Superannuation Industry (Supervision) Act 1993

s 299U — Forms etc. may require tax file number

Election notice (1) The approved form of written notice by the trustee, or the trustees, of a fund for the purposes of subsection 19(4) may require the notice to contain the tax file number of the fund. Financial return (2) The form of a financial return a copy of which is required to be given by a superannuation entity to APRA under section 13 of the Financial Sector (Collection of Data) Act 2001 may require the return to contain the entity’s tax file number. Portability forms (2A) An approved form mentioned in subsection 34A(2) may require the tax file number of the beneficiary making the relevant request to be set out in the request. Particulars of notice (3) Particulars of a notice to a trustee of an entity that are required by subsection 40(3) to be given to the Commissioner of Taxation may be accompanied by a statement of the tax file number of the entity. Claims for benefits from eligible rollover fund (6) The approved form of application for the purposes of subsection 248(2) may require the tax file number of the applicant to be set out in the application. Claims for benefits from eligible transitional fund (7) The approved form of application for the purposes of section 252 may require the tax file number of the applicant to be set out in the application. Information to be given after establishment of entity (8) The approved form for information required to be given under subsection 254(1) may require the tax file number of the entity to be given. (8A) Information prescribed for the purposes of paragraph 254(2A)(b) in relation to an entity may include the tax file number of the entity. Notice to give information (9) Information that may be required to be given in relation to a superannuation entity under section 254A may include the tax file number of the entity.

Amendment history: Inserted by No 76 of 1996, effective Sch 4 (items 1–18): 16 Feb 1997 (s 2(4)) | Amended by No 71 of 1997, effective Sch 3: 5 June 1997 (s 2) | Amended by No 128 of 1999, effective s 4–8 and Sch 1 (items 44–74): 13 Oct 1999 (s 2(1), (2)) | Amended by No 24 of 2000, effective Sch 9 (items 5–14), Sch 10 (items 1, 2, 4, 6, 7, 9, 10) and Sch 12 (items 1–3, 10): 3 Apr 2000 (s 2(1), (12), (13)) Sch 10 (items 3, 5, 8, 11–13): 12 May 2000 (s 2(7) and gaz 2000, No S239) | Amended by No 121 of 2001, effective Sch 2 (items 97–147): 1 July 2002 (s 2(2)) | Amended by No 53 of 2004, effective Sch 1 (items 1–61), Sch 2 and Sch 3 (items 6–14): 1 July 2004 (s 2(1) items 2, 4, 5) Sch 1 (items 62–86): 1 July 2006 (s 2(1) item 3) | Amended by No 12 of 2012, effective Sch 1 (items 11–19): 22 Mar 2012 (s 2(1) item 2) Sch 6 (item 23, 193–199, 204–211): 21 Mar 2012 (s 2(1) items 10, 31) | Amended by No 67 of 2024, effective sch 1 (items 1 ‑ 3), sch 5 (items 21 ‑ 39): 10 July 2024 (s 2(1) items 2, 9) sch 5 (item 53): 9 Jan 2025 (s 2(1) item 11)

s 299V — Failure to quote tax file number

For the purposes of section 137.1 of the Criminal Code , a person does not omit a matter or thing from a statement made to a SIS officer (within the meaning of section 301) merely because the person has, in making the statement, failed to quote his or her tax file number.

Amendment history: Inserted by No 76 of 1996, effective Sch 4 (items 1–18): 16 Feb 1997 (s 2(4)) | Amended by No 137 of 2000, effective Sch 2 (items 387–390, 418, 419): 24 May 2001 (s 2(3))

s 299W — Definitions

In this Part, unless the contrary intention appears: regulated exempt public sector superannuation scheme means an exempt public sector superannuation scheme in respect of which either of the following applies: (a) the trustee of the scheme is a constitutional corporation; (b) the sole or primary purpose of the scheme is the provision of old ‑ age pensions. Superannuation Acts means the following: (a) this Act; (b) the Superannuation Contributions Tax (Assessment And Collection) Act 1997 ; (c) the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 ; (d) the Superannuation (Unclaimed Money and Lost Members) Act 1999 . Surcharge Acts means: (a) the Superannuation Contributions Tax (Assessment and Collection) Act 1997 ; and (b) the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 . tax file number has the meaning given by section 202A of the Income Tax Assessment Act 1936.

Amendment history: Inserted by No 76 of 1996, effective Sch 4 (items 1–18): 16 Feb 1997 (s 2(4)) | Amended by No 71 of 1997, effective Sch 3: 5 June 1997 (s 2) | Amended by No 191 of 1997, effective Sch 6: 7 Dec 1997 (s 2(1)) | Amended by No 128 of 1999, effective s 4–8 and Sch 1 (items 44–74): 13 Oct 1999 (s 2(1), (2)) | Amended by No 158 of 2012, effective Sch 2 (items 1–68, 70–75) and Sch 4 (items 8–18): 31 Jan 2013 (s 2(1) items 5, 8) Sch 4 (items 1–7, 19–24, 54–72): 29 Nov 2012 (s 2(1) items 7, 9, 10) | Amended by No 23 of 2018, effective sch 1 (items 68 ‑ 71): 1 Apr 2018 (s 2(1) item 8) sch 1 (items 75 ‑ 79): 30 Mar 2018 (s 2(1) item 9) sch 4 (items 11 ‑ 23): 1 July 2018 (s 2(1) item 11)

s 299X — State insurance

This Part does not apply with respect to State insurance that does not extend beyond the limits of the State concerned.

Amendment history: Inserted by No 76 of 1996, effective Sch 4 (items 1–18): 16 Feb 1997 (s 2(4))

s 299Y — Trustee of former regulated exempt public sector superannuation scheme to destroy records of tax file numbers

(1) If an exempt public sector superannuation scheme ceases to be a regulated exempt public sector superannuation scheme and does not become an eligible superannuation entity, each trustee of the scheme must ensure that, as soon as is reasonably practicable, all records of tax file numbers of beneficiaries, or of applicants to become beneficiaries, of the scheme that are kept by the trustee are destroyed. (2) A trustee commits an offence if the trustee contravenes subsection (1). Penalty: 100 penalty units. (3) A trustee commits an offence if the trustee contravenes subsection (1). This is an offence of strict liability. Penalty: 50 penalty units. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability , see section 6.1 of the Criminal Code .

Amendment history: Inserted by No 76 of 1996, effective Sch 4 (items 1–18): 16 Feb 1997 (s 2(4)) | Amended by No 160 of 2000, effective Sch 3: 18 Jan 2001 (s 2(1)) | Amended by No 53 of 2004, effective Sch 1 (items 1–61), Sch 2 and Sch 3 (items 6–14): 1 July 2004 (s 2(1) items 2, 4, 5) Sch 1 (items 62–86): 1 July 2006 (s 2(1) item 3) | Amended by No 82 of 2010, effective Sch 4 (items 30–36) and Sch 6 (items 1, 51–78): 27 July 2010 (s 2(1) items 15, 17–19) | Amended by No 136 of 2012, effective Sch 2 (item 15): 27 July 2010 (s 2(1) item 15) | Amended by No 4 of 2016, effective sch 4 (items 1, 296 ‑ 300, 432): 10 Mar 2016 (s 2(1) item 6)

s 299Z — Transitional provisions

(1) Despite the amendments made to this Part by Schedule 3 to the Superannuation Contributions Tax (Consequential Amendments) Act 1997 , this Part as it applied immediately before the commencement of that Schedule continues to apply to: (a) an employee who, before that commencement, quoted his or her tax file number to his or her employer in connection with the operation or the possible future operation of this Act; or (b) a beneficiary, or an applicant to become a beneficiary, of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme who, before that commencement, quoted his or her tax file number to the trustee of the entity or scheme in connection with the operation or the possible future operation of this Act; as if those amendments had not been made. (2) If: (a) before the commencement of Schedule 3 to the Superannuation Contributions Tax (Consequential Amendments) Act 1997 , or after that commencement but before 5 June 1998, an employee quoted his or her tax file number to his or her employer in connection with the operation or the possible future operation of this Act; and (b) the employer notifies the employee in writing that the employer intends to inform the trustee of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme of the employee’s tax file number unless the employee tells the employer, within 30 days after the day on which the notification is received, that the employee objects to the employer informing the trustee of the tax file number; and (c) the employee does not tell the employer within that period that the employee objects to the employer informing the trustee of the tax file number; subsection (1) does not apply to the employee, and the employee is taken to have quoted the tax file number to the employer in connection with the operation or the possible future operation of this Act and the other Superannuation Acts. (3) If: (a) before the commencement of Schedule 3 to the Superannuation Contributions Tax (Consequential Amendments) Act 1997 , or after that commencement but before 5 June 1998, a beneficiary, or an applicant to become a beneficiary, of an eligible superannuation entity or of a regulated exempt public sector superannuation scheme has quoted his or her tax file number to the trustee of the entity or scheme in connection with the operation or the possible future operation of this Act; and (b) the trustee notifies the beneficiary or applicant in writing that the trustee intends to inform the Commissioner of Taxation, the trustee of another such entity or scheme or an RSA provider of the tax file number unless the beneficiary or applicant tells the trustee, within 30 days after the day on which the notification is received, that the beneficiary or applicant objects to the trustee informing the Commissioner of Taxation, the trustee of the other entity or scheme or the RSA provider, as the case may be, of the tax file number; and (c) the beneficiary or applicant does not tell the trustee within that period that the beneficiary or applicant objects to the trustee informing the Commissioner of Taxation, the trustee of the other entity or scheme or the RSA provider, as the case may be, of the tax file number; subsection (1) does not apply to the beneficiary or applicant, and the beneficiary or applicant is taken to have quoted the tax file number to the trustee in connection with the operation or the possible future operation of this Act and the other Superannuation Acts.

