{"id":"F2021L00361","name":"Superannuation Data and Payment Standards (Release Authorities, and SMSF Rollovers) Amendment 2021","slug":"superannuation-data-and-payment-standards-release-authorities-and-smsf-rollovers-amendment-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101577,"registerId":"commonwealth-F2021L00361-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1. Name of Standard","sectionType":"part","heading":"1. Name of Standard","content":"## 1. Name of Standard\n\nThis Standard is the Superannuation Data and Payment Standards (Release Authorities, and SMSF Rollovers) Amendment 2021.","sortOrder":0},{"sectionNumber":"2. Commencement","sectionType":"part","heading":"2. Commencement","content":"## 2. Commencement\n\nThis Standard commences on the day after its registration on the Federal Register of Legislation.","sortOrder":1},{"sectionNumber":"3. Application","sectionType":"part","heading":"3. Application","content":"## 3. Application\n\nThis Standard applies to trustees of regulated superannuation funds and approved deposit funds that are required to comply with the Superannuation Data and Payment Standards 2012 (F2016C01040) registered on 9 December 2016.","sortOrder":2},{"sectionNumber":"4. What this Standard does","sectionType":"part","heading":"4. What this Standard does","content":"## 4. What this Standard does\n\nThis Standard amends clause 2, clause 4, clause 5, clause 6, clause 8 and clause 9 of the Superannuation Data and Payment Standards 2012.\n\nThis Standard requires trustees of self-managed superannuation funds (SMSFs) to comply with the Superannuation Data and Payment Standards 2012 in relation to rollovers and transfers that are requested on or after 31 March 2021.\n\nThis Standard also requires trustees of both SMSFs and APRA-regulated superannuation entities, in relation to release authorities issued on or after 31 March 2021 by the Commissioner of Taxation under Division 131 of Schedule 1 to the Taxation Administration Act 1953, to comply with the Superannuation Data and Payment Standards 2012. However, this Standard does not apply to a release authority issued by the Commissioner on or after 31 March 2021 where the release authority is issued outside of requirements of the Superannuation Data and Payment Standards 2012.\n\nThis Standard repeals Schedule 1 to the Superannuation Data and Payment Standards 2012.","sortOrder":3},{"sectionNumber":"5. Amendment","sectionType":"part","heading":"5. Amendment","content":"## 5. Amendment\n\nThe following amendments are made to clause 2, clause 4, clause 5, clause 6, clause 8 and clause 9 of the Superannuation Data and Payment Standards 2012 and repeals Schedule 1 to the Superannuation Data and Payment Standards 2012:","sortOrder":4},{"sectionNumber":"Clause 2","sectionType":"division","heading":"Clause 2","content":"### Clause 2\n\nOmit the words: Federal Register of Legislative Instruments\n\nSubstitute the words: Federal Register of Legislation","sortOrder":5},{"sectionNumber":"Clause 4","sectionType":"division","heading":"Clause 4","content":"### Clause 4\n\nOmit subclause 4(a)\n\nInsert: trustees of APRA-regulated superannuation entities;\n\nSubclause 4(b), omit all\n\nSubstitute:\n\n(b) trustees of self\\-managed superannuation funds (SMSFs) except in relation to:\n\n(i) receiving contributions from employers that are related parties of the SMSF; and\n\n(ii) information or payments required under the Superannuation (Unclaimed Money and Lost Members) Act 1999.","sortOrder":6},{"sectionNumber":"Clause 5","sectionType":"division","heading":"Clause 5","content":"### Clause 5\n\nAfter subclause 5(d) insert:\n\n(da) a trustee of an SMSF, in relation to rollovers and transfers as the transferring fund or receiving fund, requested on and after 31 March 2021;\n\n(db) a trustee of an APRA-regulated superannuation entity or an SMSF, in relation to a release authority issued by the Commissioner of Taxation under Division 131 of Schedule 1 to the Taxation Administration Act 1953, on and after 31 March 2021;","sortOrder":7},{"sectionNumber":"Clause 6","sectionType":"division","heading":"Clause 6","content":"Australian Taxation Office Legislative Instrument\n\nInstrument ID: 2021/SEO/0005\n\nStandard\n\nSuperannuation Data and Payment Standards (Release Authorities, and SMSF Rollovers) Amendment 2021\n\nI, Louise Clarke, Deputy Commissioner of Taxation, make this Standard under subsection 34K(3) of the Superannuation Industry (Supervision) Act 1993.