tribunal considers relevant.
"(6) For the purposes of subsection (5), a reference to a person
acting for the trustee of a life policy fund includes a reference to an
insurer, or a representative of an insurer, when engaged in any
dealings preliminary to the admission of a person as a member of the
fund.".

37. Subsection 15(1):
After "a complaint" insert "under section 14".
38. Paragraph 15(1)(a):
Omit "a benefit", substitute "a death benefit".
39. Paragraph 15(1)(b):
Omit "a benefit", substitute "a death benefit".
40. Subsection 15(2):
Omit "a benefit", substitute "a death benefit".
Note: The heading to section 15 is altered by adding "under section 14"
after "complaint".
41. After section 15:
Insert:
Complaints about conduct of insurers concerning sale of annuity
policies
"15A.(1) A person who has, or claims to have, an interest in an
annuity policy may complain to the Tribunal that the conduct of the
insurer, or of a representative of the insurer, in respect of the sale
of the policy, was unfair or unreasonable.
"(2) A complaint under this section is to be made by sending or
delivering a written complaint to the office of the Tribunal.
"(3) When a complaint is made under this section concerning the
conduct of the insurer, or of a representative of the insurer, in
respect of the sale of an annuity policy, the Tribunal must, in
determining whether the conduct of the insurer or of a representative
of the insurer was unfair or unreasonable, have regard, in particular,
to the question whether that conduct involved:
(a) undue influence or pressure on the insured; or
(b) material misrepresentation made to the insured;
in relation to the sale of the policy.
"(4) For the purposes of subsection (3), the Tribunal may take into
account:
(a) the age, physical and mental condition, educational attainments
and financial means of the insured; and
(b) the relative bargaining positions of the insurer or the insurer's
representative and of the insured or any person acting for the insured;
and
(c) the insurance and personal superannuation needs of the insured or
of any other person having, or claiming to have, an interest in the
policy as known to, or reasonably ascertainable by, the insurer or the
insurer's representative; and
(d) the importance of ensuring that insurers act with fairness,
openness and propriety in relation to the sale of interests in annuity
policies and take reasonable steps to ensure that their representatives
also act with fairness, openness and propriety in relation to the sale
of such interests; and
(e) the objects of this Act; and
(f) any other matter that the Tribunal considers relevant.
Note: See section 3 for the definition of annuity policy.
Complaints about decisions of insurers under annuity policies

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"15B.(1) Subject to subsection (3) and to section 15C, a person may,
at any time, complain to the Tribunal that a decision of the insurer
under an annuity policy is or was unfair or unreasonable.
"(2) If a person is given a notice by an insurer in respect of an
annuity policy setting out:
(a) the insurer's decision in relation to the person's objection to
the proposed payment of a death benefit under the policy; and
(b) the prescribed period within which the person must complain to
the Tribunal about the decision;
the person may only complain to the Tribunal within that period.
"(3) The Tribunal cannot deal with a complaint under this section
that must be made within the prescribed period referred to in
subsection (2) if the complaint is not made within that period.
"(4) The Tribunal cannot deal with a complaint under this section
unless the decision relates to a matter that is particular to the
complainant.
"(5) A complaint under this section is to be made by sending or
delivering a written complaint to the office of the Tribunal.
"(6) When a complaint is made under this section about a decision of
an insurer under an annuity policy, the Tribunal must, in determining
whether that decision is or was unfair or unreasonable, have regard, in
particular:
(a) to the seriousness of any failure to discharge an obligation
under the terms of the policy; and
(b) to any action taken by the insurer that is contrary to the best
interests of the insured or any other person having an interest under
the policy.
Note: See section 3 for the definition of annuity policy.
Who may make a complaint under section 15B
"15C.(1) A person may make a complaint under section 15B concerning a
decision of an insurer under an annuity policy only if:
(a) in the case of a decision that relates to the payment of a death
benefit:
(i) the person has an interest in the benefit; or
(ii) the person claims to be, or to be entitled to benefits
through, a person referred to in subparagraph (i); or
(iii) the person is acting for a person referred to in subparagraph
(i) or (ii); or
(b) in the case of a decision that does not relate to the payment of
a death benefit the person is:
(i) a person having an interest in the annuity policy; or
(ii) a person acting for a person referred to in subparagraph (i).
"(2) A person does not have an interest in a death benefit for the
purposes of paragraph (1)(a) unless:
(a) the person:
(i) has been given written notice by the insurer of the proposed
payment of the benefit; and
(ii) has been given written notice by the insurer of the prescribed
period within which the person may object; and
(iii) has objected to the insurer within the prescribed period; or
(b) the person has not been notified by the insurer of the proposed
payment of the benefit and the failure to notify was unreasonable; or
(c) the person has been notified by the insurer of the proposed
payment of the benefit but was not notified of the prescribed period to
object to the payment; or
(d) the person has been notified by the insurer of the proposed
payment of the benefit but was notified of a period less than the
prescribed period for the purposes of subparagraph (a)(ii).
Tribunal cannot deal with certain complaints
"15D.(1) The Tribunal cannot deal with a complaint under section 14A,
15A or 15B to the extent that it relates to excluded subject matter.
"(2) The Tribunal cannot deal with a complaint under section 14A
unless the complainant, or the person through whom the complainant
claims to have an interest in the life policy fund to which the
complaint relates, was admitted to the fund on or after the day on
which the Superannuation Industry (Supervision) Legislation Amendment
Act 1995 receives the Royal Assent (the Assent day).
"(3) Subsection (2) does not imply that if a person was admitted as a
member of a life policy fund (however described) before the Assent day,
that person, or a person claiming an interest in the fund through the
first-mentioned person, cannot make a complaint under section 14,
whether before, on or after that day, about the decision of the trustee
to admit the first-mentioned person as a member of the fund.
"(4) The Tribunal cannot deal with a complaint under section 15A
unless the interest of the complainant, or of the person through whom
the complainant claims to have that interest, in the annuity policy to
which the complaint relates:
(a) was acquired on or after the Assent day; or
(b) was varied on or after the Assent day whether or not it was
acquired on or after that day.