Amendment history: Inserted by No 71 of 1997, effective Sch 3: 5 June 1997 (s 2) | Amended by No 38 of 1999, effective Sch 2 (items 1–32): 31 May 1999 (s 2(1)) Sch 2 (items 33–42): 28 June 1999 (s 2(2)) Sch 2 (items 43, 44): 5 June 1997 (s 2(3)) Sch 2 (item 45): 1 July 1999 (s 2(4)) Sch 2 (item 46): 1 Dec 1999 (s 2(5)) | Amended by No 128 of 1999, effective s 4–8 and Sch 1 (items 44–74): 13 Oct 1999 (s 2(1), (2))

s 300 — Object of Part

The object of this Part is to protect the integrity of the system of supervision provided for by this Act by penalising the making of false or misleading statements, the keeping of incorrect records and the falsification or concealment of identity.

s 301 — Interpretation

In this Part: SIS officer means a person exercising powers or performing functions under or in relation to this Act, the regulations or the prudential standards. statement made to an SIS officer means a statement made to an SIS officer orally, in writing, in a data processing device or in any other form and, without limiting the generality of the foregoing, includes a statement: (a) made in an application, notification, return or other document made, prepared, given or purporting to be made, prepared or given, under this Act, the regulations or the prudential standards; or (b) made in answer to a question asked of a person under this Act, the regulations or the prudential standards; or (c) made in any information given, or purporting to be given, under this Act, the regulations or the prudential standards; or (d) made in a document given to an SIS officer otherwise than under this Act, the regulations or the prudential standards; but does not include a statement made in a document produced under subsection 255(1) or 260(2) or section 269.

Amendment history: Amended by No 117 of 2012, effective Sch 1: 1 July 2013 (s 2(1) item 2) Sch 2 (items 1–7, 9–33, 35–49): 9 Sept 2012 (s 2(1) items 3, 5, 7) Sch 2 (items 8, 34): 1 Jan 2013 (s 2(1) items 4, 6)

s 303 — Incorrectly keeping records etc.

(1) Where: (a) a person who is required under this Act, the regulations or the prudential standards to keep any accounts, accounting records or other records keeps them in such a way that they do not correctly record and explain the matters, transactions, acts or operations to which they relate; or (b) a person who is required under this Act, the regulations or the prudential standards to make a record of any matter, transaction, act or operation makes it in such a way that it does not correctly record the matter, transaction, act or operation; the person commits an offence punishable on conviction by a fine not exceeding 40 penalty units. (1A) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability , see section 6.1 of the Criminal Code . (2) In a prosecution of a person for an offence against subsection (1), it is a defence if the person proves that the person: (a) did not know; and (b) could not reasonably be expected to have known; that: (c) in the case of a prosecution for an offence against subsection (1) by virtue of paragraph (a)—the accounts, accounting records or other records to which the prosecution relates did not correctly record and explain the matters, transactions, acts or operations to which they relate; or (d) in the case of a prosecution for an offence against subsection (1) by virtue of paragraph (b)—the record to which the prosecution relates did not correctly record the matter, transaction, act or operation to which the record relates. Note: A defendant bears a legal burden in relation to the matters in subsection (2) (see section 13.4 of the Criminal Code ).

Amendment history: Amended by No 160 of 2000, effective Sch 3: 18 Jan 2001 (s 2(1)) | Amended by No 117 of 2012, effective Sch 1: 1 July 2013 (s 2(1) item 2) Sch 2 (items 1–7, 9–33, 35–49): 9 Sept 2012 (s 2(1) items 3, 5, 7) Sch 2 (items 8, 34): 1 Jan 2013 (s 2(1) items 4, 6) | Amended by No 4 of 2016, effective sch 4 (items 1, 296 ‑ 300, 432): 10 Mar 2016 (s 2(1) item 6)

s 306 — Incorrectly keeping or making records etc.

(1) If: (a) a person is required under this Act, the regulations or the prudential standards to keep any accounts, accounting records or other records; and (b) the person keeps those accounts or records in such a way that they do not correctly record and explain the matters, transactions, acts or operations to which they relate; the person commits an offence punishable on conviction by imprisonment for not longer than 12 months. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) If: (a) a person is required under this Act, the regulations or the prudential standards to make a record of any matter, transaction, act or operation; and (b) the person makes such a record in such a way that it does not correctly record the matter, transaction, act or operation; the person commits an offence punishable on conviction by imprisonment for not longer than 12 months. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Amendment history: Repealed and substituted by No 31 of 2001, effective Sch 1 (items 171, 172): 18 Jan 2001 (s 2(2)) Sch 1 (items 173–239): 15 Dec 2001 (s 2(4)) | Amended by No 117 of 2012, effective Sch 1: 1 July 2013 (s 2(1) item 2) Sch 2 (items 1–7, 9–33, 35–49): 9 Sept 2012 (s 2(1) items 3, 5, 7) Sch 2 (items 8, 34): 1 Jan 2013 (s 2(1) items 4, 6) | Amended by No 4 of 2016, effective sch 4 (items 1, 296 ‑ 300, 432): 10 Mar 2016 (s 2(1) item 6)

s 307 — Incorrectly keeping records with intention of deceiving or misleading etc.

(1) A person commits an offence if the person: (a) keeps any accounts, accounting records or other records in such a way that they: (i) do not correctly record and explain the matters, transactions, acts or operations to which they relate; or (ii) are (whether in whole or in part) illegible, indecipherable, incapable of identification or, if they are kept in the form of a data processing device, incapable of being used to reproduce information; or (b) makes a record of any matter, transaction, act or operation in such a way that it does not correctly record the matter, transaction, act or operation; or (c) alters, defaces, mutilates, falsifies, damages, removes, conceals or destroys any accounts, accounting records or other records (whether in whole or in part); or (d) does or omits to do any other act or thing to any accounts, accounting records or other records; with any of the following intentions (whether or not the person had any other intention): (e) deceiving or misleading the Regulator or a particular SIS officer; (f) hindering or obstructing the Regulator or a particular SIS officer (otherwise than in the investigation of an offence against, or arising out of, this Act or the regulations); (g) hindering or obstructing the investigation of an offence against, or arising out of, this Act or the regulations; (h) hindering, obstructing or defeating the administration, execution or enforcement of this Act, the regulations or the prudential standards; (i) defeating the purposes of this Act, the regulations or the prudential standards. (2) The offence is punishable on conviction by imprisonment for a term not exceeding 2 years.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 117 of 2012, effective Sch 1: 1 July 2013 (s 2(1) item 2) Sch 2 (items 1–7, 9–33, 35–49): 9 Sept 2012 (s 2(1) items 3, 5, 7) Sch 2 (items 8, 34): 1 Jan 2013 (s 2(1) items 4, 6) | Amended by No 4 of 2016, effective sch 4 (items 1, 296 ‑ 300, 432): 10 Mar 2016 (s 2(1) item 6)

s 308 — Falsifying or concealing identity with intention of deceiving or misleading etc.

(1) A person commits an offence if the person: (a) falsifies or conceals the identity of, or the address or location of a place of residence or business of, the person or another person; or (b) does or omits to do any act or thing the doing or omission of which facilitates the falsification or concealment of the identity of, or the address or location of a place of residence or business of, the person or another person; with any of the following intentions (whether or not the person had any other intention): (c) deceiving or misleading the Regulator or a particular SIS officer; (d) hindering or obstructing the Regulator or a particular SIS officer (otherwise than in the investigation of an offence against, or arising out of, this Act or the regulations); (e) hindering or obstructing the investigation of an offence against, or arising out of, this Act or the regulations; (f) hindering, obstructing or defeating the administration, execution or enforcement of this Act, the regulations or the prudential standards; (g) defeating the purposes of this Act, the regulations or the prudential standards. (2) The offence is punishable on conviction by imprisonment for a term not exceeding 2 years.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 117 of 2012, effective Sch 1: 1 July 2013 (s 2(1) item 2) Sch 2 (items 1–7, 9–33, 35–49): 9 Sept 2012 (s 2(1) items 3, 5, 7) Sch 2 (items 8, 34): 1 Jan 2013 (s 2(1) items 4, 6) | Amended by No 4 of 2016, effective sch 4 (items 1, 296 ‑ 300, 432): 10 Mar 2016 (s 2(1) item 6)

s 309 — Object of Part

The object of this Part is to set out rules about the power of the courts to deal with matters arising under this Act.

s 310 — Power to grant relief

Court may relieve liability for misconduct (1) If, in a civil proceeding against a superannuation official for official misconduct in a capacity as such a person, it appears to the court that the official is or may be liable in respect of the official misconduct, the court may, if subsection (2) is satisfied, relieve the official either wholly or partly from the liability, on such terms as the court thinks fit. Basis for granting relief (2) The court may only relieve the official from the liability if it appears to the court that: (a) the official has acted honestly; and (b) having regard to all the circumstances of the case, including those connected with the official’s appointment, he or she ought fairly to be excused for the official misconduct. Withdrawal of case from jury (3) If: (a) the case is being tried by a judge with a jury; and (b) after hearing the evidence, the judge is satisfied that relief ought to be given under subsection (1); the judge may withdraw the case in whole or in part from the jury and immediately direct judgement to be entered for the superannuation official on such terms as to costs or otherwise as the judge thinks proper. Where claim yet to be made (4) If a superannuation official has reason to believe that a claim will or might be made against the official in respect of any official misconduct in a capacity as such a person: (a) the official may apply to the Court for relief; and (b) the Court has the same power to grant relief as it would have under subsection (1) if it had been a court before which proceedings against the official for official misconduct had been brought. Definitions (5) In this section: officer , in relation to a corporate trustee, means: (a) a responsible officer or employee of the corporate trustee; or (b) a receiver, or receiver and manager, of property of the body, where the property is beneficially owned by the corporate trustee; or (c) an administrator of the corporate trustee; or (d) a liquidator or provisional liquidator of the corporate trustee; or (e) a trustee or other person administering a compromise or arrangement made between the corporate trustee and another person or other persons. official misconduct means negligence, default, breach of trust or breach of duty. superannuation official means: (a) a trustee of a superannuation entity; or (b) an officer of a corporate trustee of a superannuation entity; or (c) an auditor of a superannuation entity; or (d) an actuary of a superannuation entity. Special meaning of employee (6) The meaning of the expression employee , when used in this section, is to be determined as if subsections 12(3) and (8) of the Superannuation Guarantee (Administration) Act 1992 had not been enacted. (Those subsections deem certain contractors to be employees.)

