Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 2—Transitional provisions relating to the repeal of the Superannuation (Resolution of Complaints) Act 1993

Schedule 2 Transitional provisions relating to the repeal of the Superannuation (Resolution of Complaints) Act 1993

   

Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Act 2018

1  Part 3 of Schedule 3 (heading)

Omit “ Application ”, substitute “ Application, saving and transitional ”.

2  At the end of Part 3 of Schedule 3

Add:

33  Transfer of records

(1)       This item applies to any records or documents that were in the possession of the following immediately before the commencement of Part 1 of this Schedule:

                     (a)  a member of the Superannuation Complaints Tribunal;

                     (b)  a member of the staff of the Australian Securities and Investments Commission who had been made available to the Superannuation Complaints Tribunal under section 62 of the Superannuation (Resolution of Complaints) Act 1993 .

(2)       The records and documents are to be transferred to the Australian Securities and Investments Commission after that commencement.

Note:       The records and documents are Commonwealth records for the purposes of the Archives Act 1983 .

Records and documents taken to be protected information

(3)       For the purposes of section 127 of the Australian Securities and Investments Commission Act 2001 , a record or document transferred to the Australian Securities and Investments Commission under subitem (2) of this item is taken to be protected information, unless the document or record has already been lawfully made available to the public.

34  Remittal of matters by the Federal Court

(1)       This item applies in relation to an appeal to the Federal Court under section 46 of the Superannuation (Resolution of Complaints) Act 1993 , as in force immediately before the commencement of Part 1 of this Schedule, from a determination of the Superannuation Complaints Tribunal, if the appeal was not finally determined before that commencement.

(2)       Without limiting the powers of the Federal Court, the Federal Court may make an order remitting the matter to be determined by the Australian Financial Complaints Authority in accordance with the directions of the Court.

35  Transitional rules

(1)       The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

(2)       To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.