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"(5) The Tribunal cannot deal with a complaint under section 15B
unless the interest of the complainant, or of the person through whom
the complainant claims to have that interest, in the annuity policy to
which the complaint relates, was acquired on or after the Assent day.
Note: See section 3 for the definition of excluded subject matter.".
42. Section 17:
Repeal the section, substitute:
Notification procedures on receipt of a complaint
"17.(1) If the complainant sends or delivers a complaint under
section 14 or 14A to an office of the Tribunal, the Tribunal must:
(a) by notice in writing given to the complainant, acknowledge
receipt of the complaint; and
(b) by notice in writing given to the trustee concerned:
(i) tell the trustee that a complaint has been made to the Tribunal
and identify the complainant; and
(ii) give details of the complaint; and
(iii) tell the trustee of the trustee's obligations under section
24.
"(2) If the complainant sends or delivers a complaint under section
15A or 15B to an office of the Tribunal, the Tribunal must:
(a) by notice in writing given to the complainant, acknowledge
receipt of the complaint; and
(b) by notice in writing given to the insurer concerned:
(i) tell the insurer that a complaint has been made to the Tribunal
and identify the complainant; and
(ii) give details of the complaint; and
(iii) tell the insurer of the insurer's obligations under section
24.
Notification procedures relating to other persons joined or seeking to
be joined as parties "17A.(1) If:
(a) a person has made a complaint under section 14; and
(b) the Tribunal decides, under subsection 18(1), that an insurer or
other decision-maker or any other person should be joined as a party to
the complaint;
the Tribunal must, by notice in writing given to the new party and to
all of the existing parties to the complaint:
(c) tell them that it has so decided and of its reasons for so
deciding; and
(d) tell the new party of the party's obligations under section 24.
"(2) If:
(a) a person has made a complaint under section 14A; and
(b) the Tribunal decides, under subsection 18(2), that an insurer or
other person should be joined as a party to the complaint;
the Tribunal must, by notice in writing given to the new party and to
all of the existing parties to the complaint:
(c) tell them that it has so decided and of its reasons for so
deciding; and
(d) tell the new party of the party's obligations under section 24.
"(3) If:
(a) a person has made a complaint under section 15A or 15B; and
(b) the Tribunal decides, under subsection 18(3), that a person
should be joined as a party to the complaint;
the Tribunal must, by notice in writing given to the new party and to
all of the existing parties to the complaint:
(c) tell them that it has so decided and of its reasons for so
deciding; and
(d) tell the new party of the party's obligations under section 24.
"(4) If:
(a) a person has made a complaint under section 14, 14A, 15A or 15B;
and
(b) a person has applied to be made a party to the complaint (whether
under section 24A or otherwise); and
(c) the Tribunal decides that the person does not have a sufficient
interest to be joined under paragraph 18(1)(e), (2)(d) or (3)(c), as
the case requires, as a party to the complaint;
the Tribunal must, by notice in writing given to the applicant, tell
the applicant that it has so decided and of its reasons for so
deciding.".
43. Section 18:
(a) After "a complaint" insert "under section 14".
(b) Omit paragraph (c), substitute:
"(c) if the subject matter of the complaint relates to a death
benefit or a disability benefit under a contract of insurance between
the trustee and an insurer and the Tribunal decides that the insurer
should be a party to the complaint-the insurer; and
(d) if the subject matter of the complaint relates to a disability
benefit (whether under a contract of insurance or otherwise) and the
Tribunal decides that a person other than a trustee or insurer is
responsible for determining either or both of the existence and the
extent of the disability (whether total and permanent or otherwise)-