Amendment history: Amended by No 144 of 1995, effective s 3, 4(1) and Sch 4 (items 1, 6, 10, 22–27, 30–33, 71–75, 86): 12 Dec 1995 (s 2(1)) s 4(2) and Sch 4 (items 2, 5, 7, 11–13, 28, 29, 34–70, 77–81, 83, 84): 9 Jan 1996 (s 2(3)) s 4(3) and Sch 4 (items 3, 4, 8, 9, 14–21, 76, 82, 85): 16 Dec 1995 (s 2(2)) | Amended by No 8 of 2007, effective Sch 4 (items 28–30): 15 Mar 2007 (s 2(1) item 44)

s 311 — Power of Court to give directions with respect to meetings ordered by the Court

If, under this Act, the Court orders a meeting to be convened, the Court may, subject to this Act, give such directions with respect to the convening, holding or conduct of the meeting, and such ancillary or consequential directions in relation to the meeting, as it thinks fit.

s 312 — Irregularities

Definitions (1) In this section: procedural irregularity includes: (a) the absence of a quorum at a meeting of: (i) trustees of a superannuation entity; or (ii) directors of a corporate trustee of a superannuation entity; or (iii) beneficiaries in a superannuation entity; or (iv) members of a policy committee of an employer ‑ sponsored fund; or (b) a defect, irregularity or deficiency of notice or time. proceeding under this Act means any proceeding, whether a legal proceeding or not, under this Act. Effect of irregularities on proceedings (2) A proceeding under this Act is not invalidated because of any procedural irregularity unless the Court: (a) is of the opinion that the irregularity has caused or may cause substantial injustice that cannot be remedied by any order of the Court; and (b) by order declares the proceeding to be invalid. Effect of failure to give notice etc. on meetings (3) Subject to subsection (4), none of the following: (a) a meeting held for the purposes of this Act; (b) a meeting of which notice is required to be given in accordance with this Act; (c) any proceeding at such a meeting; is invalidated only because of the accidental omission to give notice of the meeting or the non ‑ receipt by any person of notice of the meeting. Court may declare proceedings at meeting void (4) In spite of subsection (3), the Court may declare proceedings at the meeting to be void on application of: (a) the person concerned; or (b) a person entitled to attend the meeting; or (c) the Regulator. Court may make certain orders (5) Subject to the remainder of this section, but without limiting any other provision of this Act, the Court may, on application by any interested person, make all or any of the following orders (either unconditionally or subject to any conditions imposed by the Court): (a) an order declaring that: (i) any act, matter or thing purporting to have been done; or (ii) any proceeding purporting to have been instituted or taken; under this Act or in relation to a superannuation entity is not invalid because of any contravention of a provision of: (iii) this Act; or (iv) the governing rules of a superannuation entity; (b) an order relieving a person in whole or in part from any civil liability in respect of a contravention mentioned in paragraph (a); (c) an order: (i) extending the period for doing any act, matter or thing or for instituting or taking any proceeding under this Act or in relation to a superannuation entity (including extending a period if it ended before the application for the order was made); or (ii) shortening the period for doing such an act, matter or thing or for instituting or taking such a proceeding. Consequential and ancillary orders (6) The Court may also make any consequential or ancillary order that it thinks fit. Orders where offence (7) An order may be made under paragraph (5)(a) or (b) even though the contravention referred to in the paragraph concerned resulted in the commission of an offence. Restrictions on making orders (8) The Court must not make an order under this section unless it is satisfied: (a) in the case of an order referred to in paragraph (5)(a): (i) that the act, matter or thing, or the proceeding, referred to in that paragraph is essentially of a procedural nature; or (ii) that the person or persons concerned in or party to the contravention or failure acted honestly; or (iii) that it is in the public interest that the order be made; and (b) in the case of an order referred to in paragraph (5)(b)—that the person subject to the civil liability concerned acted honestly; and (c) in every case—that no substantial injustice has been or is likely to be caused to any person.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999)

s 313 — Power of Court to prohibit payment or transfer of money or property

Court’s power to protect interests of certain creditors etc. (1) If: (a) any of the following applies: (i) an investigation is being carried out under this Act in relation to an act or omission by a person (the contravening person ), being an act or omission that constitutes or may constitute a contravention of this Act; or (ii) a prosecution has begun against a person (also the contravening person ) for a contravention of this Act, or under the Financial Sector (Collection of Data) Act 2001 or the Financial Accountability Regime Act 2023 , in connection with a superannuation entity; or (iii) a civil proceeding has begun against a person (also the contravening person ) under this Act; and (b) the Regulator or a person (an aggrieved person ) to whom the contravening person is liable, or may become liable: (i) to pay money (whether in respect of a debt, by way of damages or compensation or otherwise); or (ii) to account for property; applies to the Court; and (c) the Court considers it necessary or desirable to do so for the purpose of protecting the interests of an aggrieved person; the Court may make one or more of the orders specified in subsection (2). Court’s power to protect the interests of beneficiaries (1A) If: (a) the Regulator 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 Regulator applies to the Court for such an order in relation to a 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. Orders that Court may make (2) The orders that the Court may make are: (a) an order prohibiting a person who is indebted to the contravening person or to an associate of the contravening person from making a payment in total or partial discharge of the debt to: (i) the contravening person or associate; or (ii) another person at the direction or request of the contravening person or associate; (b) an order prohibiting a person holding money or property on behalf of the contravening person or of an associate of the contravening person from: (i) paying all or any of the money; or (ii) transferring or otherwise parting with possession of the property; to: (iii) the contravening person or associate; or (iv) another person at the direction or request of the contravening person or associate; (c) an order prohibiting the taking or sending out of Australia by a person of money of the contravening person or of an associate of the contravening person; (d) an order prohibiting the taking, sending or transfer by a person of property of the contravening person, or of an associate of the contravening person from a place in Australia to a place outside Australia (including the transfer of interests from a register in Australia to a register outside Australia); (e) an order appointing: (i) if the contravening person is an individual—a receiver or trustee, having such powers as the Court orders, of the property or of part of the property of that person; or (ii) if the contravening person is a body corporate—a receiver or receiver and manager, having such powers as the Court orders, of the property or of part of the property of that person; (f) if the contravening person is an individual—an order requiring that person to deliver up to the Court his or her passport and such other documents as the Court thinks fit; (g) if the contravening person is an individual—an order prohibiting that person from leaving Australia without the consent of the Court. Property in (2)(d) or (e) (3) A reference in paragraph (2)(d) or (e) to property of a person includes a reference to property that the person holds otherwise than as sole beneficial owner, for example: (a) as trustee for, as nominee for, or otherwise on behalf of or on account of, another person; or (b) in a fiduciary capacity. Purpose of subsection (3) (4) Subsection (3) is to avoid doubt, is not to limit the generality of anything in subsection (1) and is not to affect by implication the interpretation of any other provision of this Act. Absolute or conditional orders (5) An order made under subsection (1) or (1A) prohibiting conduct may prohibit the conduct either absolutely or subject to conditions. Interim orders (6) If an application is made to the Court for an order under subsection (1) or (1A), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim order (being an order of the kind applied for that is expressed to have effect pending the determination of the application). Damages undertakings (7) On an application under subsection (1) or (1A), the Court must not require the applicant or any other person, as a condition of granting an interim order under subsection (6), to give an undertaking as to damages. Further orders (8) If the Court has made an order under this section on a person’s application, the Court may, on application by that person or by any person affected by the order, make a further order discharging or varying the first ‑ mentioned order. Period of order (9) An order made under subsection (1), (1A) or (6) may be expressed to operate for a specified period or until the order is discharged by a further order under this section. Court’s other powers not affected (10) This section does not affect the powers that the Court has apart from this section. Section subject to Bankruptcy Act (11) This section has effect subject to the Bankruptcy Act 1966 . Offence to contravene orders (12) A person who intentionally or recklessly contravenes an order by the Court under this section that is applicable to the person commits an offence punishable on conviction by imprisonment for a term of not more than 6 months. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Amendment history: Amended by No 144 of 1995, effective s 3, 4(1) and Sch 4 (items 1, 6, 10, 22–27, 30–33, 71–75, 86): 12 Dec 1995 (s 2(1)) s 4(2) and Sch 4 (items 2, 5, 7, 11–13, 28, 29, 34–70, 77–81, 83, 84): 9 Jan 1996 (s 2(3)) s 4(3) and Sch 4 (items 3, 4, 8, 9, 14–21, 76, 82, 85): 16 Dec 1995 (s 2(2)) | Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 31 of 2001, effective Sch 1 (items 171, 172): 18 Jan 2001 (s 2(2)) Sch 1 (items 173–239): 15 Dec 2001 (s 2(4)) | Amended by No 117 of 2001, effective s 4 and Sch 2 (items 35–54): 15 Dec 2001 (s 2(1), (4)) | Amended by No 121 of 2001, effective Sch 2 (items 97–147): 1 July 2002 (s 2(2)) | Amended by No 53 of 2004, effective Sch 1 (items 1–61), Sch 2 and Sch 3 (items 6–14): 1 July 2004 (s 2(1) items 2, 4, 5) Sch 1 (items 62–86): 1 July 2006 (s 2(1) item 3) | Amended by No 4 of 2016, effective sch 4 (items 1, 296 ‑ 300, 432): 10 Mar 2016 (s 2(1) item 6) | Amended by No 68 of 2023, effective sch 1 (items 85 ‑ 93), sch 2 (items 1, 28): 15 Sept 2023 (s 2(1) items 2, 4)

s 314 — Court may order the disclosure of information or the publication of advertisements—contravention of provisions relating to issue of superannuation interests etc.

(1) If a person (the alleged offender ) has engaged, is engaging or is proposing to engage in conduct in contravention of Part 19, the Court may, on the Regulator’s application, make an order or orders under either or both of subsections (2) and (3). (2) The Court may make an order: (a) requiring the alleged offender, or a person involved in the contravention, to disclose information to: (i) the public; or (ii) a specified person; or (iii) persons included in a specified class of persons; and (b) specifying the information, or the kind of information, that is to be disclosed, being information: (i) in the possession of the person to whom the order is directed; or (ii) to which that person has access; and (c) specifying the way in which it is to be disclosed. (3) The Court may make an order: (a) requiring the alleged offender, or a person involved in the contravention, to publish advertisements and pay the expenses; and (b) specifying the terms of the advertisements, or the way in which the terms of the advertisements are to be determined; and (c) specifying the way in which, and times at which, the advertisements are to be published. (4) A person who intentionally or recklessly contravenes an order under subsection (2) or (3) commits an offence punishable on conviction by imprisonment for a term of not more than 6 months. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 31 of 2001, effective Sch 1 (items 171, 172): 18 Jan 2001 (s 2(2)) Sch 1 (items 173–239): 15 Dec 2001 (s 2(4)) | Amended by No 117 of 2001, effective s 4 and Sch 2 (items 35–54): 15 Dec 2001 (s 2(1), (4)) | Amended by No 123 of 2001, effective Sch 1 (items 282–285, 287–289, 326–341) and Sch 2 (items 8, 11–48): 11 Mar 2002 (s 2(1), (6), (9A), (18)(a)) Sch 1 (items 286, 290–325C): never commenced (s 2(9A), (10)) Sch 2 (items 9, 10): 1 July 2002 (s 2(1), (21)) | Amended by No 4 of 2016, effective sch 4 (items 1, 296 ‑ 300, 432): 10 Mar 2016 (s 2(1) item 6)

