Explanatory Memorandum fees imposition

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					                                      2012-2013


       THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                         HOUSE OF REPRESENTATIVES




      SUPERANNUATION (SELF MANAGED SUPERANNUATION FUND
              AUDITORS) FEES IMPOSITION BILL 2012




                        EXPLANATORY MEMORANDUM




(Circulated by the authority of Minister for Financial Services and Superannuation, the
                                 Hon Bill Shorten MP)
Table of contents
Glossary ................................................................................................. 1

General outline and financial impact....................................................... 3

Chapter 1              Imposition of Fees ......................................................... 5
Glossary
     The following abbreviations and acronyms are used throughout this
     explanatory memorandum.


                Abbreviation                        Definition
      ASIC                         Australian Securities and Investments
                                   Commission
      ATO                          Australian Taxation Office
      SIS Act                      Superannuation Industry (Supervision) Act
                                   1993
      SMSF                         Self managed superannuation fund




                                                                               1
General outline and financial impact

Stronger Super
        On 16 December 2010, the Assistant Treasurer and Minister for Financial
        Services and Superannuation, the Hon Bill Shorten MP (the Minister),
        announced the Stronger Super reforms.
        Stronger Super represents the Government’s response to the review into
        the governance, efficiency, structure and operation of Australia’s
        superannuation system, the Super System Review (the Review).
        To provide input on the design and implementation of the Stronger Super
        reforms, the Government undertook extensive consultation with industry,
        employer and consumer groups. The Government announced its decisions
        on the key design aspects of the Stronger Super reforms on
        21 September 2011 (the Minister’s media release number 131/2011).
        As part of the auditor registration regime, auditors will be required to
        meet initial and ongoing requirements relating to their qualifications,
        competency and independence. ASIC will be the registration body for
        SMSF auditors and will be responsible for setting competency standards
        and apply penalties to non-compliant auditors. The ATO will be
        responsible for monitoring auditor’s compliance with relevant standards
        and refer any non-compliant auditors to ASIC for enforcement action.
        SMSF Auditor Registration is intended to ensure that auditors of SMSFs
        have a minimum standard of competency and knowledge of relevant laws
        and are able to detect and report contraventions by SMSF trustees.
        This Bill provides for an Act to impose a levy on certain matters relating
        to auditors of SMSFs and for related purposes.
        SMSF auditors will be required to pay fees for applying for registration,
        undertaking a competency exam and submitting an annual statement to
        ASIC. Additionally, approved SMSF auditors will be liable for additional
        fees if they do not submit their annual statements on time or fail to notify
        ASIC of certain matters on time.
        Fees will also be payable for inspecting or searching a register kept by
        ASIC under the SIS Act or a document given to ASIC under that Act.
        Date of effect: 31 January 2013.
        Proposal announced: On 16 December 2010, the Minister announced the
        Stronger Super reforms. On 21 September 2011, the Minister announced
        the Government’s decisions on key design aspects of the Stronger Super
        reforms. In the 2012-13 Budget, further details on auditor registration

                                                                                     3
Superannuation (Self Managed Superannuation Fund Auditors) Fees Imposition Bill 2012



             were announced. On 23 June 2012, the Minister announced further details
             including registration and exam fee amounts.
             Financial impact: Commonwealth costs associated with the
             implementation of SMSF auditor registration will partly be offset by the
             collection of fees. It is expected that ASIC will collect $0.9 million over
             the forward estimates in registration fees, and fees collected for lodgement
             of the annual statement and undertaking a competency exam.
             Human rights implications: This [Bill/Schedule] does not raise any
             human rights issue.
             Compliance cost impact: This Bill will impose costs on auditors who
             apply and become registered with ASIC. Fees for applying for
             registration, undertaking a competency exam and submitting an annual
             statement will be imposed on these auditors. Approved SMSF auditors
             will also be liable for additional fees if they do not submit their annual
             statements on time or fail to notify ASIC of certain matters on time.


Summary of regulation impact statement
Regulation impact on business
             Impact: A Regulation Impact Statement (RIS) for SMSF Auditor
             Registration has been assessed as adequate by the Office of Best Practice
             Regulation’s.




4
Chapter 1
Imposition of Fees

Outline of chapter
         1.1     This chapter explains the imposition of fees relating to auditors
         of SMSFs and for related purposes.


Context of amendments
         1.2      Auditors play a crucial role in the regulation of the SMSF sector
         and consequently, it is necessary that SMSF auditors have a high standard
         of competency.
         1.3       SMSF auditor registration is intended to raise the standard of
         SMSF auditor competency and ensure there are minimum standards
         across the sector.
         1.4     Fees imposed under this Bill are intended to offset costs of
         implementing SMSF auditor registration.
         1.5        SMSF auditors will be required to pay fees for applying for
         registration, undertaking a competency exam and submitting an annual
         statement to ASIC. Additionally, approved SMSF auditors will be liable
         for additional fees if they do not submit their annual statements on time or
         fail to notify ASIC of certain matters on time.
         1.6      Fees will also be payable for inspecting or searching a register
         kept by ASIC under the SIS Act or a document given to ASIC under that
         Act.


Summary of new law
         1.7        This Bill provides for an Act to impose a levy on certain matters
         relating to auditors of SMSFs and for related purposes.


Comparison of key features of new law and current law

                        New law                             Current law
          Fees payable in accordance with       No equivalent.
          section 128L of the SIS Act are
          imposed. The amounts of those fees
          are prescribed by the regulations.


                                                                                     5
Superannuation (Self Managed Superannuation Fund Auditors) Fees Imposition Bill 2012



              The regulations may prescribe an        No equivalent.
              amount not exceeding $1000 as the
              fee or a method for calculating the
              amount not exceeding $1000 of the
              fee.
              The regulations may prescribe           No equivalent.
              different amounts for different kinds
              of matters mentioned in an item in
              column 1 of the table in subsection
              128L(1) of the SIS Act.
              The Governor-General may make           No equivalent.
              regulations relating to the amount of
              fees.



Detailed explanation of new law
             1.8      Fees payable in accordance with section 128L of the SIS Act are
             imposed. [Section 3]
             1.9      The amounts of those fees will be prescribed by the regulations.
             [Section 4, subsection (1)]
             1.10      The regulations may prescribe such a fee:
                       • by prescribing an amount (not exceeding $1000) as the fee;
                         or
                       • by prescribing a method for calculating the amount (not
                         exceeding $1000) of the fee. [Section 4, subsection (2)]
             1.11     The regulations may prescribe different amounts for different
             kinds of matters mentioned in an item in column 1 of the table in
             subsection 128L(1). [Section 4, subsection (3)]




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