Superannuation Auditor Registration Imposition Regulations 2022

This instrument prescribes the fees and fee‑indexation method that apply to registration and related processes for approved self‑managed superannuation fund (SMSF) auditors under the Superannuation Auditor Registration Imposition Act 2012 (the Act). It replaces the earlier 2012 instrument by repealing it (Schedule 1). The regulations were made under the Act (regulation 3) and are titled the Superannuation Auditor Registration Imposition Regulations 2022 (regulation 1). The instrument is dated 15 December 2022 and, by its commencement provision, the whole instrument commences the day after it is registered (regulation 2(1)).

Mechanically, the instrument does three things.

• It prescribes a table of ASIC fees for specified auditor‑registration matters for the purposes of section 4 of the Act (regulation 6). The table sets fixed dollar amounts for five items and prescribes nil fees for specified filings and late filings (items 5-9).
• It prescribes registry fees for access to the register kept under Division 1A of Part 16 of the Superannuation Industry (Supervision) Act 1993 (the SIS Act), again for the purposes of section 4 of the Act (regulation 7). The registry table differentiates between current extracts (nil), historical extracts ($20), and journalist requests (nil) for both inspection/search of the register and inspection/search of extracts given to or issued by the Regulator.
• It sets out the automatic CPI‑indexation method to be used from the financial year starting 1 July 2023 and later years, to increase non‑nil registry fees if the relevant CPI numbers have risen (regulation 8). The method defines which CPI points to compare (the March quarter two financial years before the relevant financial year, and the last March quarter before the relevant financial year), applies a formula to scale fees, caps any indexed amount at $3,000, prescribes rounding rules, and instructs how to treat substituted CPI publications and index reference period changes.

The instrument uses defined terms including Act, CPI number and SIS Act (regulation 5), and explicitly limits the CPI indexing to fees that are not nil (regulation 8(1)). It also specifies that any amendments or repeals listed in Schedule 1 take effect as stated; Schedule 1 repeals the 2012 instrument in full.

The instrument is brief and tightly focussed. Its main legal concepts are: prescribed fees, registry fees, indexing by CPI, definitions and repeal of a prior instrument. Each is established in a narrow statutory form.

• Prescribed fees. Regulation 6 provides a discrete list of "ASIC fees" that are prescribed for particular administrative actions associated with SMSF auditor registration and related items identified by reference to provisions of the SIS Act (for example, applications to vary or revoke conditions under s 128D, cancellation under s 128E, competency examinations under s 128C, and statements under s 128G). The regulation frames these amounts as being "for the purposes of section 4 of the Act", which ties the prescribed amounts to the fee‑imposition power in the enabling Act (regulation 6).
• Registry fees. Regulation 7 prescribes fees for inspection or search of the register kept under Division 1A of Part 16 of the SIS Act. The entries distinguish between current extracts and historical extracts, and between searches by journalists and others. The fee schedule establishes a differential price structure in which journalists are charged nil for historical extracts that otherwise attract $20 (regulation 7).
• CPI indexation method. Regulation 8 supplies an automatic, formulaic mechanism for adjusting registry fees in later financial years. The mechanism applies only to fees from the regulation 7 table that are not nil (regulation 8(1)). It specifies the CPI numbers to be compared, the formula (previous fee times latest CPI divided by earlier CPI), a cap at $3,000, rounding rules, and rules for handling substituted CPI publications and changes to the CPI index reference period (regulation 8(3)-(4)).
• Definitions and statutory authority. Regulation 5 defines key terms used within the instrument, including the Act, CPI number and SIS Act. Regulation 3 records the statutory authority under which the instrument is made, namely the Superannuation Auditor Registration Imposition Act 2012.
• Repeal. Schedule 1 effectually removes the earlier Superannuation Auditor Registration Imposition Regulation 2012 (Schedule 1).

The structure ensures that most operational fee choices are fixed numerically in the instrument, and subsequent changes to certain fees are effected only by an automatic CPI formula rather than by a fresh legislative instrument, subject to the cap and rounding rules.

This instrument affects identifiable categories of actors linked to SMSF auditor registration and to public access to the auditor register under the SIS Act.

