Superannuation Industry (Supervision) modification declaration No. 3 of 2007

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Superannuation Industry (Supervision)

modification declaration No. 3 of 2007

Superannuation Industry (Supervision) Act 1993

I, Wayne Byres, a delegate of APRA, under section 332 of the Superannuation Industry

has effect in relation to the class of persons described in the attached Schedule, as if it were

modified in the manner specified in the attached Schedule.

This declaration comes into force upon registration of this instrument on the Federal Register

of Legislative Instruments.

Dated 19 November 2007

[Signed]

Wayne Byres

Executive General Manager

Diversified Institutions Division

Interpretation

Document ID: 150538

In this instrument

APRA means the Australian Prudential Regulation Authority.

Federal Register of Legislative Instruments means the register established under section 20

of the Legislative Instruments Act 2003.

Regulations

means the Superannuation Industry (Supervision) Regulations 1994.

Note 1

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003

(the LIA) (see section 5 and Item 15 of section 7 of the LIA). Under section 56 of the LIA, the obligation

under

section 336 of the Act, to publish this exemption in the Gazette, is satisfied by its registration on the

Federal

Register of Legislative Instruments.

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Note 2 Under paragraph (zb) of the definition of reviewable decision in subsection 10(1) of the Act, the

decision to make this declaration is a reviewable decision. If you are dissatisfied with this decision, you may

request

APRA to reconsider it in accordance with subsection 344(1) of the Act. The request for

reconsideration must be made in writing, must set out the reasons for making the request, and must be given to

APRA

within 21 days after the day on which you first received notice of this decision, or within such further

period

as APRA allows. If you are dissatisfied with the outcome of APRA’s reconsideration of the decision,

you may, subject to the Appeals Tribunal Act 1975, apply to the Administrative Appeals Tribunal for review

of the reconsidered decision.

Note 3

The address where the request for reconsideration referred to in this instrument may be given to

APRA, is

Level 26, 400 George Street, Sydney NSW 2000

.

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Schedule - the class of persons to whom this declaration

applies

All RSE licensees

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Schedule - the manner in which the specified modifiable

provisions are modified

Subregulation 7.04(4) of the Regulations, as modified by Modification Declaration No.2 of

2007, is modified by inserting at the end of paragraph (a):

“(C) the amount was a government co-contribution payment in respect of a member

contribution, where the member contribution was made prior to 1 July 2007; or”