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that person; and
(e) if any other person has applied to the Tribunal to be made a
party to the complaint (whether under section 24A or otherwise) and the
Tribunal decides that the person should be a party to the complaint-
that person.".
(c) Add at the end:
"(2) The parties to a complaint under section 14A concerning a
decision to admit a person to a life policy fund are:
(a) the complainant; and
(b) the trustee; and
(c) if the Tribunal decides that the insurer who issued to the
trustee a life policy covering the life of the person to whom the
complaint relates should be a party to the complaint-the insurer; and
(d) if any other person has applied to the Tribunal to be made a
party to the complaint (whether under section 24A or otherwise) and the
Tribunal decides that the person should be a party to the
complaint-that person.
"(3) The parties to a complaint under section 15A or 15B are:
(a) the complainant; and
(b) the insurer; and
(c) if any other person has applied to the Tribunal to be made a
party to the complaint (whether under section 24A or otherwise) and the
Tribunal decides that the person should be a party to the complaint-
that person.
"(4) Nothing in this section implies that a person cannot be joined
under this section as a party to a complaint after the Tribunal has
started to deal with the complaint.". 44. Section 19:
Omit "deal with a complaint", substitute "deal with a complaint under
section 14 or 14A".
45. Section 19:
Add at the end:
"(2) The Tribunal cannot deal with a complaint under section 15A or
15B unless the complainant satisfies the Tribunal that the complainant
has made all reasonable efforts to have the complaint resolved by the
insurer under the annuity policy to which the complaint relates.".
Note: The heading to section 19 is altered by omitting all the words
after "complaint" and substituting "unless the complainant has
attempted to have the matter resolved".
46. Paragraph 22(2)(b):
Omit the paragraph, substitute:
"(b) the other party, or each of the other parties, to the
complaint;".
47. Paragraph 22(3)(a):
Omit the paragraph, substitute:
"(a) if the complaint has been made to the Tribunal and relates to a
decision or conduct (other than a decision of a trustee to pay a
disability benefit because of total and permanent disability)-more than
12 months have elapsed since the decision complained of was made or the
conduct complained of was undertaken; or".
48. Paragraph 22(3)(c):
Omit the paragraph, substitute:
"(c) if a remedy has been sought from some other body in relation to
the subject matter of the complaint-the Tribunal thinks that the
subject matter of the complaint has been, or is likely to be, dealt
with by that body;".
49. Subsection 22(4):
Omit the subsection, substitute:
"(4) If the Tribunal decides to treat a complaint as withdrawn under
subsection (3), the Tribunal must give notice in writing of that
decision and of the reasons for that decision:
(a) to the complainant; and
(b) to the other party, or each of the other parties, to the
complaint.".
50. After section 22:
Insert:
Tribunal may refer complaint or part complaint to other complaint-
handling body
"22A.(1) If, in relation to a complaint or a part of a complaint, the
Tribunal is satisfied that another body (other than a court) having
power to deal with the complaint or that part of the complaint is
prescribed for the purpose of this subsection:
(a) subject to section 63, the Tribunal may refer the complaint or
that part of the complaint to that body; and
(b) if it does so, must inform the parties to the complaint, in
writing, accordingly.
Note: Under section 63 the consent of the complainant will normally be
required before a referral takes place.
"(2) If the Tribunal refers a complaint or a part of a complaint made
to it to another body, the complaint to the Tribunal is treated, on
being so referred, as having been withdrawn or as having been withdrawn

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to the extent that it is so referred.".

51. Section 23:
Repeal the section, substitute:
Right to representation in relation to a complaint
"23.(1) If a party to a complaint is a body corporate or
unincorporate, the party may be represented by a responsible officer of
the body.
"(2) If:
(a) a party to a complaint is not a body corporate or unincorporate;
and
(b) the Tribunal is satisfied that the party cannot adequately act on
his or her own behalf because he or she has a disability;
the party may be represented by an agent.
"(3) If a party to a complaint is not entitled to be represented
under subsection (1) or (2), the party must, unless the Tribunal allows
the party to be represented by an agent because the Tribunal considers
it necessary in all the circumstances, act on his or her own behalf.
"(4) In this section:
disability, in relation to a person, has the same meaning as in the
Disability Discrimination Act 1992.".
52. Section 24:
Repeal the section, substitute:
Giving material documents to the Tribunal
"24.(1) Subject to subsection (4), if, in relation to a complaint
under section 14, 14A, 15A or 15B, a trustee or insurer is notified
under section 17 of the making of the complaint, the trustee or insurer
must, within 28 days after receiving the notice or such longer period
as the Tribunal allows, give to the Tribunal a copy of all documents or
parts of documents:
(a) that are in the possession, or under the control, of the trustee
or insurer; and
(b) that are considered by the trustee or insurer to be relevant to
the complaint.
"(2) Subject to subsection (4), if, in relation to a complaint under
section 14, an insurer or other decision-maker is notified under
subsection 17A(1) that the insurer or other decision-maker has been
joined under section 18 as a party to the complaint, the insurer or
other decision-maker must, within 28 days after receiving notice of the
joinder, or such longer period as the Tribunal allows, give to the
Tribunal a copy of all documents or parts of documents:
(a) that are in the possession, or under the control, of the insurer
or other decision-maker; and
(b) that are considered by the insurer or other decision-maker to be
relevant to the complaint.
"(3) Subject to subsection (4), if, in relation to a complaint under
section 14A, an insurer is notified under subsection 17A(2) that the
insurer has been joined under section 18 as a party to the complaint,
the insurer must, within 28 days after receiving notice of the joinder,
or such longer period as the Tribunal allows, give to the Tribunal a
copy of all documents or parts of documents:
(a) that are in the possession or under the control of the insurer;
and
(b) that are considered by the insurer to be relevant to the
complaint.
"(4) The Tribunal may, on a request being made by the trustee, an
insurer or another decision-maker, allow the trustee, insurer or other
decision-maker to give a summary of all documents or relevant parts of
documents referred to in subsection (1), (2) or (3), as the case
requires, within the period allowed by the Tribunal for the purpose.
"(5) A request under subsection (4) must be made within the period
allowed for giving the Tribunal copies of documents or parts of
documents under subsection (1), (2) or (3) or such longer period as the
Tribunal allows under that subsection.
"(6) If:
(a) in relation to a complaint under section 14, a person other than
an insurer or other decision-maker is notified under subsection 17A(1);
or
(b) in relation to a complaint under section 14A, a person other than
an insurer is notified under subsection 17A(2); or
(c) in relation to a complaint under section 15A or 15B, a person is
notified under subsection 17A(3);
that the person has been joined as a party to the complaint, the
Tribunal may, by notice in writing given to the person before, or
while, the complaint is being dealt with, require the person to give to
the Tribunal, within a period specified in the notice or such longer
period as the Tribunal allows, copies of such documents relevant to the
complaint as the Tribunal specifies in the notice.
"(7) The trustee, insurer, other decision-maker or any other person
joined as a party to the complaint, must not intentionally or
recklessly refuse or fail to comply with this section.