s 315 — Injunctions

Restraining injunctions (1) If a person (the perpetrator ) has engaged, is engaging or is proposing to engage, in conduct that constituted, constitutes or would constitute: (a) a contravention of this Act, a condition imposed on an RSE licence or a direction given under this Act; or (b) attempting to contravene this Act, a condition imposed on an RSE licence or a direction given under this Act; or (c) aiding, abetting, counselling or procuring a person to contravene this Act, a condition imposed on an RSE licence or a direction given under this Act; or (d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act, a condition imposed on an RSE licence or a direction given under this Act; or (e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act, a condition imposed on an RSE licence or a direction given under this Act; or (f) conspiring with others to contravene this Act, a condition imposed on an RSE licence or a direction given under this Act; the Court may grant an injunction in accordance with subsection (2). Nature of injunction (2) If granted, the injunction: (a) is to restrain the perpetrator from engaging in the conduct; and (b) if in the opinion of the Court it is desirable to do so, may also require that person to do any act or thing. The Court may only grant the injunction on the application of the Regulator, or of a person whose interests have been, are, or would be, affected by the conduct and may grant it on such terms as the Court thinks appropriate. Performance injunctions (3) If a person (the unwilling person ) has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the person is required by this Act, a condition imposed on an RSE licence or a direction given under this Act to do, the Court may, on the application of: (a) the Regulator; or (b) any person whose interests have been, are or would be affected by the refusal or failure to do that act or thing; grant an injunction, on such terms as the Court thinks appropriate, requiring the unwilling person to do that act or thing. Consent injunctions (4) If an application for an injunction under subsection (1) or (3) has been made, the Court may, if the Court determines it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that that subsection applies. Interim injunctions (5) If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of an application under subsection (1). Variation or discharge of injunctions (6) The Court may discharge or vary an injunction granted under this section. Restraining injunctions (7) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised: (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is an imminent danger of substantial damage to any person if the first ‑ mentioned person engages in conduct of that kind. Performance injunctions (8) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised: (a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any person if the first ‑ mentioned person refuses or fails to do that act or thing. Damages undertakings (9) If the Regulator applies to the Court for the grant of an injunction under this section, the Court must not require the applicant or any other person, as a condition of granting an interim injunction, to give an undertaking as to damages. Section 313 orders (10) In proceedings under this section against a person the Court may make an order under section 313 in respect of the person. Damages orders (11) If the Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person. This section extends Federal Court’s powers (11A) The powers this section gives the Court are additional to (and do not limit) it’s other powers. Definition (12) In this section: do an act or thing includes: (a) give effect to a determination made under the AFCA scheme; or (b) reconsider a matter in accordance with a determination made under that scheme.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 75 of 2009, effective Sch 1 (item 221): 27 Feb 2010 (s 2(1) item 2) Sch 2 (items 9–12, 14): 28 Aug 2009 (s 2(1) item 3) | Amended by No 13 of 2018, effective s 4: 5 Mar 2018 (s 2(1) item 1) sch 1 (items 20 ‑ 25, 31(1), 43, 44), sch 2 (items 8 ‑ 11): 6 Mar 2018 (s 2(1) items 2, 4, 5, 7) sch 3 (items 20 ‑ 29, 32): 5 Mar 2022 (s 2(1) item 8) | Amended by No 135 of 2020, effective sch 8: 1 July 2021 (s 2(1) item 9) sch 9 (items 1 ‑ 27, 61 ‑ 66): 1 Jan 2021 (s 2(1) item 10)

s 316 — Effect of sections 313, 314 and 315

Nothing in any one of section 313, 314 or 315 limits the generality of anything else in any other of those sections.

s 317 — Power of Court to punish for contempt of court

Nothing in a provision of this Act that provides: (a) that a person must not contravene an order of the Court; or (b) that a person who contravenes an order of the Court contravenes a provision of this Act or commits an offence; affects the powers of the Court in relation to the punishment of contempts of the Court.

Amendment history: Amended by No 4 of 2016, effective sch 4 (items 1, 296 ‑ 300, 432): 10 Mar 2016 (s 2(1) item 6)

s 318 — Court may resolve transitional difficulties

(1) If any difficulty: (a) arises in applying a provision of this Act in relation to a particular case in relation to which, if this Act had not been enacted, a provision of another law corresponding to the first ‑ mentioned provision would have applied; or (b) arises, because of a provision of this Act, in applying, in relation to a particular case, another provision of this Act or a provision of another law corresponding to another provision of this Act; the Court may, on the application of an interested person, make such order as it thinks proper to remove the difficulty. (2) An order under this section has effect despite anything in a provision of this Act. (3) This section has effect subject to the Constitution.

s 319 — Object of Part

The object of this Part is to set out various rules about court proceedings.

s 320 — Power of Regulator to intervene in proceedings

(1) The Regulator may intervene in any proceeding relating to a matter arising under this Act. (2) If the Regulator intervenes in a proceeding referred to in subsection (1), the Regulator is taken to be a party to the proceeding and, subject to this Act, has all the rights, duties and liabilities of such a party. (3) Without limiting the generality of subsection (2), the Regulator may appear and be represented in any proceeding in which he or she wishes to intervene under subsection (1): (a) by a member of the staff of the Regulator; or (b) by an individual to whom, or by an officer or employee of a person or body to whom or to which, the Regulator has delegated its functions and powers under this Act or such of those functions and powers as relate to a matter to which the proceeding relates; or (c) by solicitor or counsel. Note: For the definition of Regulator , see subsection 10(1).

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 108 of 2011, effective Sch 1 (items 8–16, 20, 21): 1 Nov 2011 (s 2(1) item 2) | Amended by No 23 of 2018, effective sch 1 (items 68 ‑ 71): 1 Apr 2018 (s 2(1) item 8) sch 1 (items 75 ‑ 79): 30 Mar 2018 (s 2(1) item 9) sch 4 (items 11 ‑ 23): 1 July 2018 (s 2(1) item 11)

s 321 — Civil proceedings not to be stayed

No civil proceedings under this Act are to be stayed merely because the proceeding discloses, or arises out of, the commission of an offence.

s 322 — Standard of proof

Where subsection (2) applies (1) Subsection (2) applies if, in proceedings other than proceedings for an offence, it is necessary to establish, or for the Court to be satisfied, for any purpose relating to a matter arising under this Act, that: (a) a person has contravened a provision of this Act; or (b) default has been made in complying with a provision of this Act; or (c) an act or omission was unlawful under a provision of this Act; or (d) a person has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to a contravention of, or a default in complying with, a provision of this Act. Matters to be established etc. on balance of probabilities (2) It is sufficient if the matter referred to in paragraph (1)(a), (b), (c) or (d) is established, or the Court is so satisfied, as the case may be, on the balance of probabilities.

s 323 — Relief from civil liability for contravention of certain provisions

Proceedings to which this section applies (1) This section applies to: (a) eligible proceedings (within the meaning of section 221); and (b) proceedings under subsection 55(3). Defences (2) Subject to subsection (4), in proceedings against a person (the defendant ) in respect of a contravention, it is a defence if the defendant establishes: (a) that the contravention was due to reasonable mistake; or (b) that the contravention was due to reasonable reliance on information supplied by another person; or (c) that: (i) the contravention was due to: (A) the act or default of another person; or (B) an accident; or (C) some other cause beyond the defendant’s control; and (ii) the defendant took reasonable precautions and exercised due diligence to avoid the contravention. Meaning of another person (3) For the purposes of the application of subsection (2) to the defendant, a reference to another person does not include a person who was, at the time when the contravention occurred: (a) in any case—a servant or agent of the defendant; or (b) if the defendant is a body corporate—a director, servant or agent of the defendant. Notice to be given about reliance on defence (4) If a defence provided by subsection (2) involves an allegation that a contravention was due to: (a) reliance on information supplied by another person; or (b) the act or default of another person; the defendant is not entitled to rely on that defence unless: (c) the court grants leave; or (d) both: (i) the defendant has served on the person by whom the proceedings were instituted a written notice giving such information: (A) that would identify, or assist in the identification of, the other person; and (B) as was then in the defendant’s possession; and (ii) that notice is served not later than 7 days before the day on which the hearing of the proceedings begins.

Amendment history: Amended by No 123 of 2001, effective Sch 1 (items 282–285, 287–289, 326–341) and Sch 2 (items 8, 11–48): 11 Mar 2002 (s 2(1), (6), (9A), (18)(a)) Sch 1 (items 286, 290–325C): never commenced (s 2(9A), (10)) Sch 2 (items 9, 10): 1 July 2002 (s 2(1), (21)) | Amended by No 61 of 2013, effective Sch 1 (items 27–37, 43, 48–70, 72–115, 117, 126, 127): 1 July 2013 (s 2(1) items 16, 18, 20–22, 24–26, 28, 32) Sch 1 (items 38–42B, 44–47, 116, 118, 119): 27 June 2013 (s 2(1) items 17, 19, 27, 29) Sch 1 (items 47A, 119A–119C): 1 Jan 2013 (s 2(1) items 19A, 29A) Sch 1 (item 71): never commenced (s 2(1) item 23) Sch 1 (items 129, 130): 26 June 2013 (s 2(1) item 33) | Amended by No 40 of 2019, effective sch 1 ‑ 3, 5, sch 6 (items 21, 22), sch 7, 9: 6 Apr 2019 (s 2(1) items 2, 4) sch 4: 5 July 2019 (s 2(1) item 3)

s 324 — Evidence of contravention

For the purposes of this Act, a certificate that: (a) purports to be signed by the Registrar or other proper officer of an Australian court; and (b) states that: (i) a person was convicted by that court on a specified day of a specified offence; or (ii) a person charged before that court with a specified offence was, on a specified day, found in that court to have committed the offence but that the court did not proceed to convict the person of the offence; is, unless it is proved that the conviction was quashed or set aside, or that the finding was set aside or reversed, as the case may be, conclusive evidence: (c) if subparagraph (b)(i) applies—that the person was convicted of the offence on that day; and (d) if the offence was constituted by a contravention of a provision of a law—that the person contravened that provision.

s 324A — Time for instituting criminal proceedings

Despite anything in any other law, proceedings for an offence against a provision of this Act may be instituted within the period of 5 years after the act or omission alleged to constitute the offence or, with the Minister’s consent, at any later time.

