ASIC Extends Super Trustee Transfer Relief to 2031
Summary
ASIC has extended the intra-fund transfer relief for superannuation trustees by five years, until 1 April 2031. This extension provides clarity on application form and cooling-off period requirements, continuing relief previously set to expire in April 2026. The decision follows a consultation period where all submissions supported the proposed extension.
What changed
The Australian Securities and Investments Commission (ASIC) has extended the intra-fund transfer relief for superannuation trustees by five years, with the new relief instrument, ASIC Corporations (Intra-fund Transfers) Instrument 2026/688, effective from 1 April 2031. This instrument continues the relief previously provided under ASIC Corporations (Superannuation: Accrued Default Amount and Intra-Fund Transfers) Instrument 2016/64, which was set to expire on 1 April 2026. The extension aims to provide clarity to superannuation trustees regarding application form and cooling-off period requirements during intra-fund transfers.
Superannuation trustees affected by this change will continue to be exempted from the application form requirements in section 1016A and the cooling-off period requirements in section 1019A of the Corporations Act 2001. This extension is a result of ASIC's consultation process, where the proposal to extend the relief received support from all three submissions. Compliance officers should note the new expiry date of 1 April 2031 and ensure their internal processes align with the continued relief provisions.
What to do next
- Review and update internal policies regarding intra-fund transfer application forms and cooling-off periods to align with the extended relief until 1 April 2031.
- Ensure compliance with ASIC Corporations (Intra-fund Transfers) Instrument 2026/688.
Source document (simplified)
Print Share ASIC has extended the intra-fund transfer relief provided for superannuation trustees by a period of five years, until 1 April 2031.
ASIC Corporations (Intra-fund Transfers) Instrument 2026/688 (ASIC Instrument 2026/688 ) continues the relief provided in ASIC Corporations (Superannuation: Accrued Default Amount and Intra-Fund Transfers) Instrument 2016/64, which is due to expire on 1 April 2026.
The relief extension gives clarity to superannuation trustees about the application form and cooling-off period requirements during an intra-fund transfer.
ASIC consulted on our proposal in CS 44 Proposed extension of relief for intra-fund transfers. We received three submissions, all supporting our proposal to extend the relief.
Background
ASIC Instrument 2016/64 exempted trustees of APRA-regulated superannuation funds who issue superannuation products during an intra-fund transfer from:
- the application form requirements in section 1016A, and
- the cooling-off period requirements in section 1019A of the Corporations Act 2001. Under the Legislation Act 2003, all legislative instruments are repealed automatically, or sunset, after 10 years, unless ASIC takes action to preserve them.
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