4.11 Operating standard—investment by non‑complying approved deposit funds
For the purposes of subsection 32(1) of the Act, it is a standard applicable to the operation of approved deposit funds that, if APRA gives a notice to the trustee of an entity stating that the entity is not a complying approved deposit fund, the trustee must take all reasonable steps to immediately dispose of any units held by the trustee in a PST, unless APRA otherwise directs.
4.11A Operating standard—acceptance of deposits by an approved deposit fund
(1) For paragraph 32(2)(aa) of the Act, the standard stated in subregulation (2) is applicable to a registrable superannuation entity that is an approved deposit fund.
(2) A trustee of the registrable superannuation entity must not accept deposits unless the registrable superannuation entity is registered under Part 2B of the Act.
4.12 Operating standard—acceptance by regulated superannuation and approved deposit funds of rollovers and transfers
(1) For the purposes of subsections 31(1) and 32(1) of the Act, it is a standard applicable to the operation of regulated superannuation funds and approved deposit funds that the trustee of a fund (the receiving trustee) must not accept the rollover or transfer of a benefit from another regulated superannuation fund or approved deposit fund, or from an EPSSS or RSA, (the transferring entity) if:
(a) the receiving trustee has reasonable grounds to believe that the benefit being rolled over or transferred is being rolled over or transferred on the basis of a belief held by the trustee or RSA provider of the transferring entity (as the case requires) that the receiving trustee has received the member’s or RSA holder’s consent to the rollover or transfer; and
(b) the receiving trustee has not received that consent.
(2) In this regulation:
consent means:
(a) written consent; or
(b) any other form of consent determined by the Regulator as sufficient in the circumstances.
4.13 Operating standard—lending to members of an approved deposit fund
(1) For the purposes of subsection 32(1) of the Act, the standards stated in subregulations (2) and (3) are standards applicable to the operation of approved deposit funds.
(2) The trustee of a fund must not:
(a) lend money of the fund to:
(i) a member of the fund; or
(ii) a relative of a member of the fund; or
(b) give any other financial assistance using the resources of the fund to:
(i) a member of the fund; or
(ii) a relative of a member of the fund.
(3) The trustee of a fund must take all reasonable steps to ensure that the investment manager does not:
(b) give any other financial assistance using the resources of the fund to:
(i) a member of the fund; or
(ii) a relative of a member of the fund.
(4) In this regulation:
member, of a fund, includes the non‑member spouse in relation to a superannuation interest in the fund that is subject to a payment split.
relative has the same meaning as in the Income Tax Assessment Act.
Part 5—Benefit protection standards
Division 5.1—Preliminary
5.01 Interpretation
(1) In this Part, unless the contrary intention appears:
accumulated deposit, in relation to a member of an approved deposit fund as at a particular time, means the total of the following amounts:
(a) amounts deposited in the fund for the member down to that time; and
(b) investment earnings on those amounts down to that time; less:
(c) the costs applicable to those amounts down to that time.
administration costs includes all fees and charges charged against a member’s benefits (whether or not charged against the contributions by or in respect of the member), other than:
(a) in the case of a member who was a member of the fund on 30 June 1995, the exit fee (if any) applicable to the member’s benefits at that date; and
(b) the cost (if any) of providing to the member:
(i) an insured death benefit; or
(ii) an insured permanent or temporary incapacity benefit; and
(c) taxation costs.
Note: Examples of ‘taxation costs’: contributions tax, superannuation contributions surcharge.
cashed means cashed in accordance with Division 6.3.
costs, in relation to a member’s benefits in a regulated superannuation fund or an approved deposit fund as at any time, means the total costs determined under regulation 5.02 in relation to those benefits and charged to those benefits in accordance with that regulation down to that time.
deferred annuity means an annuity that is not payable on purchase, and the terms of which ensure:
(a) that payment of benefits under the annuity:
(i) is not commenced earlier than the time at which Part 6 permits or requires the benefits to be paid from an approved deposit fund; and
(ii) is to commence as soon as practicable after the annuitant:
(A) dies; or
(B) if the annuitant dies before attaining the age of 65—would have attained that age; and
(b) that, except as permitted in relation to approved deposit funds by the Act or these Regulations, the provider of the annuity is not taken to recognise, or in any way encourage or sanction:
(i) an assignment of an interest under the annuity; or
(ii) the giving of a charge over, or in relation to, the annuity.