Amendment history: Inserted by No 160 of 2000, effective Sch 3: 18 Jan 2001 (s 2(1))

s 324B — Instituting criminal proceedings

(1) Proceedings before the Federal Court of Australia for an offence against a provision of this Act must not be instituted except with the written consent of the Minister, or of a person authorised in writing by the Minister to give such consents. (2) Subsection (1) does not apply to proceedings instituted by the Regulator or a person authorised in writing by the Regulator. (3) Nothing in this section affects the operation of the Director of Public Prosecutions Act 1983 .

Amendment history: Inserted by No 41 of 2024, effective sch 1 (items 11, 12): 12 June 2024 (s 2(1) item 19)

s 325 — Vesting of property

(1) If an order is made by a court under this Act vesting property in a person: (a) subject to subsections (2) and (3), the property immediately vests in law and in equity in the person named in the order by force of this Act; and (b) if the order is made by a court—the person who applied for the order must, within 7 days after the entering of the order, lodge an office copy of the order with such person (if any) as is specified in the order. (2) If: (a) the property is of a kind whose transfer or transmission may be registered under a law of the Commonwealth, of a State or of a Territory; and (b) that law enables the registration of such an order; the property does not vest in that person at law until the requirements of the law referred to in paragraph (a) have been complied with. (3) If: (a) the property is of a kind whose transfer or transmission may be registered under a law of the Commonwealth, of a State or of a Territory; and (b) that law enables the person named in the order to be registered as the owner of that property; the property does not vest in that person at law until the requirements of the law referred to in paragraph (b) have been complied with.

s 326 — Object of Part

The object of this Part is to empower the Regulator to grant exemptions from, and make modifications of, certain provisions of this Act and the regulations.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 123 of 2001, effective Sch 1 (items 282–285, 287–289, 326–341) and Sch 2 (items 8, 11–48): 11 Mar 2002 (s 2(1), (6), (9A), (18)(a)) Sch 1 (items 286, 290–325C): never commenced (s 2(9A), (10)) Sch 2 (items 9, 10): 1 July 2002 (s 2(1), (21)) | Amended by No 108 of 2011, effective Sch 1 (items 8–16, 20, 21): 1 Nov 2011 (s 2(1) item 2)

s 327 — Interpretation

In this Part: modifiable provision means any of the following: (a) a provision of Part 2A, 2B or 3; (c) section 54; (d) subsection 63(7B), (7C) or (7D); (e) a provision of Part 9; (g) a provision of Part 19 or 24; (h) a provision of any regulations made for the purposes of a provision referred to in paragraphs (a) to (g). Note: For the definition of Regulator , see subsection 10(1).

Amendment history: Amended by No 128 of 1999, effective s 4–8 and Sch 1 (items 44–74): 13 Oct 1999 (s 2(1), (2)) | Amended by No 123 of 2001, effective Sch 1 (items 282–285, 287–289, 326–341) and Sch 2 (items 8, 11–48): 11 Mar 2002 (s 2(1), (6), (9A), (18)(a)) Sch 1 (items 286, 290–325C): never commenced (s 2(9A), (10)) Sch 2 (items 9, 10): 1 July 2002 (s 2(1), (21)) | Amended by No 53 of 2004, effective Sch 1 (items 1–61), Sch 2 and Sch 3 (items 6–14): 1 July 2004 (s 2(1) items 2, 4, 5) Sch 1 (items 62–86): 1 July 2006 (s 2(1) item 3) | Amended by No 154 of 2007, effective Sch 1 (items 136–155, 294–296), Sch 2 (items 3–21), Sch 3 (items 4–12, 14) and Sch 4 (items 57–73): 24 Sept 2007 (s 2(1) items 2, 6, 7) Sch 1 (items 239–244): 1 Jan 2008 (s 2(1) item 3) Sch 1 (items 246–255): 24 Sept 2008 (s 2(1) item 4) | Amended by No 108 of 2011, effective Sch 1 (items 8–16, 20, 21): 1 Nov 2011 (s 2(1) item 2) | Amended by No 12 of 2012, effective Sch 1 (items 11–19): 22 Mar 2012 (s 2(1) item 2) Sch 6 (item 23, 193–199, 204–211): 21 Mar 2012 (s 2(1) items 10, 31) | Amended by No 61 of 2013, effective Sch 1 (items 27–37, 43, 48–70, 72–115, 117, 126, 127): 1 July 2013 (s 2(1) items 16, 18, 20–22, 24–26, 28, 32) Sch 1 (items 38–42B, 44–47, 116, 118, 119): 27 June 2013 (s 2(1) items 17, 19, 27, 29) Sch 1 (items 47A, 119A–119C): 1 Jan 2013 (s 2(1) items 19A, 29A) Sch 1 (item 71): never commenced (s 2(1) item 23) Sch 1 (items 129, 130): 26 June 2013 (s 2(1) item 33) | Amended by No 23 of 2018, effective sch 1 (items 68 ‑ 71): 1 Apr 2018 (s 2(1) item 8) sch 1 (items 75 ‑ 79): 30 Mar 2018 (s 2(1) item 9) sch 4 (items 11 ‑ 23): 1 July 2018 (s 2(1) item 11)

s 328 — Regulator’s powers of exemption—modifiable provisions

(1) The Regulator may, in writing, exempt from compliance with any or all of the modifiable provisions: (a) a particular person or a class of persons; or (b) a particular group of individual trustees or a class of groups of individual trustees. (2) An exemption that applies to a particular person or group is not a legislative instrument. (3) Otherwise, an exemption is a legislative instrument.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Repealed and substituted by No 154 of 2007, effective Sch 1 (items 136–155, 294–296), Sch 2 (items 3–21), Sch 3 (items 4–12, 14) and Sch 4 (items 57–73): 24 Sept 2007 (s 2(1) items 2, 6, 7) Sch 1 (items 239–244): 1 Jan 2008 (s 2(1) item 3) Sch 1 (items 246–255): 24 Sept 2008 (s 2(1) item 4)

s 330 — Regulator’s powers of exemption—general issues

(1) An exemption under this Part may be made either generally or as otherwise provided in the exemption. (2) An exemption under this Part may be unconditional or subject to conditions specified in the exemption. (3) Without limiting this section, an exemption under this Part may relate to a particular superannuation entity or class of superannuation entities.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999)

s 331 — Enforcement of conditions to which exemption is subject

(1) A person must not, without reasonable excuse, contravene a condition of an exemption under this Part. Penalty: 5 penalty units. (1A) Subsection (1) is an offence of strict liability. Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Note 2: For strict liability , see section 6.1 of the Criminal Code . (2) If a person has contravened a condition of an exemption under this Part, the Court may, on the application of the Regulator, order the person to comply with the condition.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 160 of 2000, effective Sch 3: 18 Jan 2001 (s 2(1))

s 332 — Regulator’s powers of modification—modifiable provisions

(1) The Regulator may, in writing, declare that a modifiable provision is to have effect, as if it were modified as specified in the declaration, in relation to: (a) a particular person or class of persons; or (b) a particular group of individual trustees or a class of groups of individual trustees. (2) A declaration that applies to a particular person or group is not a legislative instrument. (3) Otherwise, a declaration is a legislative instrument.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Repealed and substituted by No 154 of 2007, effective Sch 1 (items 136–155, 294–296), Sch 2 (items 3–21), Sch 3 (items 4–12, 14) and Sch 4 (items 57–73): 24 Sept 2007 (s 2(1) items 2, 6, 7) Sch 1 (items 239–244): 1 Jan 2008 (s 2(1) item 3) Sch 1 (items 246–255): 24 Sept 2008 (s 2(1) item 4)

s 334 — Regulator’s powers of modification—general issues

(1) A declaration under this Part may have effect either generally or as otherwise provided in the declaration. (2) Without limiting this section, a declaration under this Part may relate to a particular superannuation entity or class of superannuation entities.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999)

s 335 — Variation and revocation of exemptions and modifications

The Regulator may, in writing, vary or revoke an exemption or declaration under this Part.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Repealed and substituted by No 154 of 2007, effective Sch 1 (items 136–155, 294–296), Sch 2 (items 3–21), Sch 3 (items 4–12, 14) and Sch 4 (items 57–73): 24 Sept 2007 (s 2(1) items 2, 6, 7) Sch 1 (items 239–244): 1 Jan 2008 (s 2(1) item 3) Sch 1 (items 246–255): 24 Sept 2008 (s 2(1) item 4)

s 336 — Notice of exemptions and modifications

If the Regulator: (a) makes an exemption or modification under this Part that applies to a particular person or a particular group of individual trustees; or (b) varies or revokes such an exemption or modification; the Regulator must also notify the person or group in writing of the making, variation or revocation.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Repealed and substituted by No 154 of 2007, effective Sch 1 (items 136–155, 294–296), Sch 2 (items 3–21), Sch 3 (items 4–12, 14) and Sch 4 (items 57–73): 24 Sept 2007 (s 2(1) items 2, 6, 7) Sch 1 (items 239–244): 1 Jan 2008 (s 2(1) item 3) Sch 1 (items 246–255): 24 Sept 2008 (s 2(1) item 4)

s 336F — Self ‑ incrimination

(1) A person is not excused from complying with a requirement under this Act or the Financial Sector (Collection of Data) Act 2001 to give information to the Regulator on the ground that doing so would tend to incriminate the person or make the person liable to a penalty. (2) However, if the person is an individual, the information given by the individual in compliance with the requirement is not admissible in evidence against the individual in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information, if: (a) before giving the information, the individual claims that giving the information might tend to incriminate the individual or make the individual liable to a penalty; and (b) giving the information might in fact tend to incriminate the individual or make the individual liable to a penalty. (3) This section does not apply in relation to a requirement under section 129, 129A, 130 or 130AA or under Part 25. Note 1: See section 130B in relation to requirements under section 129 , 129A, 130 or 130AA. Note 2: See section 287 in relation to requirements under Part 25.