\n\nLouise Clarke\n\nDeputy Commissioner of Taxation\n\nPolicy, Analysis and Legislation\n\nLaw Design and Practice\n\nDate of making: 9 March 2021\n\n## 1. Name of Standard\n\nThis Standard is the Superannuation Data and Payment Standards (Release Authorities, and SMSF Rollovers) Amendment 2021.\n\n## 2. Commencement\n\nThis Standard commences on the day after its registration on the Federal Register of Legislation.\n\n## 3. Application\n\nThis Standard applies to trustees of regulated superannuation funds and approved deposit funds that are required to comply with the Superannuation Data and Payment Standards 2012 (F2016C01040) registered on 9 December 2016.\n\n## 4. What this Standard does\n\nThis Standard amends clause 2, clause 4, clause 5, clause 6, clause 8 and clause 9 of the Superannuation Data and Payment Standards 2012.\n\nThis Standard requires trustees of self-managed superannuation funds (SMSFs) to comply with the Superannuation Data and Payment Standards 2012 in relation to rollovers and transfers that are requested on or after 31 March 2021.\n\nThis Standard also requires trustees of both SMSFs and APRA-regulated superannuation entities, in relation to release authorities issued on or after 31 March 2021 by the Commissioner of Taxation under Division 131 of Schedule 1 to the Taxation Administration Act 1953, to comply with the Superannuation Data and Payment Standards 2012. However, this Standard does not apply to a release authority issued by the Commissioner on or after 31 March 2021 where the release authority is issued outside of requirements of the Superannuation Data and Payment Standards 2012.\n\nThis Standard repeals Schedule 1 to the Superannuation Data and Payment Standards 2012.\n\n## 5. Amendment\n\nThe following amendments are made to clause 2, clause 4, clause 5, clause 6, clause 8 and clause 9 of the Superannuation Data and Payment Standards 2012 and repeals Schedule 1 to the Superannuation Data and Payment Standards 2012:\n\n### Clause 2\n\nOmit the words: Federal Register of Legislative Instruments\n\nSubstitute the words: Federal Register of Legislation\n\n### Clause 4\n\nOmit subclause 4(a)\n\nInsert: trustees of APRA-regulated superannuation entities;\n\nSubclause 4(b), omit all\n\nSubstitute:\n\n(b) trustees of self\\-managed superannuation funds (SMSFs) except in relation to:\n\n(i) receiving contributions from employers that are related parties of the SMSF; and\n\n(ii) information or payments required under the Superannuation (Unclaimed Money and Lost Members) Act 1999.\n\n### Clause 5\n\nAfter subclause 5(d) insert:\n\n(da) a trustee of an SMSF, in relation to rollovers and transfers as the transferring fund or receiving fund, requested on and after 31 March 2021;\n\n(db) a trustee of an APRA-regulated superannuation entity or an SMSF, in relation to a release authority issued by the Commissioner of Taxation under Division 131 of Schedule 1 to the Taxation Administration Act 1953, on and after 31 March 2021;\n\n### Clause 6\n\n### Omit:\n\nThis Standard does not apply to an APRA-regulated superannuation entity in relation to a closed product.\n\nClosed product for the purposes of clause 6, means a product that does not receive any contributions or rollovers, whether from an existing member or any other person, but that may rollover or transfer a member’s withdrawal benefit to another superannuation entity.\n\nAfter:\n\n6 The Standard does not apply to certain transactions\n\n### Insert:\n\nThis Standard does not apply to:\n\n    (a) an APRA-regulated superannuation entity in relation to a closed product.\n\n    (b) a rollover or transfer from a regulated superannuation fund or approved deposit fund if, when the transaction occurs, the superannuation entity is non-complying.\n\n    (c) a trustee of a regulated superannuation fund or approved deposit fund that has received a release authority issued on or after 31 March 2021 by the Commissioner of Taxation under Division 131 of Schedule 1 to the Taxation Administration Act 1953 outside of this Standard.