Federal Register of Legislation - Australian Government

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SLI 2012 No. 329 Regulations as made
This regulation prescribes amounts for fees payable in accordance with section 128L of the Superannuation Industry (Supervision) Act 1993, relating to auditors of self managed superannuation funds.
Administered by: Treasury
Made 06 Dec 2012
Registered 11 Dec 2012
Tabled HR 05 Feb 2013
Tabled Senate 05 Feb 2013

Commonwealth Coat of Arms

Superannuation Auditor Registration Imposition Regulation 20121

Select Legislative Instrument 2012 No. 329

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Superannuation Auditor Registration Imposition Act 2012.

Dated 6 December 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

WILLIAM RICHARD SHORTEN


1              Name of regulation

                This regulation is the Superannuation Auditor Registration Imposition Regulation 2012.

2              Commencement

                This regulation commences on 31 January 2013.

3              Definitions

                In this regulation:

Act means the Superannuation Auditor Registration Imposition Act 2012.

SIS Act means the Superannuation Industry (Supervision) Act 1993.

4              Fees

                For section 4 of the Act, the following fees are prescribed:

Item

 

Column 1

Fee payable for ...

Column 2

Fee ($)

1

Applying for registration as an approved SMSF auditor

100

2

Undertaking a competency examination in accordance with section 128C of the SIS Act

100

3

Giving the Regulator a statement under section 128G of the SIS Act

50

4

Giving to the Regulator a statement under section 128G of the SIS Act within 1 month after it fell due (in addition to the fee payable because of item 3)

Nil

5

Giving to the Regulator a statement under section 128G of the SIS Act more than 1 month after it fell due (in addition to the fee payable because of item 3)

Nil

6

Giving to the Regulator particulars under section 128H of the SIS Act within 1 month after they fell due

Nil

7

Giving to the Regulator particulars under section 128H of the SIS Act more than 1 month after they fell due

Nil

8

Inspecting or searching a register that the Regulator keeps under Division 1A of Part 16 of the SIS Act for a current extract

Nil

9

Inspecting or searching a register that the Regulator keeps under Division 1A of Part 16 of the SIS Act for a historical extract

18

10

Inspecting or searching an extract of 10 pages or less given to or issued by the Regulator under Division 1A of Part 16 of the SIS Act (other than an order made under subsection 130F (2) of the SIS Act)

18

11

Inspecting or searching an extract of more than 10 pages given to or issued by the Regulator under Division 1A of Part 16 of the SIS Act (other than an order made under subsection 130F (2) of the SIS Act)

36

5              Method for calculating fees in subsequent financial years

         (1)   For paragraph 4 (2) (b) of the Act, in the financial year starting on 1 July 2013, or a subsequent 1 July, if the latest CPI number is greater than the earlier CPI number, the fee for a matter mentioned in items 4 to 11 of the table in section 4 is the amount worked out using the formula:

where:

previous indexable amount is the amount of the fee for the matter mentioned in items 4 to 11 of the table in section 4 that was applicable immediately before that 1 July.

         (2)   For paragraph 4 (2) (b) of the Act, in the financial year starting on 1 July 2014, or a subsequent 1 July, if the latest CPI number is greater than the earlier CPI number, the fee for a matter mentioned in items 1 to 3 of the table in section 4 is the amount worked out using the formula:

where:

previous indexable amount is the amount of the fee for the matter mentioned in items 1 to 3 of the table in section 4 that was applicable immediately before that 1 July.

         (3)   If the latest CPI number is not greater than the earlier CPI number, the fee for the matter mentioned in an item in section 4 is the amount of the fee that was applicable immediately before that 1 July.

         (4)   If, apart from this subsection, the amount worked out under subsection (1) or (2) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.

         (5)   For this section:

                (a)    if the Australian Statistician publishes a CPI number for a March quarter in substitution for a CPI number previously published by the Australian Statistician for that quarter, the publication of the later CPI number must be disregarded; and

               (b)    if the Australian Statistician changes the reference base for the Consumer Price Index, then, after the change is made, regard must be had only to the CPI numbers published using the new reference base.

         (6)   In this section:

CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.

earlier CPI number is the CPI number for the March quarter 2 financial years before the relevant financial year begins.

latest CPI number is the CPI number for the last March quarter before the relevant financial year begins.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.