• Applicants and registrants. Persons who apply for registration as approved SMSF auditors pay the fee set in regulation 6 item 1 ($2,191). Those applying to vary or revoke conditions on registration under s 128D of the SIS Act pay $678 (regulation 6 item 2). Those applying for cancellation of registration under s 128E pay $193 (regulation 6 item 3). Persons undertaking the competency examination under s 128C pay $107 (regulation 6 item 4). These amounts directly affect prospective and current auditors who interact with ASIC or the Regulator for registration, condition variation, cancellation or competence processes.
• Persons providing statements or particulars under SIS Act provisions. The instrument prescribes nil fees in relation to statements given to the Regulator under s 128G and particulars under s 128H, including late filings within or beyond one month after they fell due (regulation 6 items 5-9). Those provisions therefore reduce or eliminate direct fee costs associated with statutory reporting obligations captured by those SIS Act sections (as represented here).
• Users of the Regulator’s register. Regulation 7 prescribes fees for inspection or search of the register kept under Division 1A of Part 16 of the SIS Act. Individuals or entities seeking a current extract pay nil for inspection/search (regulation 7 item 1). Those seeking a historical extract pay $20, unless the request is made by a journalist, in which case the fee is nil (regulation 7 item 2-3). The same $20/ nil split applies to inspection or search of an extract given to or issued by the Regulator (regulation 7 items 4-5). Therefore, researchers, advisers, lawyers, journalists and members of the public are differentially affected depending on whether they are requesting current or historical extracts and whether they claim journalist status.
• The Regulator and ASIC. The instrument labels one schedule "ASIC fees" (regulation 6 heading) and elsewhere refers to "the Regulator" as the keeper of the register under the SIS Act (regulation 7). The Regulator will be the administrative agency receiving payments, maintaining the register, implementing the CPI adjustments, and distinguishing requests that qualify as journalist requests. The instrument therefore affects the Regulator’s administrative processes and cash flows by setting fixed monetary values and an automated indexation rule.
• Those monitoring regulatory costs. The CPI‑indexation mechanism in regulation 8 affects anyone who budgets for or audits these fee lines in later years. The definitions of "earlier CPI number" and "latest CPI number" require administrative calculation using March quarter CPI points two financial years apart, which imposes a precise procedural requirement on the Regulator and fee‑payers for forecasting and ex post reconciliation.

This instrument creates obligations to pay specified fees and establishes rights to access the register on set terms. The obligations are narrowly defined and function by reference to triggers in the SIS Act and the enabling Act.

Duties (money payable)

• Pay the prescribed application fees when engaging in registration processes. Regulation 6 sets out discrete fees for particular matters: application for registration as an approved SMSF auditor ($2,191, reg 6 item 1), application under s 128D to vary or revoke conditions ($678, reg 6 item 2), application under s 128E for cancellation ($193, reg 6 item 3), and undertaking the competency examination under s 128C ($107, reg 6 item 4). These amounts are prescribed "for the purposes of section 4 of the Act" (reg 6), which links the payment obligation to the Act’s fee‑imposition mechanism.
• Pay registry inspection/search fees as set out in regulation 7. For historical extracts and extracts given to or issued by the Regulator (except orders under subsection 130F(2) of the SIS Act), the fee is $20 for non‑journalists (reg 7 items 2 and 4). Current extracts are free (reg 7 item 1). Journalist requests for historical extracts or issued extracts are nil (reg 7 items 3 and 5).

Rights (entitlements and exemptions)

• Right to access a current extract without payment. Regulation 7 item 1 prescribes nil for inspecting or searching the register for a current extract.
• Right for journalists to access certain historical information at nil cost. Regulation 7 provides that historic extract searches and inspection of extracts issued by the Regulator are nil if the request is made by a journalist (reg 7 items 3 and 5).
• Right to rely on the instrument’s CPI indexing for non‑nil registry fees. From the financial year starting 1 July 2023 and subsequent 1 Julys, if the relevant CPI has increased, specified registry fees that are not nil are to be adjusted automatically using the formula in regulation 8(1). Regulation 8(2) provides that if CPI has not increased, the fee remains the same.
• Definition‑anchored rights. The instrument contains defined terms (regulation 5), including the CPI number (the All Groups Consumer Price Index for the eight capital cities as published by the Australian Statistician), which gates the indexation right and ensures a single, named series must be used when applying the formula in regulation 8.

