Superannuation Industry (Supervision)

modification declaration No. 3 of 2007



Superannuation Industry (Supervision) Act 1993




I, Wayne Byres, a delegate of APRA, under section 332 of the Superannuation Industry

(Supervision) Act 1993 (the Act), DECLARE that subregulation 7.04(4) of the Regulations

has effect in relation to the class of persons described in the attached Schedule, as if it were modified in the manner specified in the attached Schedule.


This declaration comes into force upon registration of this instrument on the Federal Register

of Legislative Instruments.


Dated  19 November 2007







Wayne Byres

Executive General Manager

Diversified Institutions Division

Interpretation Document ID: 150538

In this instrument

APRA means the Australian Prudential Regulation Authority.

Federal Register of Legislative Instruments means the register established under section 20

of the Legislative Instruments Act 2003.

Regulations means the Superannuation Industry (Supervision) Regulations 1994.


Note 1

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003

(the LIA) (see section 5 and Item 15 of section 7 of the LIA). Under section 56 of the LIA, the obligation under section 336 of the Act, to publish this exemption in the Gazette, is satisfied by its registration on the Federal Register of Legislative Instruments.







Note 2

Under paragraph (zb) of the definition of reviewable decision in subsection 10(1) of the Act, the

decision to make this declaration is a reviewable decision. If you are dissatisfied with this decision, you may request APRA to reconsider it in accordance with subsection 344(1) of the Act. The request for

reconsideration must be made in writing, must set out the reasons for making the request, and must be given to APRA within 21 days after the day on which you first received notice of this decision, or within such further period as APRA allows. If you are dissatisfied with the outcome of APRA’s reconsideration of the decision,

you may, subject to the Appeals Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review

of the reconsidered decision.


Note 3

The address where the request for reconsideration referred to in this instrument may be given to

APRA, is Level 26, 400 George Street, Sydney NSW 2000.







Schedule - the class of persons to whom this declaration


All RSE licensees







Schedule - the manner in which the specified modifiable

provisions are modified

Subregulation 7.04(4) of the Regulations, as modified by Modification Declaration No.2 of

2007, is modified by inserting at the end of paragraph (a):


(C) the amount was a government co-contribution payment in respect of a member contribution, where the member contribution was made prior to 1 July 2007; or”