Government co‑contribution benefits means Government co‑contributions made under the Co‑contribution Act, less:
(a) the costs applicable to them; and
(b) any amounts repaid under section 24 of the Co‑contribution Act.
investment earnings, in relation to a member’s benefits (or a members’ benefits of a particular kind) in a regulated superannuation fund or an approved deposit fund as at any time, means the total of the amounts credited, less the total of the amounts debited, to the member’s account by way of investment return down to that time in respect of those benefits.
investment return, in relation to a member’s benefits (or a member’s benefits of a particular kind) in a regulated superannuation fund or an approved deposit fund over a particular period means:
(a) in the case of an approved deposit fund or an accumulation fund in which the trustee does not maintain reserves—the proportion of the return to the fund on investments over that period that is attributable to those benefits; or
(b) in the case of an approved deposit fund or an accumulation fund in which the trustee maintains reserves—the return determined by the trustee in accordance with regulation 5.03 for that period; or
(c) in the case of a defined benefit fund:
(i) the proportion of the return to the fund on investments over that period that is attributable to those benefits; or
(ii) the return on the benefits over that period that is fair and reasonable to all members of the fund, being a return based either on the actual return earned on the investments of the fund or on a commercially available rate of interest; or
(iii) the return on the benefits that is derived by increasing the benefits in proportion with the increase in the salary of the member over that period.
mandated employer contributions, in relation to a member of a regulated superannuation fund, means contributions by, or on behalf of, an employer that are equal to the sum of:
(a) the contributions made by, or on behalf of, the employer to the fund in relation to the member, that:
(i) reduce the employer’s potential liability for the superannuation guarantee charge imposed by section 5 of the Superannuation Guarantee Charge Act 1992; or
(ii) are payments of shortfall components; and
(b) the contributions (other than contributions of the kind specified in paragraph (a)) made by, or on behalf of, the employer to the fund in relation to the member in or towards satisfaction of the employer’s obligation to make contributions for the member, being an obligation under an agreement certified, or an award made, on or after 1 July 1986 by an industrial authority.
mandated employer‑financed benefits, in relation to a member of a regulated superannuation fund as at a particular time, means benefits equal to the sum of:
(a) the amount of the mandated employer contributions (if any) made to the fund in relation to the member down to that time; and
(b) the amount of the mandated employer‑financed benefits (if any) paid into the fund in relation to the member down to that time; and
(c) the amount of the investment earnings on those contributions and benefits down to that time;
less the costs applicable to the amounts down to that time.
member contributions, in relation to a member of a regulated superannuation fund, means contributions by, or on behalf of, the member to the fund, but does not include employer contributions made in respect of the member.
member‑financed benefits, in relation to a member of a regulated superannuation fund as at a particular time, means benefits equal to the sum of:
(a) the amount of the member contributions (if any) made to the fund in relation to the member down to that time; and
(b) the amount of the member‑financed benefits (if any) paid into the fund in relation to the member down to that time; and
(c) the amount of the investment earnings on those contributions and benefits down to that time;
less the costs applicable to those amounts down to that time.
OSS Laws means:
(a) the Occupational Superannuation Standards Act 1987 as in force immediately before the commencement of section 5 of the Occupational Superannuation Standards Amendment Act 1993; and
(b) the Occupational Superannuation Standards Regulations.
rolled over means paid as a superannuation lump sum (other than by way of being transferred) within the superannuation system.
superannuation provider means:
(a) the trustee of a regulated superannuation fund; or
(b) the trustee of an approved deposit fund; or
(c) an RSA provider.
superannuation system means the system comprising:
(a) regulated superannuation funds; and
(b) approved deposit funds; and
(c) the Commissioner of Taxation in the Commissioner of Taxation’s role as the maker of payments to a superannuation provider under the Superannuation (Unclaimed Money and Lost Members) Act 1999; and
(d) deferred annuities; and
(e) EPSSSs; and
(h) RSAs; and
(i) annuities; and
(j) the Commissioner of Taxation in the Commissioner of Taxation’s role as the maker of payments to a superannuation provider under subsection 131‑80(1) or (3) in Schedule 1 to the Taxation Administration Act 1953.
transferred, in relation to a member’s benefits paid out of, or received by, a regulated superannuation fund or approved deposit fund, means paid to, or received from:
(a) another regulated superannuation fund or approved deposit fund; or
(b) an RSA provided by an RSA institution; or
(c) an EPSSS;
otherwise than upon the satisfaction by the member of a condition of release (within the meaning of Part 6) for all those benefits.
(2) For the purposes of this Part, a payment from the Superannuation Holding Accounts Special Account is taken to be a mandated employer contribution.
5.01A Operating standards—determination of costs and investment return
For the purposes of subsections 31(1) and 32(1) of the Act:
(a) the standard set out in subregulations 5.02(1) and (3), 5.02B(2), 5.02C(2) and 5.03(2) is applicable to the operation of regulated superannuation funds and approved deposit funds; and
(b) the standard set out in subregulation 5.03(1) is applicable to the operation of:
(i) accumulation funds; and
(ii) approved deposit funds;
that maintain reserves.
5.01B Trustee may provide greater protection than this Part requires
The trustee of a regulated superannuation fund or approved deposit fund has the power, despite anything in the governing rules of the fund, to protect the benefits of members:
(a) to a greater degree than is required by this Part; or
(b) from an earlier date than is required by this Part;
if the trustee does so in a way that is consistent with this Part.