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Penalty: Imprisonment for 6 months.".
53. After section 24:
Insert:
Other parties may join a complaint
"24A.(1) If:
(a) a complaint under section 14 has been made concerning a decision
of the trustee; and
(b) the decision complained of concerns the payment of a death
benefit;
then, within 28 days or such longer period as the Tribunal allows after
the trustee receives notice of the complaint under subsection 17(1),
the trustee must give written notice in accordance with subsection (3)
to all persons (other than the complainant) whom the trustee believes
may have an interest in the outcome of the complaint.
Penalty: Imprisonment for 1 year.
"(2) If:
(a) a complaint under section 15B has been made concerning a decision
of an insurer; and
(b) the decision complained of concerns the payment of a death
benefit;
the insurer must, within 28 days or such longer period as the Tribunal
allows after the insurer receives a notice of the complaint under
subsection 17(2), give written notice in accordance with subsection (3)
to all persons (other than the complainant) whom the insurer believes
may have an interest in the outcome of the complaint.
Penalty: Imprisonment for 1 year.
"(3) A notice under subsection (1) or (2) must inform each of the
persons to whom the notice relates:
(a) that a complaint has been received by the Tribunal; and
(b) of the details of the complaint; and
(c) that to become a party to the complaint, the person must, within
28 days of the giving of the notice, or within such further period as
the Tribunal allows, apply to the Tribunal to be made a party to the
complaint.
"(4) If a trustee or insurer is required under subsection (1) or (2),
as the case requires, to give a person notice relating to a complaint,
the trustee or insurer must, at the same time as that notice is given,
by notice in writing inform the Tribunal of:
(a) the names of the person to whom it has given the notice; and
(b) the period within which, unless the Tribunal allows a further
period, an application by the person to be joined as a party to the
complaint must be made; and
(c) either:
(i) if the trustee or insurer has the address and telephone number
at which the person can be contacted-that address and telephone number;
or
(ii) if the trustee or insurer does not have those details but has
other details that would enable the Tribunal to contact the person-
those other details. "(5) If:
(a) a person has been informed that to become a party to a complaint
the person must apply to the Tribunal within a particular period; and
(b) the person does not so apply within that period;
the person may not, unless the Tribunal otherwise decides, be joined as
a party to the original complaint.
"(6) A person, other than a person given a notice under this section,
who considers that he or she is affected by:
(a) a decision that is the subject of a complaint under section 14,
14A or 15B; or
(b) conduct that is the subject of a complaint under section 15A;
may, at any time before, or during, the period while the complaint is
being dealt with, make a request in writing, to the Tribunal, to be
joined under section 18 as a party to the complaint.". 54. Subsection
25(1):
Omit "to the trustee signed by the Tribunal Chairperson, require the
trustee", substitute "signed by the Tribunal Chairperson and given to a
person who has produced copies of documents or summaries of documents
under section 24, require the person".
55. Subsection 25(2):
(a) Omit "believe that the trustee", substitute "believe that the
person whose decision or conduct, or whose representative's conduct,
was complained of".
(b) Omit "to the trustee", substitute "to the person".
(c) Omit "require the trustee", substitute "require the person".
56. Paragraph 25(2)(a):
Omit the paragraph, substitute:
"(a) to give the Tribunal, by writing signed by the person, or, if
the person is a constitutional corporation, by an officer of the
constitutional corporation, any such information; or". 57. Subsection
25(3):
Omit "the trustee", substitute "the person whose decision or conduct,