Amendment history: Inserted by No 154 of 2007, effective Sch 1 (items 136–155, 294–296), Sch 2 (items 3–21), Sch 3 (items 4–12, 14) and Sch 4 (items 57–73): 24 Sept 2007 (s 2(1) items 2, 6, 7) Sch 1 (items 239–244): 1 Jan 2008 (s 2(1) item 3) Sch 1 (items 246–255): 24 Sept 2008 (s 2(1) item 4) | Amended by No 135 of 2020, effective sch 8: 1 July 2021 (s 2(1) item 9) sch 9 (items 1 ‑ 27, 61 ‑ 66): 1 Jan 2021 (s 2(1) item 10) | Amended by No 29 of 2023, effective sch 6 (items 192 ‑ 270): 1 July 2023 (s 2(1) item 3)

s 337 — Object of Part

The object of this Part is to set out miscellaneous rules about various matters relating to the operation of this Act.

s 337A — Trustee may give effect to award made under arbitration agreement

If: (a) the former Superannuation Complaints Tribunal made an award in an arbitration conducted under an arbitration agreement entered into under the former Part 7A of the Superannuation (Resolution of Complaints) Act 1993 ; and (b) the award is still in force; nothing in this Act or any other law of the Commonwealth, in any law of a State or Territory (whether written or unwritten) or in the governing rules of a fund, scheme or trust prevents a trustee of a fund, scheme or trust from giving effect to the award.

Amendment history: Inserted by No 118 of 1998, effective Sch 2: 11 Dec 1998 (s 2) | Repealed and substituted by No 116 of 2003, effective Sch 6: 28 Nov 2003 (s 2(1) item 8) | Amended by No 13 of 2018, effective s 4: 5 Mar 2018 (s 2(1) item 1) sch 1 (items 20 ‑ 25, 31(1), 43, 44), sch 2 (items 8 ‑ 11): 6 Mar 2018 (s 2(1) items 2, 4, 5, 7) sch 3 (items 20 ‑ 29, 32): 5 Mar 2022 (s 2(1) item 8)

s 338 — Conduct by directors, servants and agents

State of mind of body corporate (1) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of actual or apparent authority; and (b) that the director, servant or agent had the state of mind. Conduct of director, servant or agent (2) Subject to subsection (3), any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the body corporate. Exception to (2) (3) Subsection (2) does not apply if the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. State of mind of individual (4) If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by a servant or agent of the individual within the scope of actual or apparent authority; and (b) that the servant or agent had the state of mind. Conduct of servant or agent (5) Subject to subsection (6), any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the individual. Exception to (5) (6) Subsection (5) does not apply if the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. No imprisonment in (4) or (5) cases (7) If: (a) an individual is convicted of an offence; and (b) the individual would not have been convicted of the offence if subsections (4) and (5) had not been enacted; the individual is not liable to imprisonment for that offence. Reference to state of mind (8) A reference in subsection (1) or (4) to the state of mind of a person includes a reference to: (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the intention, opinion, belief or purpose. Reference to director (9) A reference in this section to a director of a body corporate includes a reference to a constituent member of, or to a member of a board or other group of persons administering or managing the affairs of, a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory. Reference to engaging in conduct (10) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct. Reference to offence against this Act (11) A reference in this section to an offence against this Act includes a reference to: (a) an offence created by the regulations; and (b) an offence created by section 6 of the Crimes Act 1914 , being an offence that relates to this Act or the regulations. Part 2.5 of the Criminal Code not to apply (12) Part 2.5 of the Criminal Code does not apply in relation to an offence against this Act.

Amendment history: Amended by No 31 of 2001, effective Sch 1 (items 171, 172): 18 Jan 2001 (s 2(2)) Sch 1 (items 173–239): 15 Dec 2001 (s 2(4))

s 338A — Liability of trustees required to ensure thing occurs

A person who is a member of a group of individual trustees is not liable under any offence of strict liability or civil penalty provision of this Act or the regulations in respect of any contravention resulting from a failure by the person to ensure that a particular thing occurs if the person proves that he or she: (a) made all inquiries (if any) that were reasonable in the circumstances; and (b) after doing so, believed on reasonable grounds that his or her obligations were being complied with. Note: In a prosecution for an offence of strict liability against a provision of this Act or the regulations, a defendant bears a legal burden in relation to the matters in this section (see section 13.4 of the Criminal Code ).

Amendment history: Inserted by No 53 of 2004, effective Sch 1 (items 1–61), Sch 2 and Sch 3 (items 6–14): 1 July 2004 (s 2(1) items 2, 4, 5) Sch 1 (items 62–86): 1 July 2006 (s 2(1) item 3)

s 339 — Conviction does not relieve defendant from civil liability

(1) A person is not relieved from any liability to any other person merely because the person has been convicted of an offence against this Act. (2) This section does not apply in relation to a contravention of a civil penalty provision. (3) In this section: offence against this Act has the same meaning as in section 338.

s 341 — Civil immunity where defendant was complying with this Act

A person is not liable in a civil action or civil proceeding in relation to an act done in fulfilment of an obligation imposed by this Act, the regulations or the prudential standards.

Amendment history: Amended by No 117 of 2012, effective Sch 1: 1 July 2013 (s 2(1) item 2) Sch 2 (items 1–7, 9–33, 35–49): 9 Sept 2012 (s 2(1) items 3, 5, 7) Sch 2 (items 8, 34): 1 Jan 2013 (s 2(1) items 4, 6)

s 342 — Pre ‑ 1 July 88 funding credits and debits

(1) A trustee of a fund may apply to APRA for a pre ‑ 1 July 88 funding credit. (2) If an application is made for a pre ‑ 1 July 88 funding credit, APRA must give a written notice to the applicant granting a pre ‑ 1 July 88 funding credit of a specified amount if APRA is satisfied that: (a) the amount consists of, or is the total of, amounts that, under the regulations, are treated as pre ‑ 1 July 88 funding amounts; and (b) paragraph 23(jaa) or section 23FC of the Income Tax Assessment Act, as in force immediately before the commencement of the Taxation Laws Amendment Act (No. 2) 1989 , would have applied to the fund in relation to the 1987 ‑ 88 year of income, if the amendments made by that last ‑ mentioned Act had not been made. (3) An application: (a) must be in the approved form; and (b) must be made on or before the day ascertained in accordance with the regulations; and (c) must contain such information relating to the fund as is required by the form to be provided; and (d) must be accompanied by: (i) such certificates and other documents as the form requires; and (ii) the prescribed application fee. (4) If: (a) a prescribed event has occurred (whether before or after the commencement of this section) in relation to a fund, being an event that relates to: (i) the membership of the fund; or (ii) benefits provided by the fund; and (b) a trustee of the fund fails to notify APRA of the event within the time and in the manner prescribed; APRA must give written notice to a trustee of the fund accordingly. (5) Regulations made for the purposes of paragraph (4)(b) may: (a) require a notification to be accompanied by such information as is prescribed; and (b) enable APRA to grant an extension of time for lodging a notification. (6) If: (a) an event prescribed for the purposes of paragraph (4)(a) has occurred (whether before or after the commencement of this section) in relation to a fund; and (b) a trustee of the fund notifies APRA of the event as and when required by regulations made for the purposes of paragraph (4)(b); and (c) APRA is satisfied that, in accordance with the regulations, a pre ‑ 1 July 88 funding debit of a particular amount should arise in relation to the fund; APRA may give to a trustee of the fund a written notice granting the trustee of the fund a pre ‑ 1 July 88 funding debit of that amount. (7) The regulations may make provision for and in relation to the transfer of pre ‑ 1 July 88 funding credits between funds. (8) Without limiting the generality of subsection (7), the regulations made for the purposes of that subsection must make provision for: (a) the giving by APRA of a notice approving the transfer of a pre ‑ 1 July 88 funding credit of a fund to another fund; and (b) the revocation of such a notice; and (c) requiring notification of such a revocation and of the reasons for the revocation. (9) If: (a) APRA has, under subsection (2) or (6), given a notice to a trustee of a fund; and (b) APRA, after considering information that was not previously considered by APRA, ceases to be satisfied as mentioned in the subsection concerned; APRA must give written notice to a trustee of the fund revoking the notice. (10) If APRA refuses an application under subsection (1), APRA must give written notice to the applicant of the refusal. (11) A notice under subsection (9) or (10) must set out the reasons for the revocation or refusal, as the case requires. (12) APRA must give to the Commissioner of Taxation particulars of all notices given under this section or under regulations made for the purposes of subsection (7). (13) In this section: fund means a superannuation fund.

Amendment history: Amended by No 169 of 1995, effective Sch 4 (items 11–13) and Sch 6: 16 Dec 1995 (s 2(1)) | Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 53 of 2004, effective Sch 1 (items 1–61), Sch 2 and Sch 3 (items 6–14): 1 July 2004 (s 2(1) items 2, 4, 5) Sch 1 (items 62–86): 1 July 2006 (s 2(1) item 3)

s 343 — Rules against perpetuities not to apply to superannuation entity

The rules of law relating to perpetuities do not apply, and are taken never to have applied, to the trusts of any superannuation entity, whether the entity was established before, or is established after, the commencement of this section.

s 344 — Review of certain decisions

Request for review (1) A person who is affected by a reviewable decision of the Regulator may, if dissatisfied with the decision, request the Regulator to reconsider the decision. How request must be made (2) The request must be made by written notice given to the Regulator within the period of 21 days after the day on which the person first receives notice of the decision, or within such further period as the Regulator allows. Request must set out reasons (3) The request must set out the reasons for making the request. Regulator to reconsider decision (4) Upon receipt of the request, the Regulator must reconsider the decision and may, subject to subsection (5), confirm or revoke the decision or vary the decision in such manner as the Regulator thinks fit. Deemed confirmation of decision if delay (5) If the Regulator does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which the Regulator received the request under subsection (1) to reconsider the decision, the Regulator is taken, at the end of that period, to have confirmed the decision under subsection (4). Notice of Regulator’s action (6) If the Regulator confirms, revokes or varies a decision before the end of the period referred to in subsection (5), the Regulator must give written notice to the person telling the person: (a) the result of the reconsideration of the decision; and (b) the reasons for confirming, varying or revoking the decision, as the case may be. Notice to Commissioner of Taxation (7) If the Regulator gives a notice to a person under subsection (6) telling the person that a decision under section 40 has been revoked or varied, the Regulator must give to the Commissioner of Taxation particulars of the notice. ART review (8) Applications may be made to the Administrative Review Tribunal for review of decisions that have been confirmed or varied under subsection (4). Continued operation of decision despite request for review (10) If a request is made under subsection (1) in respect of a reviewable decision, section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the Administrative Review Tribunal Act 2024 applies as if the making of the request were the making of an application to the Administrative Review Tribunal for a review of that decision. (11) An order must not be made under subsection 32(2) of the Administrative Review Tribunal Act 2024 in respect of a reviewable decision except by the Administrative Review Tribunal. Only trustees affected by certain reviewable decisions (12) For the purposes of this section and section 345, a person is taken not to be affected by a reviewable decision (other than a reviewable decision covered by paragraph (dd), (de), (df), (dg), (dl), (dm), (dn), (doa), (dob), (dod), (q), (qa), (qb), (r), (ra), (rb), (rc), (rd), (re), (rf), (rg), (rh), (ri), (s), (t), (ua) or (ub) of the definition of reviewable decision in section 10) unless the person is a trustee of a superannuation entity that is affected by the decision.