Procedural and administrative duties

• Administrative duty to apply the CPI formula correctly. Regulation 8 prescribes precise definitions for "earlier CPI number" and "latest CPI number" (regulation 8(1) and following note), and defines rounding and capping rules (regulation 8(3)). The Regulator has the administrative duty to implement this formula from the specified starting year.

This instrument itself does not create criminal offences or specify penalties. Its operative effect is to prescribe fees and indexation rules; enforcement of payment and any penalties for non‑payment are not set out in these regulations. Instead, the instrument operates as follows with respect to enforcement implications that can be read from its text.

• Fee prescription for purposes of the Act. Regulation 6 and regulation 7 make the specified amounts "prescribed for the purposes of section 4 of the Act". The Act will therefore be the statutory vehicle that requires payment and, presumably, sets out the consequences of non‑payment or late payment. This instrument does not specify those consequences; the reader must look to the Act for enforcement mechanisms. The instrument thus delegates enforcement detail to the Act’s provisions while making the monetary quantum explicit.
• Nil fees do not imply waiver of statutory liabilities. The instrument prescribes nil amounts for certain filings (regulation 6 items 5-9) and for certain registry searches (regulation 7 items 1 and 3 and 5). The absence of a fee does not modify any statutory time limits, reporting obligations or sanctions that may be contained in the SIS Act or the Act. The instrument does not state that nil fees remove any legal obligation to submit required statements or particulars, nor does it prescribe any penalties or relief in respect of late statements , it simply prescribes fee amounts.
• No enforcement mechanism in the instrument for fee collection. The regulations do not provide procedures for the Regulator to recover unpaid fees, nor do they confer additional enforcement powers. Recovery and enforcement, including liability for fees and any administrative or civil consequences, are matters for the enabling Act or for the Regulator’s general administrative powers.
• Indexation does not create retrospective penalties. Regulation 8 supplies a forward application mechanism for fee increases from 1 July 2023 onwards. It establishes a maximum indexed amount ($3,000) and rounding rules (regulation 8(3)). The instrument does not impose retrospective increases or penalties; the indexing applies automatically where CPI has risen and only applies to fees that are non‑nil.
• Administrative discretion that affects enforcement. The instrument places responsibility on the Regulator to distinguish types of requests (journalist v non‑journalist) and to apply the CPI formula. That administrative function may require exercise of discretion in borderline cases (for example, whether an applicant qualifies as a journalist). The instrument does not set out criteria or a dispute process for those determinations, which creates implementation and enforcement risk borne by the Regulator and applicants.

This instrument operates as a fee‑prescribing regulation that integrates with two statutory frameworks identified in the text: the Superannuation Auditor Registration Imposition Act 2012 (the Act) and the Superannuation Industry (Supervision) Act 1993 (the SIS Act). It also references the CPI data series published by the Australian Statistician.

• Connection to the Act. The instrument is made under the authority of the Act (regulation 3) and expressly states that the fees are prescribed "for the purposes of section 4 of the Act" (regulations 6 and 7). That signifies that the Act contains power to impose fees and requires that prescribed amounts be fixed by regulation. This instrument fulfils that requirement by setting the monetary amounts and the indexation method required by paragraph 4(2)(b) of the Act (regulation 8). Implementation and any legal effect of fee imposition therefore entail reading these regulations in conjunction with the procedural and enforcement provisions of the Act.
• Integration with the SIS Act. The instrument uses terminology and references to provisions in the SIS Act when describing the matters for which fees are payable. For example, regulation 6 refers to applications to vary or revoke conditions under section 128D of the SIS Act, to cancellation under section 128E, to competency examinations under section 128C, to statements under section 128G, and to particulars under section 128H. Regulation 7 refers to the register kept under Division 1A of Part 16 of the SIS Act and to subsection 130F(2) of that Act. The regulations therefore operate as cost and access modifiers for processes and registers that are established in the SIS Act, rather than altering the substantive contours of those SIS Act provisions.
• Interaction with administrative practice. The instrument creates operational obligations for the Regulator and for ASIC (the heading "ASIC fees" appears in regulation 6). The Regulator must maintain and make available registers under the SIS Act, distinguish current from historical extracts, implement journalist exemptions, and collect fees where payable. The CPI indexation formula in regulation 8 requires the Regulator to apply Australian Statistician CPI figures in a particular way when a relevant financial year commences.
• Reliance on Australian Statistician data. Regulation 5 defines "CPI number" as the All Groups Consumer Price Index number for the eight capital cities published by the Australian Statistician. Regulation 8(4) governs how to treat substituted CPI numbers or a change in index reference period. The instrument therefore ties fee adjustments to the statistical methodology of the national statistical agency rather than to ministerial discretion.

