Retirement Savings Accounts Tax File Number approval No. 1 of 2017

This instrument, titled Retirement Savings Accounts Tax File Number approval No. 1 of 2017 (the Approval), revokes the prior Approval of 2007 and prescribes the approved manners in which tax file numbers (TFNs) may be requested, quoted, set out and disclosed in the context of Retirement Savings Accounts (RSAs). The instrument is issued by APRA under powers in the Acts Interpretation Act 1901 (s 33(3)) and specified provisions of the Retirement Savings Accounts Act 1997 (the Act): sections 135, 136, 138, 139 and 142. It commences on 1 October 2017 and is dated 20 September 2017.

Mechanically, the Approval:

• Revokes Retirement Savings Accounts Tax File Number approval No. 1 of 2007, including its Schedule (opening recital).
• Approves the manner in which an RSA provider may request a TFN from an RSA holder or an applicant to be an RSA holder, for purposes of the RSA Act and the other Superannuation Acts, by reference to paragraphs 1 to 5 of the Schedule (approval under s 135(1) and s 136(1)).
• Approves the manner in which an RSA provider may inform another RSA provider or the trustee of a superannuation entity or a regulated exempt public sector superannuation scheme of an RSA holder’s TFN, by reference to paragraphs 7 and 8 of the Schedule (approval under s 138(2)).
• Approves, for purposes of section 134 of the Act, the manner in paragraph 6 of the Schedule for a holder or applicant to quote their TFN to an RSA provider (approval under s 139).
• Approves the manner in paragraph 6 of the Schedule for a person to set out their TFN in an application to an RSA provider for payment of a benefit (approval under s 142(1)).

The Schedule provides detailed procedural requirements. Key mandated actions include giving specified information, free of charge and in an appropriate form, before collecting a TFN (paras 1-5); permitting TFNs to be quoted or set out orally or in writing if the provider’s request complies with paras 1-5 (para 6); and requiring written disclosure to other superannuation providers when informing them of an RSA holder’s TFN, with an obligation to provide identifying information reasonably expected by the holder (paras 7-8). The Schedule also defines that “in writing” includes electronic and digital transfer (Schedule, interpretation para 9). The Approval cross-references Part 11 TFN obligations under the Act and the Privacy (Tax File Number) Rule 2015 issued under the Privacy Act 1988 (Schedule note).

The Approval operationalises TFN handling in the RSA context through a small set of core concepts drawn from the Act and the Schedule. Those concepts determine the mechanics of collection, the form of notices, permitted modes of transmission, and the boundaries of disclosure to other superannuation providers.

Authorising provisions and scope

• The Approval is made under specific sections of the Retirement Savings Accounts Act 1997: s 135(1), s 136(1), s 138(2), s 139 and s 142(1). Those approvals are limited to “the manner” of requesting, quoting, informing and setting out TFNs as set out in the Schedule (recitals).
• The Approval sits alongside other statutory TFN obligations, explicitly noting that RSA providers must also comply with Part 11 of the RSA Act and the Privacy (Tax File Number) Rule 2015 issued under s 17 of the Privacy Act 1988 (Schedule note).

Information requirement before collection

• Before the RSA holder or applicant provides their TFN, the RSA provider must make available, free of charge and in an appropriate form, an information set describing the provider’s authority to collect TFNs, the provider’s ability to disclose TFNs to other superannuation providers on transfer unless the holder requests in writing otherwise, and specific “advantages” of quoting a TFN (para 1(a)-(b)(i)-(iii)). The Approval supplies an approved form of words that providers may use (para 4).

Modes of communication and formality

• The information may be given orally or in writing (para 2). The Schedule expressly permits oral or written requests for TFNs and allows TFNs to be quoted or set out orally or in writing so long as the provider’s request complied with paras 1-5 (para 6). The Schedule defines “in writing” to include electronic and digital transfer (para 9).