Note: This regulation was amended with effect from 1 July 2013 as part of changes to the former member protection standards. A trustee might choose to continue to protect the benefits of all members from 1 July 2013 until when the trustee starts to enrol members in the MySuper product.
5.02 Determination of costs
(1) The trustee of a regulated superannuation fund or an approved deposit fund must determine the costs to be charged from time to time against a member’s benefits in the fund.
(2) In determining the costs to be charged against a member’s benefits, the trustee may include:
(a) the direct costs of establishing, operating and terminating the fund; and
(b) any administrative, insurance and taxation costs relating to the establishment, operation and termination of the fund; and
(c) if the member’s benefits are subject to a payment split, the costs incurred in administering the payment split (not including the costs offset by any fees payable under section 98 of the Family Law (Superannuation) Regulations 2025 in respect of the payment split).
(3) Subject to regulation 5.01B, in determining the costs to be charged against a member’s benefits, the trustee must ensure that the costs of the fund (including the costs (if any) incurred by the fund as a result of the operation of Division 5.4) are distributed in a fair and reasonable manner as between:
(a) all the members of the fund; and
(b) the various kinds of benefits of each member of the fund.
5.02B Priority in deducting surcharge or instalment
(1) This regulation applies if a trustee has decided to reduce a member’s benefits in connection with payment of a superannuation contributions surcharge or an advance instalment of surcharge.
(2) In reducing the member’s benefits, the trustee must:
(a) if possible—deduct an amount equal to the whole of the amount of the reduction from the preserved benefits; and
(b) if the required deduction cannot be met under paragraph (a)—deduct the balance from the restricted non‑preserved benefits; and
(c) if the required deduction cannot be met under paragraphs (a) and (b)—deduct the balance from the unrestricted non‑preserved benefits.
5.02C Refund of costs
(1) The trustee of a regulated superannuation fund or approved deposit fund may refund, to a member’s benefits in the fund, costs charged against the member’s benefits.
(2) In determining the amount of refund to be credited, the trustee must ensure that the total amount to be refunded is distributed in a fair and reasonable manner to all the members of the fund against whom the costs were charged.
5.03 Investment returns
(1) The trustee of an accumulation fund or an approved deposit fund that maintains reserves must determine the investment return to be credited or debited from time to time to a member’s benefit (or benefits of a particular kind) in the fund, having regard to:
(a) the return to the fund on investments; and
(b) the extent to which the costs of the fund exceed (or fall below) the aggregate of the costs charged to member’s benefits under regulation 5.02; and
(c) the level of the reserves of the entity.
(2) Subject to regulation 5.01B and Division 6.1, the trustee of a regulated superannuation fund or an approved deposit fund must determine the investment return to be credited or debited to a member’s benefits (or benefits of a particular kind) in a way that is fair and reasonable as between:
(a) all the members of the fund; and
(b) the various kinds of benefits of each member of the fund.
(1) Subject to regulations 5.05, 5.06 and 5.06B, a member’s minimum benefits in a regulated superannuation fund are as set out in this regulation.
(2) If the fund is an accumulation fund, the member’s minimum benefits are all of the member’s benefits in the fund.
(3) If the fund is a defined benefit fund, the member’s minimum benefits are as follows:
(a) if the member belongs to a class of employees in relation to which a relevant benefit certificate applies, the amount of the member’s minimum requisite benefit; or
(b) in any other case:
(i) the member’s member‑financed benefits; and
(ii) the member’s mandated employer‑financed benefits; and
(iii) Government co‑contribution benefits and any investment earnings on them; and
(iv) any amount allocated under regulation 7.11; and
(v) any PPL superannuation contributions within the meaning of the Paid Parental Leave Act 2010.
(1) Subject to this regulation, contributions to a regulated superannuation fund are taken to be mandated employer contributions.
(2) If:
(a) at least 1 year has elapsed since the fund received the contributions; and
(b) the trustee:
(i) is satisfied that the contributions are not in fact mandated employer contributions; and
(ii) decides not to continue to treat the contributions as mandated employer contributions;
subregulation (1) ceases to apply to the contributions.
(3) If:
(a) less than 1 year has elapsed since the fund received the contributions; and
(b) the trustee is satisfied that the contributions are not in fact mandated employer contributions;
subregulation (1) ceases to apply to the contributions.
(4) The trustee has power to make a decision of the kind mentioned in subparagraph 2(b)(ii) despite anything in the governing rules of the fund.
Example of the application of this regulation: A trustee of a fund may receive a non‑mandated employer contribution from an employer‑sponsor of the fund that the trustee does not know is a non‑mandated employer contribution (i.e. a contribution not made in satisfaction of the employer‑sponsor’s superannuation guarantee or award obligation).
Upon acceptance, the contribution will be taken to be a mandated employer contribution and therefore subject to the minimum benefits standards.