The instrument itself states its own originating data and a single consequential change to prior subordinate legislation. The recorded amendment history within the instrument is as follows.

• Date and making. The instrument is dated 15 December 2022 and signed in the form reproduced at the head of the instrument (the Governor‑General and the relevant Minister), which establishes its formal provenance.
• Commencement. The instrument’s commencement clause provides that "the whole of this instrument" commences "the day after this instrument is registered" (regulation 2(1)). The instrument makes clear that the commencement table pertains only to the instrument as originally made and will not be amended to record later changes (regulation 2 note).
• Repeal of the 2012 regulation. Schedule 1 contains a single item: the repeal of the whole of the Superannuation Auditor Registration Imposition Regulation 2012 (Schedule 1). That repeal means the 2012 instrument is removed from the statute book and replaced by this instrument’s fee schedule and indexation rules.
• No other amending provisions. The instrument contains no other amending items beyond the repeal in Schedule 1. It does not amend primary legislation (the Act or SIS Act) but operates pursuant to the authority conferred by the Act.
• No recorded transitional provisions. The instrument contains no explicit transitional provisions concerning fees that may have been paid under the 2012 regulation, nor does it provide savings clauses for actions taken or fees paid before commencement. Any transitional arrangements would therefore depend on the operation of the Act, the repealed instrument’s expiry or ordinary administrative practice; the regulation itself does not address them.
• Indexation mechanism replacing ad hoc adjustments. By setting an automatic CPI methodology that takes effect for the financial year starting 1 July 2023 and subsequent 1 Julys (regulation 8(1)), the instrument substitutes a formulaic approach for future adjustments rather than relying on discrete subsequent instruments to change numerical amounts. The cap ($3,000) and rounding rules (regulation 8(3)) are part of that enduring scheme unless the instrument is later amended.

Because the instrument is self‑contained and short, its amendment history as recorded in the text is limited to the date it was made, its commencement mechanism, and the repeal of the 2012 regulation. Any subsequent amendments would appear in later instruments or notices and are not present here.

The instrument contains no references to case law, judicial decisions, or ongoing litigation. It lists no judicial or administrative determinations that interpret its provisions. The text includes no citations to authority beyond the Acts and the Australian Statistician’s CPI series.

• No cases named. The regulation itself does not refer to or rely upon any judicial decisions.
• No appeals or litigated disputes recorded. There is no record in the instrument of any litigation concerning the prior 2012 instrument or this 2022 instrument, including no transitional litigation arising from the repeal. The instrument does not enumerate any contested administrative determinations, nor does it set out adjudicative procedures or appeal routes specific to fee disputes.
• Potential for disputes not addressed. The instrument does create factual situations that could give rise to disputes (for example, the classification of a requester as a journalist under regulation 7, or the application of substituted CPI numbers under regulation 8(4)), but the instrument contains no procedural text about resolving such disputes. Any litigated questions would therefore be litigated under the enabling Acts and general administrative law, not under provisions in this instrument.

Accordingly, the instrument’s litigation history, as contained in the text, is nil. Users needing an understanding of dispute resolution pathways must consult the Act, SIS Act and general administrative law resources, which are not reproduced in this instrument.

This instrument is short but contains several operational details that create potential pitfalls if not attended to carefully.