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or whose representative's conduct, was complained of".
58. Subsection 26(1):
Omit the subsection, substitute:
"(1) Subject to this section, making a complaint under section 14 to
the Tribunal concerning a decision of a trustee does not affect the
operation of the decision, or, if an insurer or other decision-maker is
joined as a party to the complaint, of a decision of the insurer or
other decision-maker, or prevent the taking of action to implement any
such decision.
"(1A) Subject to this section, making a complaint under section 15B
to the Tribunal concerning a decision of an insurer under an annuity
policy does not affect the operation of the decision of the insurer or
prevent the taking of action to implement any such decision.".
59. Subsection 26(2):
(a) Omit "a complainant", substitute "a person making a complaint
under section 14".
(b) Omit "to which the complaint relates", substitute "of the trustee
concerned, or, if appropriate, of an insurer or other decision-maker
whose decision is relevant to the subject matter of the complaint".
60. After subsection 26(2):
Insert:
"(2A) The Tribunal may, on a request being made by a person making a
complaint under section 15B concerning a decision of an insurer under
an annuity policy, if it thinks it is desirable to do so after taking
into account the interests of any persons who may be affected by the
request, make such order or orders staying or otherwise affecting the
operation or implementation of the whole or part of a decision of the
insurer.".
61. Subsection 26(3):
After "(2)" insert "or (2A)".
62. Paragraph 26(4)(a):
Omit "subsection (2) unless the trustee", substitute "subsection (2) or
(2A) unless the relevant decision-maker".
63. Paragraph 26(4)(b):
After "(2)" (wherever occurring) insert "or (2A)".
64. Subparagraph 26(4)(b)(ii):
Omit the subparagraph, substitute:
"(ii) the decision-maker concerned; and".
65. Subsection 26(5):
After "(2)" insert "or (2A)".
66. Heading to Part 6:
Insert "OR CONDUCT COMPLAINED OF" after "DECISIONS".
67. Heading to Division 2 of Part 6:
Insert "or conduct" after "decision".
68. Section 36:
(a) Insert "or conduct" after "reviewing a decision".
(b) Omit "a review of a decision", substitute "the review".
69. Section 37:
Repeal the section, substitute:
Tribunal powers-complaints under section 14
"37.(1) For the purpose of reviewing a decision of the trustee of a
fund that is the subject of a complaint under section 14:
(a) the Tribunal has all the powers, obligations and discretions that
are conferred on the trustee; and
(b) subject to subsection (6), must make a determination in
accordance with subsection (3).
"(2) If an insurer or other decision-maker has been joined as a party
to a complaint under section 14:
(a) the Tribunal must, when reviewing the trustee's decision, also
review any decision of the insurer or other decision-maker that is
relevant to the complaint; and
(b) for that purpose, has all the powers, obligations and discretions
that are conferred on the insurer or other decision-maker; and
(c) subject to subsection (6), must make a determination in
accordance with subsection (3).
"(3) On reviewing the decision of a trustee, insurer or other
decision-maker that is the subject of, or relevant to, a complaint
under section 14, the Tribunal must make a determination in writing:
(a) affirming the decision; or
(b) remitting the matter to which the decision relates to the
trustee, insurer or other decision-maker for reconsideration in
accordance with the directions of the Tribunal; or
(c) varying the decision; or
(d) setting aside the decision and substituting a decision for the
decision so set aside.
"(4) The Tribunal may only exercise its determination-making power
under subsection (3) for the purpose of placing the complainant as
nearly as practicable in such a position that the unfairness,
unreasonableness, or both, that the Tribunal has determined to exist in
relation to the trustee's decision that is the subject of the complaint