Disclosure to other superannuation providers

• When informing another superannuation provider of an RSA holder’s TFN, the RSA provider must do so in writing, though oral clarification is permitted after the initial written notice (para 7).
• The disclosing RSA provider must give the other provider “all information in the possession of the RSA provider that could reasonably help” identify or locate the RSA holder which the holder would reasonably expect to be disclosed, but the provider is not obliged to divulge information it has been asked by the holder not to divulge (para 8).

Conditionality of quoting or setting out TFN

Primary regulated parties

• RSA providers. The instrument explicitly directs duties to RSA providers, approving the manner in which they may request TFNs from holders and applicants (recital approvals under s 135(1) and s 136(1)), the manner in which they must inform other superannuation providers of an RSA holder’s TFN (recital approval under s 138(2)), and clarifying how providers should handle TFNs supplied in applications for benefit payments (s 142 approval).
• RSA holders and applicants. Individuals who hold or seek to become holders of RSAs are the subject of the collection and disclosure practices prescribed. Paragraph 6 addresses the manner in which holders or applicants may quote or set out their TFN.

Secondary affected parties

• Other superannuation providers and trustees. The Approval contemplates disclosure of TFNs to “the trustee of a superannuation entity or of a regulated exempt public sector superannuation scheme” and defines “superannuation provider” in the Schedule to include trustees of superannuation entities and regulated exempt public sector schemes as well as RSA providers (Schedule para 9). These entities therefore receive TFNs and accompanying identifying data under the terms set in paras 7-8.
• APRA in its supervisory role. APRA is the issuer of the Approval. The instrument is an administrative approval that prescribes practices RSA providers must follow under the Act.

Impacted processes and transactions

• Account opening and TFN collection: RSA providers must supply the approved information before collecting TFNs. This affects onboarding flows for new RSA applicants and ongoing TFN updates for holders (para 1).
• Contribution acceptance: the information that must be given to holders states a legal consequence: “your RSA will be able to accept all permitted types of contributions” if a TFN is provided (para 1(b)(i)). That places operational consequences on contribution processing when TFNs are not provided.
• Transfers and searches: the Approval permits RSA providers to disclose TFNs to other superannuation providers when benefits are being transferred, unless the holder requests in writing otherwise (para 1(a)). It also requires disclosing providers to give identifying information reasonably expected by the holder (para 8). This affects processes for transfer between funds and for account tracing.

Those who decide and who pay

• RSA providers decide the timing and format of information provision and must implement the Schedule’s obligations; they bear the administrative costs of doing so. Holders and applicants decide whether to quote or set out their TFN; the Approval attributes explicit incentives and consequences to that choice through the approved form of words (para 1(b)). Other superannuation providers decide how to use the TFN once received, subject to Part 11 and the Privacy (TFN) Rule 2015.

Duties imposed on RSA providers

• Pre-collection disclosure: RSA providers must make available, free of charge and in an appropriate form, the specific information listed in paragraph 1 to an RSA holder or applicant before the holder or applicant provides a TFN (para 1). The required information includes: authority to collect, permitted disclosure to other superannuation providers on transfer subject to a written restriction from the holder, and a three-part statement of advantages of quoting a TFN (para 1(a)-(b)(i)-(iii)).
• Form of the information: the provider may use the precise approved wording supplied in paragraph 4, may provide the information orally or in writing (para 2), and may add other information that is not inconsistent with paragraph 1 (para 3).
• Conditional acceptance of TFN quotes: providers must ensure their request for a TFN complies with paragraphs 1-5 before treating a TFN as validly quoted or set out by a holder or applicant (para 6).
• Written transfer disclosures: when informing another superannuation provider of an RSA holder’s TFN, the disclosing RSA provider must do so in writing (para 7). The provider must also include identifying information in its possession that could reasonably help the recipient locate or identify the RSA holder and which the holder would reasonably expect to be disclosed (para 8). The provider may not be required to give information it has been asked by the holder not to divulge (para 8).
• Cross-compliance: RSA providers must comply with Part 11 TFN obligations and the Privacy (Tax File Number) Rule 2015 in addition to the Approval’s requirements (Schedule note).