Amendment history: Amended by No 144 of 1995, effective s 3, 4(1) and Sch 4 (items 1, 6, 10, 22–27, 30–33, 71–75, 86): 12 Dec 1995 (s 2(1)) s 4(2) and Sch 4 (items 2, 5, 7, 11–13, 28, 29, 34–70, 77–81, 83, 84): 9 Jan 1996 (s 2(3)) s 4(3) and Sch 4 (items 3, 4, 8, 9, 14–21, 76, 82, 85): 16 Dec 1995 (s 2(2)) | Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 160 of 2000, effective Sch 3: 18 Jan 2001 (s 2(1)) | Amended by No 53 of 2004, effective Sch 1 (items 1–61), Sch 2 and Sch 3 (items 6–14): 1 July 2004 (s 2(1) items 2, 4, 5) Sch 1 (items 62–86): 1 July 2006 (s 2(1) item 3) | Amended by No 25 of 2008, effective Sch 1 (items 41–70), Sch 2 (items 26, 27), Sch 3 (items 32–38) and Sch 4 (items 38–43): 26 May 2008 (s 2(1) items 2, 5, 6, 11) | Amended by No 91 of 2012, effective Sch 1 (items 2, 9–17, 20): 29 June 2012 (s 2(1) items 2, 4) Sch 1 (items 18, 19): 9 Sept 2012 (s 2(1) item 3) | Amended by No 158 of 2012, effective Sch 2 (items 1–68, 70–75) and Sch 4 (items 8–18): 31 Jan 2013 (s 2(1) items 5, 8) Sch 4 (items 1–7, 19–24, 54–72): 29 Nov 2012 (s 2(1) items 7, 9, 10) | Amended by No 61 of 2013, effective Sch 1 (items 27–37, 43, 48–70, 72–115, 117, 126, 127): 1 July 2013 (s 2(1) items 16, 18, 20–22, 24–26, 28, 32) Sch 1 (items 38–42B, 44–47, 116, 118, 119): 27 June 2013 (s 2(1) items 17, 19, 27, 29) Sch 1 (items 47A, 119A–119C): 1 Jan 2013 (s 2(1) items 19A, 29A) Sch 1 (item 71): never commenced (s 2(1) item 23) Sch 1 (items 129, 130): 26 June 2013 (s 2(1) item 33) | Amended by No 141 of 2020, effective sch 4 (items 65 ‑ 73, 145): 18 Dec 2020 (s 2(1) item 6) sch 4 (items 127 ‑ 141): 1 July 2024 (s 2(1) item 14) | Amended by No 38 of 2024, effective sch 1 (items 46, 71): 14 Oct 2024 (s 2(1) item 2) | Amended by No 14 of 2025, effective sch 2 (item 36): 21 Feb 2025 (s 2(1) item 2) | Amended by No 57 of 2026, effective sch 3 (items 75 ‑ 86): 30 June 2026 (s 2(1) item 10) sch 2 (items 35 ‑ 41, 60, 61): 1 July 2026 (s 2(1) items 6, 9)

s 345 — Statements to accompany notification of decisions

(1) If a written notice is given to a person affected by a reviewable decision telling the person that the reviewable decision has been made, that notice is to include a statement to the effect that: (a) the person may, if dissatisfied with the decision, seek a reconsideration of the decision by the Regulator in accordance with subsection 344(1); and (b) the person may, subject to the Administrative Review Tribunal Act 2024 , if dissatisfied with a decision made by the Regulator upon that reconsideration confirming or varying the first ‑ mentioned decision, make application to the Administrative Review Tribunal for review of the decision so confirmed or varied. (2) If the Regulator confirms or varies a reviewable decision under subsection 344(4) and gives to the person written notice of the confirmation or variation of the decision, that notice is to include a statement to the effect that the person may, subject to the Administrative Review Tribunal Act 2024 , if dissatisfied with the decision so confirmed or varied, make application to the Administrative Review Tribunal for review of the decision. (3) A failure to comply with the requirements of subsections (1) and (2) in relation to a reviewable decision or a decision under subsection 344(4) does not affect the validity of that decision.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 141 of 2020, effective sch 4 (items 65 ‑ 73, 145): 18 Dec 2020 (s 2(1) item 6) sch 4 (items 127 ‑ 141): 1 July 2024 (s 2(1) item 14) | Amended by No 38 of 2024, effective sch 1 (items 46, 71): 14 Oct 2024 (s 2(1) item 2) | Amended by No 57 of 2026, effective sch 3 (items 75 ‑ 86): 30 June 2026 (s 2(1) item 10) sch 2 (items 35 ‑ 41, 60, 61): 1 July 2026 (s 2(1) items 6, 9)

s 347 — How information may be given to the Commissioner of Taxation

If a provision of this Act requires or authorises the Regulator to give information to the Commissioner of Taxation, the information may be given by means of a data processing device.

Amendment history: Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999)

s 347A — The Regulator may collect statistical information

Collection (1) The Regulator may collect such statistical information about superannuation entities as the Regulator considers appropriate. Survey forms (2) For the purposes of subsection (1), the Regulator may, by writing, approve one or more forms (the survey forms ). Instructions in survey forms (3) A survey form must contain instructions about the following matters: (a) filling up and supply of the particulars specified in the form; (b) giving the filled ‑ up form to a person (the authorised recipient ) specified in the instructions. The authorised recipient must be the Regulator or a delegate of the Regulator. Notice to trustee about participation in the Regulator’s statistics program (4) The Regulator may, by written notice given to a trustee of a superannuation entity, determine that the trustee is a participant, or trustees of the entity are participants in the Regulator’s statistics program. The notice must set out the effect of subsections (5) and (6). Obligations of participants in the Regulator’s statistics program (5) At any time when a determination under subsection (4) is in force in relation to a trustee of a superannuation entity, the Regulator may give the trustee a survey form. In that event, the trustee must: (a) fill up and supply, in accordance with the instructions contained in the form, the particulars specified in the form; and (b) give the filled ‑ up form to the authorised recipient in accordance with those instructions. Note: Section 166 imposes an administrative penalty for a contravention of subsection (5) in relation to a self managed superannuation fund. (6) A trustee commits an offence if the trustee contravenes subsection (5). Penalty: 50 penalty units. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Survey form and determination may be given at the same time (7) For the purposes of subsection (5), if a determination under subsection (4) is given to a trustee of a superannuation entity at the same time as a survey form, the determination is taken to have been in force at the time when the survey form was given to the trustee. Survey period (8) The particulars specified in a survey form must relate to one or more specified periods (the survey periods ). The instructions contained in a survey form must not require a trustee to give the filled ‑ up form to the authorised recipient before the 28th day after: (a) the end of the survey period; or (b) if there is more than one survey period—the end of the most recent survey period. Extension of lodgment period—particular survey forms (9) The Regulator may extend the period within which a particular filled ‑ up form is to be given to the authorised recipient. Extension of lodgment period—general (10) The Regulator may, by notifiable instrument, extend the period within which a specified class of filled ‑ up survey forms is to be given to the authorised recipient. Delegation (11) The Regulator may, by writing, delegate to a person any or all of the Commissioner’s powers under this section. Section does not limit other powers (12) This section does not, by implication, limit: (a) any other provision of this Act; or (b) anything in the Census and Statistics Act 1905 . (13) In this section: Regulator means the Commissioner of Taxation.

Amendment history: Inserted by No 169 of 1995, effective Sch 4 (items 11–13) and Sch 6: 16 Dec 1995 (s 2(1)) | Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 121 of 1999, effective Sch 1 (items 1–28, 30–43, 45–49, 51–53, 55–136): 8 Oct 1999 (s 2(1)) Sch 1 (items 29, 54): 1 Apr 2000 (s 2(2)) Sch 1 (items 44, 50): 1 July 2000 (s 2(3)) | Amended by No 160 of 2000, effective Sch 3: 18 Jan 2001 (s 2(1)) | Amended by No 121 of 2001, effective Sch 2 (items 97–147): 1 July 2002 (s 2(2)) | Amended by No 53 of 2004, effective Sch 1 (items 1–61), Sch 2 and Sch 3 (items 6–14): 1 July 2004 (s 2(1) items 2, 4, 5) Sch 1 (items 62–86): 1 July 2006 (s 2(1) item 3) | Amended by No 82 of 2010, effective Sch 4 (items 30–36) and Sch 6 (items 1, 51–78): 27 July 2010 (s 2(1) items 15, 17–19) | Amended by No 136 of 2012, effective Sch 2 (item 15): 27 July 2010 (s 2(1) item 15) | Amended by No 11 of 2014, effective Sch 1: 18 Mar 2014 (s 2(1) item 2) Sch 2 (items 1–25, 27): 1 July 2014 (s 2(1) item 3) | Amended by No 4 of 2016, effective sch 4 (items 1, 296 ‑ 300, 432): 10 Mar 2016 (s 2(1) item 6) | Amended by No 69 of 2023, effective sch 1 (items 136 ‑ 142): 1 Jan 2024 (s 2(1) item 3) sch 4 (items 24 ‑ 41, 48, 65 ‑ 68): 15 Sept 2023 (s 2(1) item 5) sch 4 (items 111 ‑ 113): 1 Oct 2023 (s 2(1) item 6)

s 348 — The Regulator may publish statistical information

(1) Subject to subsection (2), the Regulator may arrange for the publication of statistical information relating to superannuation entities or relating to payments made to persons. (2) The Regulator must not arrange for the publication of statistical information in a manner that enables the identification of: (a) a superannuation entity; or (b) a person. (3) The Regulator may determine that fees are to be paid in respect of the supply of publications in accordance with this section. (4) In this section: Regulator means the Commissioner of Taxation.