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no longer exists.
"(5) The Tribunal must not do anything under subsection (3) that
would be contrary to law, to the governing rules of the fund concerned
and, if a contract of insurance between an insurer and trustee is
involved, to the terms of the contract.
"(6) The Tribunal must affirm a decision referred to under subsection
(3) if it is satisfied that the decision, in its operation in relation
to:
(a) the complainant; and
(b) so far as concerns a complaint regarding the payment of a death
benefit-any person (other than the complainant, a trustee, insurer or
decision-maker) who:
(i) has become a party to the complaint; and
(ii) has an interest in the death benefit or claims to be, or to be
entitled to benefits through, a person having an interest in the death
benefit;
was fair and reasonable in the circumstances.
Tribunal powers-complaints under section 14A
"37A.(1) For the purpose of reviewing the decision of a trustee that
is the subject of a complaint under section 14A:
(a) the Tribunal has all the powers, obligations and discretions that
are conferred on the trustee; and
(b) subject to subsection (7), must make a determination in relation
to the trustee's decision in accordance with subsection (2).
"(2) On reviewing the decision of the trustee that is the subject of
a complaint under section 14A, the Tribunal must make a determination
in writing:
(a) affirming the decision; or
(b) remitting the matter to which the decision relates to the trustee
for reconsideration in accordance with the Tribunal's directions; or
(c) varying the decision; or
(d) setting aside the decision and substituting a decision for the
decision so set aside.
"(3) If an insurer has been joined as a party to a complaint under
section 14A, the determination of the Tribunal must also, so far as
concerns the life policy covering the person to whom the complaint
relates, either:
(a) do all or any of the following:
(i) set aside the whole or a part of the policy in its application
to the complainant;
(ii) vary the terms of the policy in their application to the
complainant;
(iii) require any party to the policy to repay all money or
particular money received under the policy, together with interest
worked out in the manner prescribed in the regulations; or
(b) declare that, in all the circumstances of the case, action of a
kind referred to in paragraph (a) is not appropriate.
"(4) If the Tribunal grants any of the remedies mentioned in
paragraph (3)(a), the Tribunal may, for the sole purpose of
facilitating the effective operation of the remedy concerned in
relation to the complaint, do all or any of the following:
(a) cancel the complainant's membership of the fund to which the
complaint relates or of any sub-plan of the fund;
(b) vary the governing rules of the fund in their application to the
complainant;
(c) require one or both of the complainant and the trustee to repay
all or any money received in relation to the fund together with
interest worked out in the manner prescribed in the regulations.

"(5) The Tribunal may only exercise its powers in subsections (2),
(3) and (4) for the purpose of placing the complainant as nearly as
practicable in such a position that the unfairness, unreasonableness,
or both, that the Tribunal has determined to exist in relation to the
trustee's decision that is the subject of the complaint under section
14A no longer exists.
"(6) The Tribunal must not do anything under subsection (2) that
would be contrary to law or, subject to paragraph (4)(b), to the
governing rules of the fund.
"(7) The Tribunal must:
(a) affirm a decision mentioned in subsection (2); and
(b) if an insurer has been joined as a party to the complaint
relating to the decision-make a declaration under paragraph (3)(b);
if it is satisfied that the decision, in its operation in relation to
the complainant, was fair and reasonable in all the circumstances.
Tribunal powers-complaints under section 15A
"37B.(1) For the purpose of reviewing the conduct of an insurer, or
of a representative of an insurer, that is the subject of a complaint
under section 15A concerning the sale of an annuity policy:
(a) the Tribunal has all the powers, obligations and discretions that
are conferred on the insurer; and
(b) subject to subsection (4), must make a determination in

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accordance with subsection (2).
"(2) On reviewing the conduct of an insurer, or of a representative
of an insurer that is the subject of a complaint under section 15A, the
Tribunal must make a determination in writing, so far as concerns the
annuity policy to which the complaint relates, either:
(a) doing all or any of the following:
(i) setting aside the whole or a part of the policy in its
application to the complainant;
(ii) varying the terms of the policy in their application to the
complainant;
(iii) requiring any party to the policy to repay all money or
particular money received under the policy together with interest
worked out in a manner prescribed in the regulations; or
(b) declaring that, in all the circumstances of the case, action of a
kind referred to in paragraph (a) is not appropriate.
"(3) The Tribunal may only exercise its determination-making power
under subsection (2) for the purpose of placing the complainant as
nearly as practicable in such a position that the unfairness,
unreasonableness, or both, that the Tribunal has determined to exist in
relation to the conduct of the insurer, or of a representative of the
insurer that is the subject of the complaint no longer exists.
"(4) The Tribunal must not make a determination under subsection (2)
to take action of a kind referred to in paragraph (2)(a) in respect of
a complaint under section 15A concerning the conduct of an insurer or
of a representative of an insurer, if the Tribunal is of the view that
the conduct of the insurer, or of the insurer's representative, was
fair and reasonable in all the circumstances.
Tribunal powers-complaints under section 15B
"37C.(1) For the purpose of reviewing the decision of an insurer
under an annuity policy where that decision is the subject of a
complaint under section 15B:
(a) the Tribunal has all of the powers, obligations and discretions
that are conferred on the insurer; and
(b) subject to subsection (5), must make a determination in
accordance with subsection (2).
"(2) On reviewing a decision of an insurer under an annuity policy
that is subject to a complaint under section 15B, the Tribunal must
make a determination in writing:
(a) affirming the decision; or
(b) remitting the matter to which the decision relates to the insurer
for reconsideration in accordance with the directions of the Tribunal;
or
(c) varying the decision; or
(d) setting aside the decision and substituting a decision for the
decision so set aside.
"(3) The Tribunal may only exercise its determination-making power
under subsection (2) for the purpose of placing the complainant as
nearly as practicable in such a position that the unfairness,
unreasonableness, or both, that the Tribunal has determined to exist in
relation to the conduct of the insurer, or of a representative of the
insurer that is the subject of the complaint no longer exists.
"(4) The Tribunal must not do anything under subsection (2) that
would be contrary to law or to the provisions of the annuity policy.
"(5) The Tribunal must affirm a decision referred to in subsection
(2) if it is satisfied that the decision, in its operation in relation
to:
(a) the complainant; and
(b) so far as concerns a complaint regarding the payment of a death
benefit-any person (other than the complainant, insurer or a trustee)
who:
(i) has become a party to the complaint; and
(ii) has an interest in the death benefit or claims to be or to be
entitled to benefits through, a person having an interest in the death
benefit;
was fair and reasonable in all the circumstances.".
70. Transitional