Rights and options for RSA holders and applicants

• Right not to supply TFN: the approved wording that must be provided to holders states explicitly that declining to quote a TFN is not an offence (para 1(b)). That is an informational right conferred via the provider’s disclosure obligation.
• Consequential effects of refusing to provide a TFN: the must-provide information also lists advantages of providing a TFN, including acceptance of all permitted contribution types, avoiding paying more tax than necessary, and facilitating locating other superannuation accounts (para 1(b)(i)-(iii)). These statements condition practical rights to certain kinds of contributions and tax outcomes on whether a TFN is supplied.
• Ability to restrict disclosure on transfer: holders may request in writing that their TFN not be disclosed to any other superannuation provider; the provider must disclose TFNs on transfer unless the holder makes that written request (para 1(a)). The disclosing provider is not obliged to give any information the holder has asked it not to divulge (para 8).

The Approval itself does not prescribe new civil or criminal penalties within its text. It is an administrative instrument revoking the 2007 Approval and specifying the approved manners for TFN handling. The instrument repeatedly cross-references other statutory obligations and instruments that carry compliance and enforcement effects.

Absence of express penalties in the Approval

• The Approval contains no express penalty provisions, infringement notices or criminal offences. It prescribes procedural requirements (for example, the information to be provided to an RSA holder prior to collecting a TFN, and the written form for informing other superannuation providers), but does not itself attach a sanction to non-compliance.

Statutory enforcement backdrop cited by the Approval

• The Schedule explicitly instructs RSA providers to comply with Part 11 of the Retirement Savings Accounts Act 1997 and the Privacy (Tax File Number) Rule 2015 issued under s 17 of the Privacy Act 1988 (Schedule note). Those instruments and statutory provisions are identified in the Approval as additional regimes that govern TFN handling; any enforcement, penalties or remedies arising from non-compliance would therefore be engaged under those instruments rather than under the Approval itself.
• The Approval is made by APRA under powers in the RSA Act and the Acts Interpretation Act; as an APRA approval instrument it operates as a formal administrative standard. Non-compliance may be relevant to APRA’s supervisory or regulatory oversight of an RSA provider, though the Approval text does not specify enforcement mechanisms.

Enforcement actors implied by the instrument

• APRA is the issuer and therefore the administrative actor that may take supervisory interest in whether RSA providers follow the approved manners. The Approval does not explicitly state APRA enforcement powers in this instrument, but APRA’s role is signalled by the instrument’s source and by the use of APRA’s delegated power in the recitals.
• The Privacy Commissioner and the mechanisms under the Privacy (Tax File Number) Rule 2015 are relevant for TFN privacy obligations referenced in the Schedule note.

Practical implications for providers

• Providers must assume that failure to comply with the Approval could lead to regulatory consequences through the RSA Act regime and the Privacy Act / Privacy (TFN) Rule; the instrument therefore imposes obligations that RSA providers must operationalise to remain within the approved manner and consistent TFN rules.

The Approval is explicitly framed to operate alongside existing TFN and privacy law regimes and certain provisions of the Retirement Savings Accounts Act itself. The instrument cross-references multiple statutory and regulatory instruments and situates its instructions within those broader obligations.

Primary statutory cross-references

• Retirement Savings Accounts Act 1997: The Approval is made under the Act (s 135, 136, 138, 139, 142) and directly implements “the manner” for TFN-related activities authorised by those sections (recitals). The Schedule additionally refers to Part 11 of the Act as a separate set of TFN obligations that providers must also comply with (Schedule note).
• Acts Interpretation Act 1901: APRA’s delegated power under subsection 33(3) of that Act is cited as the instrument’s enabling power for revocation and approval (recital).
• Privacy Act 1988 and the Privacy (Tax File Number) Rule 2015: The Schedule note requires RSA providers to comply with the Privacy (Tax File Number) Rule 2015 issued by the Privacy Commissioner under s 17 of the Privacy Act 1988 in addition to the Approval’s requirements.

