{"id":"F2023L00737","name":"Superannuation Industry (Supervision) (Infringement Officers) Determination 2023","slug":"superannuation-industry-supervision-infringement-officers-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441913,"registerId":"F2023L00737-fast-fetch-1775957080378","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Industry (Supervision) (Infringement Officers) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\nmeta-keywords: \"[SEC=OFFICIAL]\"\ntitle: 20230526 Draft legislative instrument - clean copy(48076162.1)(48132020.1)\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSuperannuation Industry (Supervision) (Infringement Officers) Determination 2023\n\nI, John Lonsdale, Chair of the Australian Prudential Regulation Authority, make the following determination.\n\nDated: 5 June 2023    \n\n \n\n \n\n \n\n \n\n \n\n[Signed]\n\nJohn Lonsdale\n\nChair of the Australian Prudential Regulation Authority\n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Determination\n\nSchedule 1—Repeals\n\nDetermination that APRA staff members of a class are to be infringement officers\n\n \n\n1  Name\n\n  This instrument is the Superannuation Industry (Supervision) (Infringement Officers) Determination 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered.\n- 2. Section 5 Immediately after the commencement of the provisions covered by table item 3.However, the provision commences at the same time as the provisions covered by table item 1 if the Determination that APRA staff members of a class are to be infringement officers does not commence.\n- 3. Schedule 1 Immediately after the commencement of the Determination that APRA staff members of a class are to be infringement officers.However, the provision does not commence at all if the Determination that APRA staff members of a class are to be infringement officers does not commence.\n\n\nNote:  This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 223C of the Superannuation Industry (Supervision) Act 1993.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) APRA staff member;\n\n(b) infringement officer.\n\n  In this instrument:\n\n  Act means the Superannuation Industry (Supervision) Act 1993.\n\n5  Determination\n\n  APRA staff members holding, occupying or performing the duties or an office or position titled General Manager or Executive Director are to be infringement officers for the purposes of exercising powers under Part 22 of the Act in relation to a contravention of a provision that is subject to an infringement notice under that Part.\n\n\n\n\n \n\nSchedule 1—Repeals\n\nDetermination that APRA staff members of a class are to be infringement officers\n\n1  The whole of the instrument\n\nRepeal the instrument\n\n \n","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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: designating specific APRA staff as infringement officers under the SIS Act. There is no scope creep — it does exactly what the enabling provision (section 223C) permits and no more."},"complexity_factors":["Very short instrument (approximately 1 page of substantive content)","Only 2 defined terms in section 4 (plus 2 terms referenced from the parent Act)","Complex conditional commencement logic in section 2 — the instrument's start date depends on whether another determination commences, with fallback provisions","Self-repealing mechanism in Schedule 1 that repeals a predecessor instrument upon commencement","Cross-reference to Part 22 of the Superannuation Industry (Supervision) Act 1993 for the actual infringement powers"],"plain_english_summary":"This instrument names APRA staff with the titles \"General Manager\" or \"Executive Director\" as infringement officers, empowering them to issue on-the-spot infringement notices under Part 22 of the Superannuation Industry (Supervision) Act 1993. It affects those senior APRA officials and regulated superannuation entities (funds, trustees), enabling quicker enforcement of minor breaches without immediate court action.\n\nIt has a staged commencement tied to a related determination and repeals that earlier instrument once this one is active."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Determination names APRA General Managers and Executive Directors as infringement officers (s5) and repeals the prior instrument in full (Schedule 1). It does not, on its face, expand or narrow the class beyond those office titles; substantive enforcement powers and sanctions remain governed by Part 22 of the Act, so the instrument is primarily administrative and not a material scope change."},"complexity_factors":["Very short, single substantive provision designating office-holders as infringement officers (s5).","Relies on external definitions and powers in the Superannuation Industry (Supervision) Act 1993 (notably Part 22 and definitions noted in s4), requiring cross-reference to understand actual powers and sanctions.","Commencement table contains staged and conditional start dates (Commencement provision) which affects when this instrument and the repeal take effect.","Schedule 1 repeals a prior instrument, so readers must compare instruments to determine net change in coverage.","Operational detail (how infringement powers are used, procedural steps, penalties, appeal rights) is located in the Act rather than this instrument, increasing practical complexity for users seeking implementation rules."],"plain_english_summary":"This instrument designates APRA staff who hold the office titles “General Manager” or “Executive Director” as infringement officers, authorising them to exercise enforcement powers under Part 22 of the Superannuation Industry (Supervision) Act 1993 in relation to contraventions subject to infringement notices (s5). It matters to persons and entities covered by Part 22 because those designated APRA officials can initiate infringement processes; it also repeals an earlier determination (Schedule 1). Affected contraveners may face infringement notices initiated by those officers."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-industry-supervision-infringement-officers-determination-2023","history":"/api/acts/superannuation-industry-supervision-infringement-officers-determination-2023/history","analysis":"/api/acts/superannuation-industry-supervision-infringement-officers-determination-2023/analysis","conflicts":"/api/acts/superannuation-industry-supervision-infringement-officers-determination-2023/conflicts","importantCases":"/api/acts/superannuation-industry-supervision-infringement-officers-determination-2023/important-cases","documents":"/api/acts/superannuation-industry-supervision-infringement-officers-determination-2023/documents"}}