Document ID: chunk:federal_register_of_legislation:C2004A04762:body:0:p18
Version: federal_register_of_legislation:C2004A04762
Segment Type: other
Provision Reference: 
Character Range: 44333–47143

the following section
is substituted:
Annual report of Commissioner in relation to superseded Act
  "161A. The Commissioner must, as soon as practicable after the end of each
financial year, prepare and give to the Minister a report on the general
administration and operation of the superseded Act during that year.".

SUPERANNUATION LEGISLATION AMENDMENT ACT 1994 No. 86, 1994 - SECT 40
Minister may request the supply of information

SECT
  40. Section 163 of the Principal Act is amended:
  (a) by omitting from subsection (1) "this Act (other than Part III) and";
  (b) by omitting from subsection (3) "performance of its functions" and
substituting "general administration and operation of this Act (including the
investment of the Fund)".

SUPERANNUATION LEGISLATION AMENDMENT ACT 1994 No. 86, 1994 - SECT 41
Making false statements to Board, Commissioner etc.

SECT
  41. Section 167 of the Principal Act is amended:
  (a) by inserting in subsection (2) "the Board, a member of the Board, a
delegate of the Board," after "means";
  (b) by omitting from subsection (3) all the words from and including "order"
to the end of the subsection and substituting the following words and
paragraphs:
  "order the person:
  (a) in relation to an offence relating to the superseded Act-to pay to the
Commissioner; or
  (b) otherwise-to pay to the Board;
an amount equal to any amount of benefit paid to the person as a result of the
act, failure or omission in respect of which the person was convicted.";
  (c) by omitting from subsection (4) ", under the hand of the Commissioner,"
and substituting "by the Commissioner or the Board stating";
  (d) by inserting after subsection (4) the following subsection:
  (4A) In any proceeding, a document purporting to be a certificate under
subsection (4) is taken, unless the contrary is proved, to be such a
certificate and to have been duly given.".

SUPERANNUATION LEGISLATION AMENDMENT ACT 1994 No. 86, 1994 - SECT 42
Insertion of new section

SECT
  42. After section 167AA of the Principal Act, the following section is
inserted:
Exercise of certain powers by Minister
  "167AB. The Minister may not make a declaration or determination (other than
a determination under section 241) under this Act that is a disallowable
instrument unless:
  (a) the Board has consented to the making of the declaration or
determination; or
  (b) the declaration or determination:
    (i) relates to a payment by an employer-sponsor within the meaning
of the Superannuation Industry (Supervision) Act 1993 that will, after the
making of the declaration or determination, be required or permitted to be
made under this Act; or
    (ii) relates solely to the termination of the Fund; or
    (iii) is made or given in circumstances covered by regulations made
for the purposes