Operational interactions and effects

• Part 11 TFN obligations: The Approval’s note that RSA providers “must also comply with any other tax file number obligations in Part 11 of the Retirement Savings Accounts Act 1997” signals that the Approval sets out an approved manner but does not displace other statutory duties in Part 11. Providers therefore must ensure their practices satisfy both the Approval’s prescriptive content and Part 11’s substantive and procedural TFN obligations.
• Privacy (Tax File Number) Rule 2015: The Approval makes the Privacy (TFN) Rule a concurrent requirement. That rule is not reproduced in the Approval; the Approval instructs providers to observe it. Consequently, confidentiality, permitted uses, recordkeeping, disclosure limitations and other operator duties under that Rule apply to TFNs handled under the Approval.
• Interaction between disclosure on transfer and holder-written restrictions: The Approval authorises disclosure of TFNs to another superannuation provider on transfers unless the holder requests in writing that their TFN not be disclosed (para 1(a)). This mechanism sets a default of disclosure with a statutoryly recognised opt-out in writing. Providers must reconcile this default with any additional prohibitions or procedural requirements in the Privacy (TFN) Rule or Part 11.

This Approval is brief and self-contained on its face. Its amendment history, as provided in the instrument, is limited to the following actions and dates:

• Revocation of previous Approval: The instrument expressly revokes Retirement Savings Accounts Tax File Number approval No. 1 of 2007, dated 27 June 2007, including the Schedule made under that earlier Approval (opening recital). The 2017 Approval therefore replaces and updates the earlier approved manner.
• Date and commencement: The instrument is dated 20 September 2017 and has a stated commencement date of 1 October 2017 (recital).
• Formal execution: The Approval is signed by Helen Rowell, Deputy Chairman, APRA (signature block).

No other amendments, transitional provisions or staged commencements are contained in the text of this instrument. There are no side amendments to the Retirement Savings Accounts Act within this Approval; rather, the Approval exercises delegated power under the Act to approve certain manners for TFN handling.

Implications of revocation

• Practically, revocation of the 2007 Approval means RSA providers that were operating under the 2007 instrument must thereafter operate under the 2017 Approval from the commencement date. The Approval does not include express transition rules; compliance must therefore align with the 2017 Schedule’s procedures from 1 October 2017.

References to other instruments

• The Approval’s Schedule reiterates the necessity to comply with Part 11 of the RSA Act and the Privacy (Tax File Number) Rule 2015; those instruments are separate legal sources and may be amended by their respective legislative or regulatory processes independently of this Approval. The Approval does not record any prior amendments to those instruments.

If historical comparison or transitional compliance details are required beyond the revocation statement, those would need to be read from the prior Approval (revoked) or the primary statute and rules, which are outside the text of this instrument.

The Approval text contains no references to judicial decisions, challenges, proceedings or precedent. It does not name any cases, and it does not record any litigation that has arisen under this Approval or its predecessor. The instrument is an administrative approval made by APRA and includes no internal record of legal disputes or court rulings.

Because the Approval refers to other statutory instruments and rules (for example, Part 11 of the RSA Act and the Privacy (Tax File Number) Rule 2015), litigation that may touch on TFN handling in superannuation contexts would be located in cases interpreting those instruments or the Act itself. However, the Approval contains no such case citations and does not purport to summarise or modify any judicial construction.

For users seeking litigation guidance, the Approval itself supplies no litigation history. Any query about relevant case law interpreting:

• the duties in the Retirement Savings Accounts Act, or
• obligations under the Privacy (Tax File Number) Rule 2015, would require review of judicial databases and decisions external to this instrument. The Approval imposes administrative duties and therefore would typically be enforced through regulator supervision and the statutory frameworks it references rather than by setting out a litigation pathway in the instrument.