\n\n### Clause 8\n\nOmit subclause 8(d)\n\n### Clause 9 Terms used in this Standard\n\nOmit subclause 9(c):\n\nBefore:\n\n    (a) medium to large employer, has the meaning given by subitem 20(4), and determined at the time under subitem 20(2), of Part 4 of Schedule 1 to the Superannuation Legislation Amendment (Stronger Super) Act 2012.\n\n### Insert:\n\n(a) APRA-regulated superannuation entity means an approved deposit fund or a regulated superannuation fund, but not a self-managed superannuation fund.\n\n(b) Closed product for the purposes of clause 6, means a product that does not receive any contributions or rollovers, whether from an existing member or any other person, but that may rollover or transfer a member’s withdrawal benefit to another superannuation entity.\n\nAmend:\n\nExisting (a) and (b) to (c) and (d) below:\n\n(c) medium to large employer, has the meaning given by subitem 20(4), and determined at the time under subitem 20(2), of Part 4 of Schedule 1 to the Superannuation Legislation Amendment (Stronger Super) Act 2012.\n\n    (d) small employer has the meaning given by subitem 20(4), and determined at the time under subitem 20(3), of Part 4 of Schedule 1 to the Superannuation Legislation Amendment (Stronger Super) Act 2012.\n\n### SCHEDULE 1 – TRANSITIONAL ARRANGEMENTS\n\nOmit this Schedule","sortOrder":8},{"sectionNumber":"Omit:","sectionType":"division","heading":"Omit:","content":"### Omit:\n\nThis Standard does not apply to an APRA-regulated superannuation entity in relation to a closed product.\n\nClosed product for the purposes of clause 6, means a product that does not receive any contributions or rollovers, whether from an existing member or any other person, but that may rollover or transfer a member’s withdrawal benefit to another superannuation entity.\n\nAfter:\n\n6 The Standard does not apply to certain transactions","sortOrder":9},{"sectionNumber":"Insert:","sectionType":"division","heading":"Insert:","content":"### Insert:\n\nThis Standard does not apply to:\n\n    (a) an APRA-regulated superannuation entity in relation to a closed product.\n\n    (b) a rollover or transfer from a regulated superannuation fund or approved deposit fund if, when the transaction occurs, the superannuation entity is non-complying.\n\n    (c) a trustee of a regulated superannuation fund or approved deposit fund that has received a release authority issued on or after 31 March 2021 by the Commissioner of Taxation under Division 131 of Schedule 1 to the Taxation Administration Act 1953 outside of this Standard.","sortOrder":10},{"sectionNumber":"Clause 8","sectionType":"division","heading":"Clause 8","content":"### Clause 8\n\nOmit subclause 8(d)","sortOrder":11},{"sectionNumber":"Clause 9 Terms used in this Standard","sectionType":"division","heading":"Clause 9 Terms used in this Standard","content":"### Clause 9 Terms used in this Standard\n\nOmit subclause 9(c):\n\nBefore:\n\n    (a) medium to large employer, has the meaning given by subitem 20(4), and determined at the time under subitem 20(2), of Part 4 of Schedule 1 to the Superannuation Legislation Amendment (Stronger Super) Act 2012.","sortOrder":12},{"sectionNumber":"SCHEDULE 1","sectionType":"division","heading":"TRANSITIONAL ARRANGEMENTS","content":"### SCHEDULE 1 – TRANSITIONAL ARRANGEMENTS\n\nOmit this Schedule","sortOrder":14}],"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":5,"scope_assessment":{"changed":true,"description":"The instrument expands scope compared with the pre‑amendment Standards by expressly bringing SMSF trustees into the Data and Payment Standards for rollovers/transfers requested on or after 31 March 2021 (clause 5(da)) and by requiring both APRA‑regulated entities and SMSFs to comply in relation to Commissioner of Taxation release authorities issued on or after 31 March 2021 (clause 5(db)). It also inserts exclusions (clause 6(a)–(c)), adds/clarifies definitions (clause 9) and repeals Schedule 1 (transitional arrangements), changing who must comply and when."