• Nil fees do not remove statutory obligations. The regulation prescribes nil fees for a number of filings (regulation 6 items 5-9) and for certain register inspections (regulation 7 items 1, 3 and 5). Users might assume nil fees make a filing optional or remove other legal consequences. The instrument does not alter the substantive obligations or sanctions in the Act or the SIS Act and does not provide any waiver of statutory duties or penalties.
• Journalist exemption is undefined here. Regulation 7 treats journalist requests for historical extracts and certain issued extracts as nil. The instrument does not define "journalist" or set evidentiary requirements for that classification. Absent further administrative guidance or criteria in other legislation or policy, applicants and the Regulator must determine who qualifies; that produces a potential compliance and implementation gap and a point for dispute.
• CPI indexing uses specific quarter points and a two‑year lag. Regulation 8 requires use of the March quarter CPI two financial years before the relevant financial year as the "earlier CPI number", and the last March quarter before the relevant financial year as the "latest CPI number". Practically, this requires attention to which March quarters apply for any given 1 July adjustment. Errors in identifying the correct quarters will yield incorrect indexed fees. The regulation also applies the indexing rule only to fees in regulation 7 that are not nil (regulation 8(1)), so users must track which items are subject to indexing.
• Cap and rounding quirks. Regulation 8(3) caps any indexed amount at $3,000, and imposes a nearest‑dollar rounding rule with half‑dollar rounded down. These rules may produce counterintuitive results, especially for small fees (for example, a small CPI uplift that rounds back down to the original amount or produces the same fee because of rounding rules). The cap is blunt and may prevent indexing from reflecting large CPI movements for a fee item.
• Treatment of substituted CPI publications and index reference period changes. Regulation 8(4) directs disregard of CPI numbers published in substitution for a previously published number, and instructs that a change in the CPI index reference period means only the new series is to be used thereafter. These clauses require the Regulator to monitor Australian Statistician methodology and to apply judgment about which published figure is the operative one. In practice, this can lead to uncertainty about which figure applies if the Australian Statistician issues revisions or re‑benchmarks the index.

The instrument imposes a small set of concrete compliance steps. The obligations for applicants, registrants, register users and the Regulator are primarily money‑payment, record‑keeping and calculation tasks. The following is a concise, actionable checklist based on the instrument’s provisions.

For applicants and auditors

• Check which fee applies to your application. Use regulation 6 to identify the correct item: registration application ($2,191), application to vary/revoke conditions under s 128D ($678), application for cancellation under s 128E ($193), competency examination under s 128C ($107). If you are giving a statement under s 128G or particulars under s 128H, note that the instrument prescribes nil for those filings (regulation 6 items 5-9).
• Ensure payment mechanism. The instrument prescribes amounts "for the purposes of section 4 of the Act". Follow the payment process established by the Regulator or ASIC in accordance with the Act. Retain receipts and transactional evidence in case of later queries.
• Do not assume nil fees equate to no legal obligation. If a filing is required by the SIS Act (for example, ss 128G or 128H), lodge the filing even if the fee is nil. Keep evidence of lodgement dates and content.

For users of the register (researchers, practitioners, journalists)

• Identify whether you need a current or historical extract. Current extracts attract nil fees (regulation 7 item 1). Historical extracts generally attract $20 unless you are a journalist (regulation 7 items 2-3).
• If claiming journalist status, be prepared to demonstrate it to the Regulator. The instrument gives a nil fee to journalists for certain searches, but it does not define "journalist". Prepare documentation (editorial assignment, press ID, organisation affiliation) consistent with the Regulator’s administrative practice.
• Budget for $20 if you are not a journalist and you require historical extracts or issued extracts (regulation 7 items 2 and 4).

For administrators and the Regulator

• Implement the fee table and collection processes. Program payment portals and internal financial systems to charge the exact amounts in regulation 6 and regulation 7. Ensure records show the relevant regulation item for each fee collected.
• Apply the CPI formula from 1 July 2023 onwards for non‑nil registry fees. For each relevant financial year starting on 1 July 2023 or later, do the following calculation for each non‑nil fee in regulation 7: