Commonwealth Consolidated Acts

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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 284

Report of inspector

  (1)   An inspector must, on completion or termination of an investigation, prepare a report about the investigation.

  (2)   The report must set out:

  (a)   the inspector's findings about the matters investigated; and

  (b)   the evidence and other material on which these findings were based; and

  (c)   such other matters relating to or arising out of, the investigation as the inspector thinks fit.

  (3)   The Regulator:

  (a)   must give a copy of the report to:

  (i)   each trustee of the superannuation entity to which the investigation related; or

  (ii)   the approved SMSF auditor to whom the investigation related; or

  (iii)   the person who conducted, or is conducting, the audit to which the investigation related; and

  (b)   if the report, or a part of the report, relates to the affairs of another person to a material extent--may, on the Regulator's own initiative or at the request of that person, give a copy of the report or part of that report, to that person; and

  (c)   if the report, or a part of the report, relates to a contravention of a law of the Commonwealth, of a State or of a Territory--may give a copy of the whole or a part of the report to:

  (i)   the Australian Federal Police; or

  (ii)   the Chief Executive Officer of the Australian Crime Commission; or

  (iii)   the Director of Public Prosecutions; or

  (iv)   a prescribed agency.

  (4)   APRA and ASIC must give each other a copy of any reports they prepare under this section.

  (5)   ASIC and the Commissioner of Taxation must give each other a copy of any report they prepare under this section in relation to:

  (a)   a self managed superannuation fund; or

  (b)   an approved SMSF auditor; or

  (c)   a person who conducted, or is conducting, an audit of a self managed superannuation fund.


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