},"complexity_factors":["Cross‑references to other legislation (Taxation Administration Act 1953 Division 131; Superannuation Legislation Amendment (Stronger Super) Act 2012) — see clause 5(db) and clause 9 amendments.","Date‑based application: rules apply to transactions and release authorities on or after 31 March 2021 — see clause 5(da) and 5(db).","Expansion of regulated actors: SMSF trustees newly brought within scope for rollovers/transfers, with limited carve‑outs — see clause 4 and clause 5(da).","New and adjusted exclusions (closed products; non‑complying entities; release authorities issued outside the Standards) create conditional scope and edge cases — see amended clause 6 and clause 6 insertion (a)-(c).","Repeal of Schedule 1 (transitional arrangements) removes previous transitional rules that may affect migration timing and obligations.","Definition changes and terminology edits (Federal Register wording, definition of APRA‑regulated entity, closed product, small/medium employer) require alignment by implementers — see clause 2 and clause 9.","Operational and compliance burden concentrated on many small trustees (SMSFs) who must update processes for rollovers and data/payment flows — implied by inclusion of SMSFs in clauses 4 and 5.","Potential administrative ambiguity where release authorities are ‘issued outside of requirements’ — discretionary interpretation risk for trustees and the ATO — see clause 4 and clause 6(c)."],"plain_english_summary":"This Standard changes the 2012 Superannuation Data and Payment Standards so trustees — including trustees of self‑managed superannuation funds (SMSFs) — must follow the Data and Payment Standards for rollovers/transfers and for Commissioner-issued release authorities for transactions on or after 31 March 2021. It also updates definitions, adds specific exclusions (for closed products, non‑complying funds and some release authorities) and removes the transitional Schedule 1. It matters because it extends compliance obligations to SMSFs and clarifies when trustees must comply."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing data and payment standards for superannuation transactions. The amendments expand coverage to include SMSF rollovers and release authorities, but this represents a logical extension of the existing electronic standardization framework rather than mission creep. The repeal of Schedule 1 (transitional arrangements) actually narrows the instrument by removing obsolete provisions."},"complexity_factors":["Multiple cross-references to the underlying Superannuation Data and Payment Standards 2012 instrument, requiring readers to consult external documents to understand full effect","Date-dependent application (31 March 2021 threshold) creating temporal conditional logic","Nested exceptions in clause 6 (three separate exclusion scenarios including closed products, non-complying funds, and out-of-scope release authorities)","Technical terminology requiring knowledge of superannuation sector distinctions (APRA-regulated vs SMSF, release authorities, rollovers vs transfers)","Amendment structure requires mental reconstruction of the base instrument to understand final form","References to Division 131 of Schedule 1 to the Taxation Administration Act 1953 requiring external statutory knowledge"],"plain_english_summary":"This law requires self-managed super funds (SMSFs) and APRA-regulated funds to use standard electronic formats (SuperStream) for rollovers and Tax Office release authorities from 31 March 2021, replacing many paper processes. It also updates some terminology and removes obsolete transitional rules.\n\nWho it affects: trustees of SMSFs, trustees of APRA-regulated funds and approved deposit funds. Why it matters: speeds transfers, cuts paperwork and errors, and standardizes Tax Office-ordered releases."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-data-and-payment-standards-release-authorities-and-smsf-rollovers-amendment-2021","history":"/api/acts/superannuation-data-and-payment-standards-release-authorities-and-smsf-rollovers-amendment-2021/history","analysis":"/api/acts/superannuation-data-and-payment-standards-release-authorities-and-smsf-rollovers-amendment-2021/analysis","conflicts":"/api/acts/superannuation-data-and-payment-standards-release-authorities-and-smsf-rollovers-amendment-2021/conflicts","importantCases":"/api/acts/superannuation-data-and-payment-standards-release-authorities-and-smsf-rollovers-amendment-2021/important-cases","documents":"/api/acts/superannuation-data-and-payment-standards-release-authorities-and-smsf-rollovers-amendment-2021/documents"}}