7Effect of contravention of prescribed requirements

#### 7 Effect of contravention of prescribed requirements (1) Any act done in relation to the provision of superannuation benefits that contravenes any of the prescribed requirements referred to in section 6 is void to the extent that it contravenes the requirements. (3) Where, because of the operation of subsection (1) of this Act or subsection 7(2) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 as in force immediately before 1 July 1994, the payment of money by a person or body to another person or body is void, then, unless the Minister has declared in writing that this subsection does not apply: (a) the money so paid is recoverable as a debt due to the person or body who paid it; and (b) if the person or body who paid the money is the employer and the Minister has directed that person or body, by notice in writing, to take action to recover it—the person or body must take action to recover it accordingly. (4) Where, because of the operation of subsection 5(6) or (10) of this Act, or subsection 5(4) or (5) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 as in force immediately before 1 July 1994, a superannuation arrangement, or an amendment of a superannuation arrangement, is of no force or effect, the Minister may, after having regard to the consequences to persons receiving, or likely to receive, benefits under the arrangement, by determination in writing: (a) declare the arrangement or amendment, and all or any actions associated with its establishment, making or operation, to have the same force and effect as if it had made provision for, or constituted the provision of, superannuation benefits in accordance with the requirements of this Act; or (b) declare the arrangement or amendment, and all or any actions associated with its establishment, making or operation, to have the force and effect referred to in paragraph (a) if the employer concerned, within a period specified in the determination, takes, to the satisfaction of the Minister, such action in relation to the arrangement or amendment as is specified in the determination, being action that, in the opinion of the Minister: (i) will most effectively modify the operation of the arrangement or amendment so that its effect will be substantially similar to the effect it would have had if it had made provision for, or constituted the provision of, superannuation benefits in accordance with the requirements of this Act; or (ii) if it cannot be so modified—will most effectively restrict the operation of the arrangement or amendment. (5) Where, because of the operation of subsection 5(6) of this Act, or subsection 5(4) or (5) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 as in force immediately before 1 July 1994, a superannuation arrangement, or an amendment of a superannuation arrangement, is of no force or effect in its application in respect of particular persons, the Minister may, after having regard to the consequences to persons receiving, or likely to receive, benefits under the arrangement, by determination in writing: (a) declare the arrangement or amendment, in its application to those persons, and all or any actions associated with its application in respect of those persons, to have the same force and effect as if it had made provision for, or constituted the provision of, superannuation benefits in respect of those persons in accordance with the requirements of this Act; or (b) declare the arrangement or amendment, in its application in respect of those persons, and all or any actions associated with its application in respect of those persons, to have the force and effect referred to in paragraph (a) if the employer concerned, within a period specified in the determination, takes, to the satisfaction of the Minister, such action in relation to the arrangement or amendment as is specified in the determination, being action that, in the opinion of the Minister: (i) will most effectively modify the operation of the arrangement or amendment so that the effect of its application in respect of those persons will be substantially similar to the effect its application would have had if it had made provision for, or constituted the provision of, superannuation benefits in respect of those persons in accordance with the requirements of this Act; or (ii) if it cannot be so modified—will most effectively restrict the operation of the arrangement or amendment in its application to those persons. (6) Where the Minister makes a determination under subsection (4) or (5), he or she: (a) must cause a copy of the determination to be given to the employer concerned; and (b) must cause a copy of the determination to be laid before each House of the Parliament within 5 sitting days of that House after its making. (7) Either House of the Parliament, within 5 sitting days of that House after a copy of a determination has been laid before that House may, under a motion upon notice, pass a resolution disallowing the determination. (8) Where: (a) a notice referred to in subsection (7) is given with respect to a determination; and (b) at the expiration of the period during which a resolution disallowing the determination could have been passed: (i) the notice has not been withdrawn and the relevant motion has not been called on; or (ii) the relevant motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of; the determination is to be taken to have been disallowed. (9) If: (a) neither House of the Parliament passes a resolution in accordance with subsection (7) disallowing a determination; and (b) the determination is not to be taken to have been disallowed under subsection (8); the determination takes effect on whichever of the following days is the later: (c) the day immediately following the last day on which a resolution disallowing the determination could have been passed; (d) where the determination is conditional upon the employer’s taking, to the satisfaction of the Minister, specified action within a specified period and the Minister is satisfied that that action is so taken—the day on which the Minister, by notice in writing given to the employer, declares himself or herself to be so satisfied. (10) If, before the expiration of 5 sitting days of a House of the Parliament after a copy of a determination has been laid before that House: (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and (b) at the time of the dissolution, expiry or prorogation, as the case may be: (i) a notice of motion disallowing the determination has not been withdrawn and the motion has not been called on; or (ii) a motion disallowing the determination has been called on, moved and seconded and has not been withdrawn or otherwise disposed of; the copy of the determination must, for the purposes of this section, be taken to have been laid before that first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be. (11) A reference in this section to the provision of superannuation benefits includes a reference to any act done in relation to the establishment or administration of a superannuation arrangement for their provision, including the receipt of contributions under the arrangement.