Commonwealth legislation

Superannuation Industry (Supervision) (Infringement Officers) Determination 2023

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

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.

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Current sections

Direct links to the current provisions in Superannuation Industry (Supervision) (Infringement Officers) Determination 2023.

Superannuation Industry (Supervision) (Infringement Officers) Determination 2023

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Commonwealth Coat of Arms of Australia

Superannuation Industry (Supervision) (Infringement Officers) Determination 2023

I, John Lonsdale, Chair of the Australian Prudential Regulation Authority, make the following determination.

Dated: 5 June 2023

[Signed]

John Lonsdale

Chair of the Australian Prudential Regulation Authority

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Determination

Schedule 1—Repeals

Determination that APRA staff members of a class are to be infringement officers

1 Name

This instrument is the Superannuation Industry (Supervision) (Infringement Officers) Determination 2023.

2 Commencement

(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.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered.
1. 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.
1. 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.

Note: 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.

(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.

3 Authority

This instrument is made under section 223C of the Superannuation Industry (Supervision) Act 1993.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) APRA staff member;

(b) infringement officer.

In this instrument:

Act means the Superannuation Industry (Supervision) Act 1993.

5 Determination

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.

Schedule 1—Repeals

Determination that APRA staff members of a class are to be infringement officers

1 The whole of the instrument

Repeal the instrument

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

meta-content-style-type: text/css meta-content-type: application/xhtml+xml; charset=utf-8 meta-generator: Aspose.Words for .NET 22.10.0 meta-keywords: "[SEC=OFFICIAL]" title: 20230526 Draft legislative instrument - clean copy(48076162.1)(48132020.1)

Superannuation Industry (Supervision) (Infringement Officers) Determination 2023

I, John Lonsdale, Chair of the Australian Prudential Regulation Authority, make the following determination.

Dated: 5 June 2023

[Signed]

John Lonsdale

Chair of the Australian Prudential Regulation Authority

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Determination

Schedule 1—Repeals

Determination that APRA staff members of a class are to be infringement officers

1 Name

This instrument is the Superannuation Industry (Supervision) (Infringement Officers) Determination 2023.

2 Commencement

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered.
1. 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.
1. 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.