(1) If:
(a) a complaint has been made under section 14 of the Superannuation
(Resolution of Complaints) Act 1993 (the Principal Act) as in force at
any time before the day on which this Act receives the Royal Assent;
and
(b) the Tribunal had, by that day, not commenced or had commenced but
not completed, a review of that complaint;
then, for the purpose of undertaking, or completing, a review of that
complaint on and after that day:
(c) the complaint is treated as if it had been made under the
Principal Act as amended by this Act; and
(d) any procedural step taken under the Principal Act in relation to
that complaint is treated as if it were the equivalent procedural step

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taken under the Principal Act as amended by this Act.


(2) If a determination has been made under section 37 of the
Principal Act in relation to a complaint, that determination is
treated, on and after the day on which this Act receives the Royal
Assent, as if it were a determination made in respect of the complaint
under the Principal Act as amended by this Act.
71. Subsection 41(3):
Omit the subsection, substitute:
"(3) A decision of a trustee, insurer or other decision-maker as
varied by the Tribunal, or a decision made by the Tribunal in
substitution for a decision of a trustee, insurer or other decision-
maker:
(a) is, for all purposes (other than the making of a complaint about
the decision) taken to be a decision of a trustee, insurer or other
decision-maker concerned; and
(b) on the coming into operation of the determination by the
Tribunal, unless the Tribunal otherwise orders, has effect, and is
taken to have had effect, on and from the day on which the original
decision has or had effect.
72. Section 43:
After "Chairperson" insert "or Deputy Chairperson".
73. Subsection 44(2):
Omit "The Tribunal", substitute "If the determination was made as a
result of a section 14 complaint, the Tribunal".
74. Subsection 44(3):
(a) Omit "The trustee", substitute "A trustee or insurer".
(b) Omit "under subsection (2)", substitute "of the Tribunal".
75. Subsection 47(2):
Omit the subsection, substitute:
"(2) If:
(a) an appeal is brought to the Federal Court from a determination of
the Tribunal; and
(b) the Tribunal's determination was made as a result of a complaint
under section 14;
the Court or a Judge of the Court may make such order or orders staying
or otherwise affecting the operation or implementation of either or
both of the following:
(c) the determination of the Tribunal or a part of that
determination;
(d) the whole or part of the trustee's decision that is complained of
or of a decision of an insurer or other decision-maker who is a party
to the complaint;
as the Court thinks appropriate to secure the effectiveness of the
hearing and determination of the appeal.
"(2A) If:
(a) an appeal is brought to the Federal Court from a determination of
the Tribunal; and
(b) the Tribunal's determination was made as a result of a complaint
under section 14A or 15A;
the Court or a Judge of the Court may make such order or orders staying
or otherwise affecting the operation of implementation of the
determination as the Court or Judge thinks appropriate to secure the
effectiveness of the hearing and determination of the appeal.
"(2B) If:
(a) an appeal is brought to the Federal Court from a determination of
the Tribunal; and
(b) the Tribunal's determination was made as a result of a complaint
under section 15B;
the Court or a Judge of the Court may make such order or orders staying
or otherwise affecting the operation or implementation of either or
both of the following:
(c) the determination of the Tribunal or a part of that
determination;
(d) the whole or part of the insurer's decision that is complained
of;
as the Court thinks appropriate to secure the effectiveness of the
hearing and determination of the appeal.".
76. Saving
Despite the amendments of section 47 of the Superannuation (Resolution
of Complaints) Act 1993 made by this Act, any order of the Federal
Court of Australia or a Judge of that Court, made before the day those
amendments come into force, continues to have effect, on and after that
day, as if it was an order of that Court, or of that Judge, made under
section 47 of that Act as amended by this Act.
77. Subsection 47(3):
After "subsection (2)" insert ", (2A) or (2B)".
78. Subsection 47(4):
After "subsection (2)" insert ", (2A) or (2B)".
79. Heading to Division 1 of Part 8:

