Document ID: chunk:federal_register_of_legislation:C2010C00224:clause:1_6:p1
Version: federal_register_of_legislation:C2010C00224
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/2)
Character Range: 81991–84845

6                                                                                           an order made under section 130D                                                 section 130E                                                a disqualification made by APRA under section 131 that is continued in force under subitem (3)

(5) Sections 126A, 126H, 130D and 131 of the Superannuation Industry (Supervision) Act 1993 (as in force immediately after this item commences) apply in relation to any conduct engaged in by a person, whether before or after this item commences.

Waivers of disqualifications

(6) If:
 (a) either:
 (i) a person applies to APRA for a declaration under section 126D of the Superannuation Industry (Supervision) Act 1993 waiving his or her status as a disqualified person; or
 (ii) a person applies to APRA under section 131 of the Superannuation Industry (Supervision) Act 1993 for the revocation of an order under section 131 of that Act; and
 (b) APRA has not made a decision on the application at the time this item commences;
the application is taken to be withdrawn at that time.

Note: See subitem (9) for the treatment of a decision by APRA under section 126D or 131 of the Superannuation Industry (Supervision) Act 1993 in respect of which review proceedings are on foot at commencement.

(7) A declaration by APRA under section 126D of the Superannuation Industry (Supervision) Act 1993 that is in force immediately before this item commences continues in force after that time. However, APRA may not revoke the declaration.

(8) If:
 (a) a declaration in relation to a person continues in force under subitem (7); and
 (b) after this item commences, an order is made under section 126H or 130D of the Superannuation Industry (Supervision) Act 1993 (as in force at that time) that the person is disqualified from being or acting as a person referred to in subsection 126H(2) or 130D(3) (as the case requires) of that Act;
the declaration ceases to be in force.

Review proceedings on foot at commencement

(9) The amendments to the Superannuation Industry (Supervision) Act 1993 made by this Schedule do not affect:
 (a) any request, in relation to a decision made by APRA or the Commissioner of Taxation under section 120A, 126D or 131 of that Act, for a review that is pending under section 344 of that Act immediately before the commencement of this item; or
 (b) any proceeding, in relation to a decision by APRA or the Commissioner of Taxation under section 120A, 126D or 131 of that Act that has been confirmed or varied under subsection 344(4) of that Act, that is pending before the Administrative Appeals Tribunal immediately before the commencement of this item; or
 (c) any appeal to a court in relation to a proceeding referred to in paragraph (b).

(10) If a disqualification under section 120A or 131,