{"id":"F2006L00326","name":"Decision to refuse to consider any further RSE Licence Applications (02/02/2006)","slug":"decision-to-refuse-to-consider-any-further-rse-licence-applications-02-02-2006","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":116927,"registerId":"commonwealth-F2006L00326-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Decision to refuse to consider any further RSE Licence Applications (02/02/2006)","content":"![](image.001.png)\n\nDecision to refuse to consider any further RSE Licence Applications\n\nSuperannuation Industry (Supervision) Act 1993\n\nSINCE\n\n1.  the licensing transition period started on 1 July 2004 and is due to end on 30 June 2006; and\n\nB. there is now 6 months or less to the end of the licensing transition period;\n\nI, Kerry Ross Jones, Deputy Chair and a delegate of APRA, under subsection 29CB(3) of the Superannuation Industry (Supervision) Act 1993 (the Act), determine that APRA REFUSES to consider, under subsection 29CB(2) of the Act, any further applications for RSE licences that are received by APRA before the end of the licensing transition period for RSE licences to be granted to:\n\n(i) bodies corporate that were trustees of registrable superannuation entities at the start of the licensing transition period; or\n\n(ii) groups of individual trustees with one or more members who were each a trustee of a registrable superannuation entity at the start of the licensing transition period.\n\nThis instrument comes into effect on 18 February 2006.\n\nDated 2 February 2006\n\n\\[Signed\\]  \n………………………\n\nKerry Ross Jones\n\nDeputy Chair\n\nInterpretation\n\nIn this Notice\n\n> APRA means the Australian Prudential Regulation Authority.\n\n> group of individual trustees has the meaning given in subsection 10(1) of the Act.\n\n> licensing transition period has the meaning given in subsection 10(1) of the Act\n\n> RSE licence has the meaning given in subsection 10(1) of the Act.\n\n> Note 1 By virtue of subsection 29CB(5) of the Act, the effect of this refusal is that applications for RSE licences received after 17 February 2006 from the trustees mentioned in paragraphs (i) and (ii) will be taken, at the end of the licensing transition period, to have been received by APRA immediately after the end of the licensing transition period.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument narrows APRA’s administrative handling of RSE licence applications during the licensing transition by refusing to consider specified applications received before the transition end and invoking the deeming rule in subsection 29CB(5) to treat them as received after the transition. That shifts the timing of consideration and eligibility for the affected trustees (see subsections 29CB(2), 29CB(3) and 29CB(5))."},"complexity_factors":["Temporal cutoff and effective date: instrument takes effect 18 February 2006 and applies to applications received before the end of the licensing transition period (creates timing-driven legal effect).","Use of delegated statutory power: decision made under subsection 29CB(3) to refuse consideration under subsection 29CB(2) (delegation and exercise of administrative discretion).","Deemed-receipt mechanism: subsection 29CB(5) (noted in the instrument) causes affected applications to be treated as received immediately after the transition period, changing procedural timing and eligibility windows.","Reliance on statutory definitions: key terms (APRA; group of individual trustees; licensing transition period; RSE licence) reference subsection 10(1) of the Act, so legal effect depends on those definitions.","Narrow target group: affects bodies corporate trustees and groups of individual trustees who were trustees at the start of the transition — limited population but concentrated effect.","Operational impact on applicants: creates a predictable delay and alters application timing incentives and compliance planning for affected trustees.","Low textual complexity: short instrument with a single operative decision, reducing interpretive ambiguity but placing weight on interaction with the cited Act provisions."],"plain_english_summary":"This instrument directs APRA to stop considering any further RSE licence applications received before the end of the licensing transition period from corporate trustees and groups of individual trustees who were trustees at the start of that period. Mechanically it defers those applications — applications received after 17 February 2006 are treated as if received immediately after the transition ends, postponing APRA’s assessment and any licensing outcome."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 29CB of the Superannuation Industry (Supervision) Act 1993—allowing APRA to refuse consideration of late applications during the licensing transition period. The scope remains tightly confined to the statutory purpose of managing the RSE licensing transition timeline."},"complexity_factors":["Short, single-purpose instrument (approximately 250 words)","Only 4 defined terms in the interpretation section","Simple conditional structure (time-based trigger)","Minimal cross-referencing (only references to the parent Act for definitions)","Single operative provision with straightforward legal effect","Note provides helpful explanation of statutory consequence without adding complexity"],"plain_english_summary":"APRA has decided that from 18 February 2006 it will no longer accept new RSE licence applications from trustees who were in office at 1 July 2004 (including trustee companies and groups of individual trustees with such members). Applications received after 17 February will be treated as if lodged after the 30 June 2006 deadline, effectively dooming late applicants to rejection or lengthy delay. This primarily affects existing superannuation trustees who have not yet applied."}},"importantCases":[],"_links":{"self":"/api/acts/decision-to-refuse-to-consider-any-further-rse-licence-applications-02-02-2006","history":"/api/acts/decision-to-refuse-to-consider-any-further-rse-licence-applications-02-02-2006/history","analysis":"/api/acts/decision-to-refuse-to-consider-any-further-rse-licence-applications-02-02-2006/analysis","conflicts":"/api/acts/decision-to-refuse-to-consider-any-further-rse-licence-applications-02-02-2006/conflicts","importantCases":"/api/acts/decision-to-refuse-to-consider-any-further-rse-licence-applications-02-02-2006/important-cases","documents":"/api/acts/decision-to-refuse-to-consider-any-further-rse-licence-applications-02-02-2006/documents"}}