FORM BRSE
01/14
Notification by RSE licensee
Section 29JA Superannuation
Industry (Supervision) Act 1993 (SIS Act)
All questions in the form must be completed before it can be accepted
(See over page for information on completing this form - attach extra pages if insufficient
space)
Name of the RSE licensee
RSE licensee ABN
Names of all RSEs affected
by breach
RSE Trust ABN
RSE Licence conditions breached
s. 29E of the SIS Act (legislative conditions)
(select applicable licence condition from list
below)
29E(1)(a) RSE licensee law
29E(1)(b) Trustee duties properly performed
29E(1)(ba) Trustee must have an ABN or made an application for an ABN that
has not been refused
29E(1)(d) RSE must be registered
29E(1)(ea) RSE must have ABN
29E(1)(f) Notify change in composition
29E(1)(g) Comply with conditions prescribed by SIS Regulations
Continued on the next page
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FORM BRSE
01/14
RSE Licence conditions breached (continued)
29E(3) Public Offer Entity must be constitutional corporation
29E(4) Only providing old-age pensions
29E(5) Minimum number of individual trustees
29E(6) Transferee fund obligations
29E(6A) s. 29TC MySuper requirements
29E(6B) Giving effect to MySuper elections
29E(6C) ERF elections
29E(6D) ERF requirements
29E(6E) Identify multiple super accounts
s. 29EA of the SIS Act (APRA imposed)
(select applicable licence condition from the list below)
Public Offer, Extended Public Offer &
Non-Public Offer licensees
Acting Trustee licensees
1 Notifying change in controlling influence
2 Notifying change in name of RSE Licensee Specific condition (insert condition no.)
or MySuper product
Specific condition (insert condition no.)
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FORM BRSE
01/14
Legislative Provisions breached
(insert section/regulation reference – e.g. s.52(2)(f), r. 4.08)
SIS Act 1993 (insert section reference)
SIS Regulations 1994
Corporations Act 2001
Corporations Regulations 2001
Financial Sector (Collection of Data) Act 2001
Financial Institutions Supervisory Levies Collection
Act 1998
Superannuation Prudential Standards
SPS 114 Operational Risk Financial Requirement (ORFR)
SPS 160 Defined Benefit Matters
SPS 220 Risk Management
CPS 226 Margining and risk mitigation for non-centrally cleared derivatives
SPS 231 Outsourcing
SPS 232 Business Continuity Management
SPS 250 Insurance in Superannuation
SPS 310 Audit and Related Matters
SPS 410 MySuper Transition
SPS 450 Eligible Rollover Fund (ERF) Transition
SPS 510 Governance
SPS 520 Fit and Proper
SPS 521 Conflicts of Interest
SPS 530 Investment Governance
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FORM BRSE
01/14
Nature and impact of the breach (including details on the effect on members or account
holders) and how the breach was identified
(use an attachment to this form if necessary)
Date the breach occurred (or will occur)
D
D
M
M
Y
Y
Y
Y
(Date ranges are not acceptable)
/
/
Date trustee became aware of breach
D
D
M
M
Y
Y
Y
Y
(Date ranges are not acceptable)
/
/
Estimated Number of members/account holders
affected
Estimate of $dollar amount involved
(Amount range is not acceptable)
$
Category of Breach
(Please select only ONE of the following categories that best describes the nature of the breach)
Adequacy of resources
Audit/Actuarial or reporting
Business continuity management
Contribution standards
Defined benefit matters
Disclosure
Fit and proper
Governance, remuneration or conflict management
Insurance in superannuation
Investment governance or valuation
Management of reserves
MySuper/ERF requirements
ORFR requirements
Outsourcing
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FORM BRSE
01/14
Payment standards
Risk management
Sole purpose test
Trustee covenants
Unit pricing
Other
Rectification action already undertaken and/or proposed action
(use an attachment to this form if necessary)
Whether ASIC has been separately notified of breach
Yes
No
Contact Person in relation to breach
First name
Last name
Phone number
Return address for APRA
acknowledgment of notification
(email, fax or postal address)
Position held with RSE licensee
Date
D
D
M
M
Y
Y
Y
Y
/
/
End of form.
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FORM BRSE
01/14
Email Email form directly to your APRA Responsible Supervisor’s email address
Fax to 02 9210 3411
Post to GPO Box 9836, in your Capital City
APRA will acknowledge receipt of this breach notification.
(Refer to Notes on completing this form overleaf)
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FORM BRSE
01/14
Your obligations
Reporting breaches to ASIC
If an APRA-regulated institution becomes
Breaches under APRA administered
aware it has breached (or will breach)
legislation may also breach ASIC-
a prudential requirement, it may have
administered legislation. You should
obligations to report the breach to APRA.
determine if you are also required to report
The relevant legislative requirements for
the breach to ASIC.
reporting breaches are found in the Prudential If you use the Online Breach Notification
Acts.
System to report your breach, you can elect
• s. 62A of the
Banking Act 1959
for APRA to pass it on to ASIC, fulfilling your
reporting obligations. If you notify APRA of your
• s. 38AA of the
Insurance Act 1973
breach using this form, you must report your
• s. 132A of the
Life Insurance Act 1995
breach separately and directly to ASIC.
• s. 29JA of the
Superannuation Industry
You cannot use the Online System or forms
(Supervision) Act 1993
to report a breach that relates solely to ASIC-
administered legislation. You should refer
When must you notify APRA?
to ASIC to ascertain how to report these
breaches.
Some breaches or matters must be reported
immediately to APRA in writing.
Enquiries
Other significant breaches or matters must
Telephone 1300 55 88 49
be reported to APRA in writing within 10
Email xxxx@xxxx.xxx.xx
business days of becoming aware that a
breach has occurred or will occur.
Mail
GPO Box 9836
Refer to the relevant legislation to determine
in all capital cities
whether a breach or matter needs to be
(except Hobart and Darwin)
reported and for the required timeframe.
Failure to notify APRA of a breach
Disclaimer
The purpose of these instructions is to
Failure to notify APRA of a breach within the
provide general assistance in the use of the
required time frame is an offence under each
APRA online breach reporting system. These
relevant Act.
instructions do not contain any legal advice
and APRA disclaims any and all liability
Format of Breach Notification
or responsibility for any loss or damages
Breach notification must be in writing.
arising out of any use of, or reliance on,
these instructions or the APRA online breach
For ease of reporting, APRA has made
reporting system. Users of the APRA online
available an Online Breach Notification
breach reporting system are encouraged to
System. Alternatively you may use this form
obtain professional advice on their breach
and send to APRA. APRA prefers institutions
reporting obligations under the relevant
to use the Online System.
legislation and to exercise their own skill and
care in relation to any material contained in
these instructions or in the APRA.
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