{"id":"F2010L02134","name":"Superannuation Industry (Supervision) (related party assets) determination No. 1 of 2010","slug":"superannuation-industry-supervision-related-party-assets-determination-no-1-of-2010","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":124706,"registerId":"commonwealth-F2010L02134-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation Industry (Supervision) (related party assets) determination No. 1 of 2010","content":"![](image.001.png)\n\nSuperannuation Industry (Supervision) (related party assets) determination\n\nNo. 1 of 2010\n\n![](image.002.png)Superannuation Industry (Supervision) Act 1993\n\nI, Keith Chapman, a delegate of APRA, under paragraph 66(2)(d) of the Superannuation Industry (Supervision) Act 1993 (the Act), DETERMINE that the kinds of assets specified in the Schedule attached to this instrument may be acquired from a related party of a regulated superannuation fund in a class of regulated superannuation funds specified in the Schedule attached to this instrument.\n\nThis determination takes effect upon registration on the Federal Register of Legislative\n\nInstruments.\n\nDated 19 July 2010\n\n\\[Signed\\]\n\nKeith Chapman\n\nExecutive General Manager\n\nSupervisory Support Division\n\nInterpretation Document ID: 184276\n\nIn this instrument\n\nAPRA means the Australian Prudential Regulation Authority.\n\nFederal Register of Legislative Instruments means the register established under section 20 of the Legislative Instruments Act 2003.\n\nregulated superannuation fund has the meaning given in section 19 of the Act.\n\nrelated party has the meaning given in subsection 10(1) of the Act.\n\nNote 1\n\n  \n\nThis instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003\n\n(the LIA) (see paragraph 66(2B) of the Act and paragraph 6(d)(i) of the LIA).\n\nSchedule \\- the kinds of assets which may be acquired from a related party\n\nUnits in a unit trust where:\n\n(i) the unit trust is registered as a managed investment scheme under subsection\n\n601EB(1) of the Corporations Act 2001;\n\n(ii) the trustee of the unit trust is the responsible entity of the registered scheme;\n\n(iii) the trustee of the unit trust is a related party of the regulated superannuation fund;\n\nand\n\n(iv) the units are acquired at market value,\n\nare assets of a kind which may be acquired by a regulated superannuation fund from a related party of the fund.\n\nInterpretation\n\nIn this Schedule\n\nmarket value has the meaning given in subsection 10(1) of the Act.\n\nSchedule \\- the class of regulated superannuation funds which may acquire assets of the specified kinds from a related party\n\nThis determination applies to all regulated superannuation funds other than self managed superannuation funds.\n\nInterpretation\n\nIn this Schedule\n\nself managed superannuation fund has the meaning given in section 17A of the Act.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination remains tightly scoped to its original purpose. It creates a narrow, specific exception to the related party acquisition prohibition for registered managed investment schemes only. The exclusion of SMSFs and the strict four-part test show no scope creep beyond the original regulatory intent of permitting certain arm's length investments in professionally managed vehicles."},"complexity_factors":["Very short instrument (approximately 1 page of substantive content)","Only 4 defined terms across the entire instrument (APRA, Federal Register of Legislative Instruments, regulated superannuation fund, related party, market value, self managed superannuation fund)","Single, clearly delineated exception with four cumulative conditions (all must be satisfied, joined by 'and')","No nested exceptions or complex conditional logic","Limited cross-referencing — only refers to external definitions in the parent Act (SIS Act) and Corporations Act","Straightforward structure: empowering provision, determination, two schedules with interpretations"],"plain_english_summary":"APRA has issued a narrow exception letting APRA‑regulated superannuation funds (not SMSFs) buy units in registered managed investment schemes from related‑party trustees, provided the scheme is registered, the trustee is the responsible entity, and purchases are at market value.  \n\nIt permits legitimate related‑party managed vehicles to be used while the market‑value requirement helps protect members from insider overpayment."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The determination exercises APRA's power under paragraph 66(2)(d) of the Superannuation Industry (Supervision) Act 1993 to specify permitted related-party assets. It does not purport to expand APRA's statutory authority; it defines a narrow, conditional exception limited to units in registered managed investment schemes where the trustee is the responsible entity and a related party, and excludes self-managed superannuation funds."},"complexity_factors":["Cross-references to other statutes and definitions (SIS Act definitions of 'related party' and 'market value'; Corporations Act s601EB(1) registration requirement).","Conditional nature of permission — multiple conjunctive requirements must be satisfied (registered MIS; trustee = responsible entity; trustee a related party; acquisition at market value).","Applicability limited to regulated funds excluding SMSFs, requiring administrators to determine fund class before relying on the determination.","Valuation and verification burdens placed on funds (establishing market value and related-party status) increase compliance effort.","Legal formality of a delegated APRA determination under paragraph 66(2)(d) — instrument-based permission rather than a general rule change."],"plain_english_summary":"This instrument allows regulated superannuation funds (but not self-managed superannuation funds) to buy units in certain unit trusts from a related party if the trust is a registered managed investment scheme, the trustee is the responsible entity and a related party, and the units are bought at market value. It matters because it creates a narrow, statutory exception permitting related-party purchases while placing verification and valuation responsibilities on funds (checking registration, related-party status and market value)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-industry-supervision-related-party-assets-determination-no-1-of-2010","history":"/api/acts/superannuation-industry-supervision-related-party-assets-determination-no-1-of-2010/history","analysis":"/api/acts/superannuation-industry-supervision-related-party-assets-determination-no-1-of-2010/analysis","conflicts":"/api/acts/superannuation-industry-supervision-related-party-assets-determination-no-1-of-2010/conflicts","importantCases":"/api/acts/superannuation-industry-supervision-related-party-assets-determination-no-1-of-2010/important-cases","documents":"/api/acts/superannuation-industry-supervision-related-party-assets-determination-no-1-of-2010/documents"}}