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After "Chairperson" insert "and Deputy Chairperson".
80. Subsection 49(1):
(a) Omit "holds office", substitute "and Deputy Chairperson hold
office".
(b) Omit "period", substitute "periods".
(c) Omit "is specified in the instrument", substitute "are specified
in their respective instruments".
81. Subsection 49(2):
Omit "holds office", substitute "and Deputy Chairperson hold office".
82. Section 50:
Omit "is to be paid" (wherever occurring), substitute "and Deputy
Chairperson are respectively to be paid".
83. Subsection 51(1):
Omit "has such recreation", substitute "and Deputy Chairperson have
respectively such recreation".
84. Subsection 51(2):
After "Chairperson" insert "or Deputy Chairperson".
85. Section 52:
After "Chairperson" insert "or Deputy Chairperson".
86. Subsection 53(1):
After "Chairperson" insert "or Deputy Chairperson".
87. Subsection 53(2):
Omit "if the Tribunal Chairperson", substitute "or Deputy Chairperson
if that person".
88. After subsection 54(1):
Insert:
"(1A) The Minister may appoint a person who is eligible to be
appointed as Tribunal Deputy Chairperson to act as Tribunal Deputy
Chairperson:
(a) during a vacancy in the office of Tribunal Deputy Chairperson
(whether or not an appointment has previously been made to the office);
or
(b) during any period or during all periods when the Tribunal Deputy
Chairperson is absent from duty or from Australia or is, for any other
reason, unable to perform the duties of the office of Tribunal Deputy
Chairperson.".
89. After subsection 54(2):
Insert:
"(2A) The Minister may appoint a person who is eligible to be
appointed as Tribunal Deputy Chairperson to act as Tribunal Deputy
Chairperson in relation to a particular complaint if the Tribunal
Deputy Chairperson has given a notice under subsection 10(1).".
90. Subsection 54(3):
Omit "subsection (1) or (2)", substitute "subsection (1), (1A), (2) or
(2A)".
Note: The heading to section 54 is altered by adding "or Deputy
Chairperson" after "Chairperson".
91. Section 55:
Insert "or Deputy Chairperson" after "Chairperson" (wherever
occurring).
92. Subsection 56(1):
Omit the subsection, substitute:
"(1) Each Tribunal member, other than the Tribunal Chairperson or
Deputy Chairperson, who together with either or both of those persons,
constitutes the Tribunal in relation to a complaint, is to be paid, in
respect of performing functions in respect of that complaint, such fees
and allowances as are determined by the Remuneration Tribunal.". 93.
Section 57:
After "Chairperson" insert "or Deputy Chairperson".
94. Section 58:
After "Chairperson" (wherever occurring) insert "or Deputy
Chairperson".
95. Subsection 59(1):
(a) Omit "18(c)", substitute "18(1)(c), (d) or (e), (2)(c) or (d) and
(3)(c), section 17A".
(b) Omit "subsections 23(2), 24(1) and (2),", substitute "subsections
23(2) and (3)".
(c) After "22" insert "22A, 24, 24A,".
(d) After "Tribunal Chairperson" (first occurring) insert "or Deputy
Chairperson".
96. Subsection 59(2):
(a) After "26(2)" insert "(2A)".
(b) After "38(2)" insert "and (3)".
(c) Omit the subsection, substitute:
"(2) Despite subsection 9(1):
(a) the powers of the Tribunal under subsections 26(2), (2A), (3) and
(4) and 31(2) and paragraph 48(a) are to be exercised on behalf of the
Tribunal by the Tribunal Chairperson; and
(b) the powers of the Tribunal under subsections 34(2), (3) and (6),
38(2) and (3) and 44(1) and sections 22A, 35 and 45 are to be exercised
on behalf of the Tribunal by the Tribunal Chairperson or Deputy
Chairperson.".
97. Paragraph 60(2)(a):
Omit the paragraph, substitute:
"(a) if the person to whom, or by or on behalf of whom, the
communication was made is a body corporate that is under official
management or administration or is being wound up-the official manager
or administrator, or the liquidator, of the body; or".
98. Subsection 63(2):
Omit "of the trustee of a fund", substitute "or conduct".
99. Subsection 63(3):
(a) Omit "the trustee concerned", substitute "a particular party to
the complaint".
(b) Omit "who made the complaint", substitute "who provided the
information or document to the Tribunal".
100. After subsection 63(3):
Insert:
"(3A) Subsection (2) does not prohibit the Tribunal, or a member of
the Commissioner's staff made available under subsection 62(2), from
disclosing, subject to subsection (3B):
(a) a complaint or a part of a complaint; or
(b) any information or material relating to that complaint or part of
a complaint;
to a complaint-handling body to which the Tribunal has decided to refer
the complaint, or that part of the complaint, under subsection 22A(1).
"(3B) Neither the Tribunal nor a member of the Commissioner's staff
made available under subsection 62(2) may disclose to a particular
complaint-handling body:
(a) a complaint or a part of a complaint; or
(b) information or material relating to the complaint or part of a
complaint;
that reveals personal information relating to an individual unless the
Tribunal or member of the Commissioner's staff has the written consent
of that individual for that disclosure.
Penalty: Imprisonment for 2 years.".
101. Subsection 65(1):
Omit "trustee of a fund", substitute "party to a complaint".
102. Subsection 65(2):
(a) Omit "the trustee" (first occurring), substitute "a party to a
complaint".
(b) Omit "a trustee" (second occurring), substitute "the party".
Note: The heading to section 65 is altered by omitting "a trustee" and
substituting "a party to a complaint".