This Approval is short and procedural, but its wording creates several practical traps and decision points for RSA providers, holders and receiving superannuation providers. The following are concrete operational and legal hot spots that arise directly from the Approval’s text.

1. Conditionality of quoting a TFN

• Paragraph 6 states an RSA holder or applicant “may quote or set out their tax file number … if the RSA provider has made a request that complies with paragraphs 1 to 5.” The ability of a holder to validly supply a TFN is therefore conditional on the provider first having made the mandatory disclosure. Failure to present the required information before accepting a TFN could make the TFN quote non-compliant with the approved manner. Providers must ensure the disclosure step precedes TFN collection, not merely accompanies it.

2. Mandatory information content and the free-of-charge requirement

• Paragraph 1 requires providers to make certain information available “free of charge and in such form as is appropriate.” “Free of charge” requires providers to bear the cost of providing that information; “appropriate” is subjective and could lead to differing interpretations in practice. Documenting the chosen form and proving it was provided will be important in any dispute about compliance.

3. Default disclosure on transfer with opt-out by written request

• The approved wording states the provider may disclose a TFN to another superannuation provider when benefits are being transferred, “unless they request … in writing that their tax file number not be disclosed” (para 1(a) and para 4). The default is disclosure unless a written opt-out exists. Providers must have processes to record, respect and propagate holder-written restrictions for transfers. Failing to record a written opt-out could result in disclosure that the holder sought to prevent.

4. Broad “reasonably help” standard when informing another provider

• Paragraph 8 imposes a duty to give “all information in the possession of the RSA provider that could reasonably help” the recipient locate or identify the holder and that the holder “would reasonably expect to be disclosed.” Those are open textured tests that require judgment. Providers need internal guidance and recordkeeping to decide what is “reasonable” to disclose and to document the holder’s reasonable expectations.

This section sets out a practical, source-grounded compliance checklist for RSA providers and suggested controls that follow directly from the Approval’s text. The steps below map to the paragraphs in the Schedule and the recitals approving manners under specified sections of the Retirement Savings Accounts Act 1997.

1. Update policies and consumer scripts

• Adopt the approved wording in paragraph 4 as the baseline script for initial TFN requests. You may use that wording verbatim or include additional information as long as it is not inconsistent with paragraph 1 (paras 1, 3, 4).
• Ensure internal policy states that the approved information must be made available free of charge and in an “appropriate form” before asking the holder or applicant for their TFN (para 1).

2. Operationalise “before” and proof of delivery

• Implement a process that delivers the mandatory information before TFN supply. If the TFN is collected online, ensure the information appears on the same screen prior to the TFN input field, with a record (timestamp, version of wording served). For telephony or in-person channels, maintain scripts and contemporaneous call notes capturing that the information was given (paras 1-2, 6).
• Retain records proving the information was provided: signed forms, email logs, call recordings, or system logs. This addresses the conditional acceptance test in paragraph 6.

3. Modes of delivery and written records

• Use written forms (including electronic/digital transfer) for transfer notifications to other superannuation providers, since paragraph 7 requires written disclosure, and record receipt confirmations where possible (para 7; para 9 definition).
• For oral disclosures or TFN quotes, obtain follow-up written confirmations to create an auditable trail, because the Approval allows oral transmission but the evidentiary risk remains (paras 2, 6, 7).

4. Record and respect holder instructions regarding disclosure

• Implement a formal mechanism to capture any holder request to prevent TFN disclosure to other superannuation providers. The Approval treats such written requests as operative and requires providers to avoid disclosing the TFN in transfers where such a written request exists (para 1(a), para 8).
• Ensure the holder’s written instruction is stored against the member record and considered in any transfer workflows.