Amendment history: Amended by No 169 of 1995, effective Sch 4 (items 11–13) and Sch 6: 16 Dec 1995 (s 2(1)) | Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 121 of 1999, effective Sch 1 (items 1–28, 30–43, 45–49, 51–53, 55–136): 8 Oct 1999 (s 2(1)) Sch 1 (items 29, 54): 1 Apr 2000 (s 2(2)) Sch 1 (items 44, 50): 1 July 2000 (s 2(3)) | Amended by No 121 of 2001, effective Sch 2 (items 97–147): 1 July 2002 (s 2(2))

s 348A — Quarterly reports about superannuation

(1) As soon as practicable after the end of each quarter, the Regulator must publish the following information on its website in respect of the quarter: (a) the fees charged in relation to MySuper products, on a product by product basis; (b) the costs incurred in relation to MySuper products, on a product by product basis; (c) the net returns to beneficiaries of regulated superannuation funds who hold MySuper products, on a product by product basis; (d) any other information prescribed by the regulations. (2) The Regulator must not publish the information in a manner that enables the identification of a beneficiary of a regulated superannuation fund. (4) In this section: Regulator means APRA.

Amendment history: Inserted by No 171 of 2012, effective Sch 1 (items 1–6, 8–36, 39–41), Sch 3 (item 40), Sch 4 (items 11–13), Sch 5 (items 4–10), Sch 6 and Sch 8 (items 2, 3): 1 Jan 2013 (s 2(1) items 2, 4–8, 10, 11, 17, 21, 23, 24, 27, 28) Sch 1 (item 7): never commenced (s 2(1) item 3) Sch 1 (items 37, 38): 4 Dec 2012 (s 2(1) item 9) Sch 2 (items 2–4, 6, 7), Sch 3 (items 38, 39, 41–44, 47) and Sch 7 (items 1–17): 1 July 2013 (s 2(1) items 13, 15, 16, 18, 25) Sch 2 (item 5): 3 Dec 2012 (s 2(1) item 14)

s 349 — This Act and the regulations to be subject to certain superannuation orders

This Act, the regulations and the prudential standards apply in relation to a regulated superannuation fund subject to the effect of any superannuation order within the meaning of the Australian Federal Police Act 1979 or the Crimes (Superannuation Benefits) Act 1989 that is made in respect of any member of the fund.

Amendment history: Amended by No 38 of 1999, effective Sch 2 (items 1–32): 31 May 1999 (s 2(1)) Sch 2 (items 33–42): 28 June 1999 (s 2(2)) Sch 2 (items 43, 44): 5 June 1997 (s 2(3)) Sch 2 (item 45): 1 July 1999 (s 2(4)) Sch 2 (item 46): 1 Dec 1999 (s 2(5)) | Amended by No 117 of 2012, effective Sch 1: 1 July 2013 (s 2(1) item 2) Sch 2 (items 1–7, 9–33, 35–49): 9 Sept 2012 (s 2(1) items 3, 5, 7) Sch 2 (items 8, 34): 1 Jan 2013 (s 2(1) items 4, 6)

s 349A — Payment out of a fund in accordance with the Bankruptcy Act 1966

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, the regulations or the prudential standards prevents a 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 .

Amendment history: Inserted by No 144 of 1995, effective s 3, 4(1) and Sch 4 (items 1, 6, 10, 22–27, 30–33, 71–75, 86): 12 Dec 1995 (s 2(1)) s 4(2) and Sch 4 (items 2, 5, 7, 11–13, 28, 29, 34–70, 77–81, 83, 84): 9 Jan 1996 (s 2(3)) s 4(3) and Sch 4 (items 3, 4, 8, 9, 14–21, 76, 82, 85): 16 Dec 1995 (s 2(2)) | Amended by No 53 of 2004, effective Sch 1 (items 1–61), Sch 2 and Sch 3 (items 6–14): 1 July 2004 (s 2(1) items 2, 4, 5) Sch 1 (items 62–86): 1 July 2006 (s 2(1) item 3) | Amended by No 117 of 2012, effective Sch 1: 1 July 2013 (s 2(1) item 2) Sch 2 (items 1–7, 9–33, 35–49): 9 Sept 2012 (s 2(1) items 3, 5, 7) Sch 2 (items 8, 34): 1 Jan 2013 (s 2(1) items 4, 6)

s 349B — Acquisition of property

(1) This Act does not apply to the extent (if any) that its operation would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph). (2) The following subsections do not limit subsection (1). (3) If, apart from this section, this Act would result in such an acquisition of property because: (a) it would require a person to take action in relation to an accrued default amount; or (b) it would require a person to take action in relation to an asset of the kind mentioned in subparagraph 29SAB(a)(i); or (c) it would require a person to take action in relation to an amount held in an entity that is or was an eligible rollover fund; then despite any other provision of this Act, the person is not required to take that action. (4) If, apart from this section, this Act would result in such an acquisition of property because it would prevent the charging of a fee of a kind mentioned in paragraph 29SAC(1)(a) or 242C(1)(a), then despite any other provision of this Act, the person is not prevented from charging that fee. (5) If, apart from this section, this Act would result in such an acquisition of property because it would require or permit a person to use, disclose or publish information, then despite any other provision of this Act, the person is not required or permitted to use, disclose or publish the information in the circumstances that would result in such an acquisition. (6) If, apart from this section, this Act would result in such an acquisition of property because it excuses a person from liability, then despite any other provision of this Act, the person is not excused from the liability. (6A) If, apart from this section, this Act would result in such an acquisition of property because it would require a person to comply with a direction given under this Act, then despite any other provision of this Act, the person is not required to comply with the direction in circumstances that would result in such an acquisition. (7) To avoid doubt, any provision that does not result in an acquisition of property continues to apply in relation to: (a) action in relation to accrued default amounts; and (b) action in relation to an asset of the kind mentioned in subparagraph 29SAB(a)(i); and (ba) action in relation to an amount held in an entity that is or was an eligible rollover fund; and (c) the charging of a fee of a kind mentioned in paragraph 29SAC(1)(a) or 242C(1)(a); and (d) the use, disclosure and publication of information; and (e) a liability; and (f) a direction given under this Act.

Amendment history: Inserted by No 171 of 2012, effective Sch 1 (items 1–6, 8–36, 39–41), Sch 3 (item 40), Sch 4 (items 11–13), Sch 5 (items 4–10), Sch 6 and Sch 8 (items 2, 3): 1 Jan 2013 (s 2(1) items 2, 4–8, 10, 11, 17, 21, 23, 24, 27, 28) Sch 1 (item 7): never commenced (s 2(1) item 3) Sch 1 (items 37, 38): 4 Dec 2012 (s 2(1) item 9) Sch 2 (items 2–4, 6, 7), Sch 3 (items 38, 39, 41–44, 47) and Sch 7 (items 1–17): 1 July 2013 (s 2(1) items 13, 15, 16, 18, 25) Sch 2 (item 5): 3 Dec 2012 (s 2(1) item 14) | Amended by No 171 of 2012, effective Sch 1 (items 1–6, 8–36, 39–41), Sch 3 (item 40), Sch 4 (items 11–13), Sch 5 (items 4–10), Sch 6 and Sch 8 (items 2, 3): 1 Jan 2013 (s 2(1) items 2, 4–8, 10, 11, 17, 21, 23, 24, 27, 28) Sch 1 (item 7): never commenced (s 2(1) item 3) Sch 1 (items 37, 38): 4 Dec 2012 (s 2(1) item 9) Sch 2 (items 2–4, 6, 7), Sch 3 (items 38, 39, 41–44, 47) and Sch 7 (items 1–17): 1 July 2013 (s 2(1) items 13, 15, 16, 18, 25) Sch 2 (item 5): 3 Dec 2012 (s 2(1) item 14) | Amended by No 40 of 2019, effective sch 1 ‑ 3, 5, sch 6 (items 21, 22), sch 7, 9: 6 Apr 2019 (s 2(1) items 2, 4) sch 4: 5 July 2019 (s 2(1) item 3)

s 350 — Concurrent operation of State/Territory laws

It is the intention of the Parliament that this Act is not to apply to the exclusion of a law of a State or Territory to the extent that that law is capable of operating concurrently with this Act.

s 353 — Regulations

(1) The Governor ‑ General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act; and without limiting the generality of the above, may make regulations: (c) prescribing fees in respect of any matter under this Act; and (d) prescribing penalties not exceeding 10 penalty units in respect of offences against the regulations. (2) Without limiting the generality of subsection (1), the regulations may make provision for and in relation to the keeping of one or more registers by the Regulator, where the registers relate to matters arising under this Act or the regulations. In particular, the regulations may make provision for the following: (a) a register to be kept in such form and manner as the Regulator directs; (b) persons to inspect a register; (c) persons to obtain information contained in a register; (d) fees to be charged for such an inspection or for providing such information.

Amendment history: Amended by No 53 of 1995, effective Sch 5 and Note about section heading: 1 July 1995 (s 2) | Amended by No 54 of 1998, effective Sch 16 (items 1–222): 1 July 1998 (s 2(2)(n)) Sch 16 items 223–231): 31 May 1999 (s 2(14)(b)) Sch 16 (items 232–236): never commenced (s 2(15)(b), (16)(b)) Sch 16 (item 237): 29 June 1998 (s 2(1) as added by Act No. 44, 1999) | Amended by No 41 of 2011, effective Sch 2 and Sch 3 (items 3–13): 1 July 2011 (s 2(1) items 5, 6) Sch 3 (items 17, 18, 19(2)): 1 Jan 2012 (s 2(1) item 7)

s 381 — Object of Part

The object of this Part is to allow a member of a fund, scheme or trust to quote his or her tax file number to the trustee before the commencement of Parts 22 and 24. Those Parts commence on 1 July 1994. Note: Part 22 was repealed by the Superannuation (Unclaimed Money and Lost Members) Consequential and Transitional Act 1999 .

Amendment history: Amended by No 128 of 1999, effective s 4–8 and Sch 1 (items 44–74): 13 Oct 1999 (s 2(1), (2))

s 383 — Pre ‑ 1 July 1994 quotation of tax file number to be treated as if made under provisions commencing on 1 July 1994

(1) This section applies if a beneficiary or member of a fund, scheme or trust quotes his or her tax file number to the trustee under section 382 as in force immediately before its repeal by the Treasury Laws Amendment (2019 Measures No. 1) Act 2019 . (2) This Act has effect, after 30 June 1994, as if the beneficiary or member had quoted that tax file number to the trustee under subsections 225(4) and 245(2), as in force immediately before their repeal by the Taxation Laws Amendment Act (No. 2) 1996 , immediately after the beginning of 1 July 1994.

Amendment history: Amended by No 76 of 1996, effective Sch 4 (items 1–18): 16 Feb 1997 (s 2(4)) | Amended by No 49 of 2019, effective sch 4 (items 95 ‑ 104): 1 July 2019 (s 2(1) item 12)