Australia's Worst White-Collar Crime and Cover-Up

Phillip Sweeney made this Freedom of Information request to Australian Prudential Regulation Authority

Response to this request is long overdue. By law, under all circumstances, Australian Prudential Regulation Authority should have responded by now (details). You can complain by requesting an internal review.

From: Phillip Sweeney

Delivered

Dear Australian Prudential Regulation Authority,

I am lodging a request for documents pursuant the Freedom of Information Act 1982.

Background

A “successor fund transfer” has been announced with the target completion dated of 1 October 2014 where:

Transferor Trustee is Australian Christian Superannuation (ABN 98 066 027 334) L0002653
Transferor Fund is Australian Christian Superannuation Fund ( ABN 18 563 399 585)
Transferee Trustee is Christian Super Pty Ltd (ABN 68 065 040 619) L0000918
Transferee Fund is Christian Super (ABN66 628 776 348)
The incumbent Chairman of Christian Super Pty Ltd is Mark Spencer

It is a mandatory requirement for the Trustees involved in a “successor fund transfer” to submit an “approved form” pursuant to subsection 145(2) of the Superannuation Industry (Supervision) Act 1993 {SIS Act} before APRA can approve the proposed “successor fund transfer” pursuant to Section 146 of the SIS Act

If APRA were to approve a proposed “successor fund transfer” without the lodgement of an “approved form” then APRA would be acting “ultra vires” the SIS Act and the purported “successor fund transfer” would be void.

If there was no lodgement of the mandated “approved form” this would also be a governance issue for the Chairman and Board of Christian Super Pty Ltd.

The document I seek is the first two pages of the “approved form” which would identify the Transferor Trustee and the Transferee Trustee (and their ABNs) and the Transferor Fund and the Transferee Fund (and their ABNs).

It is common sense that this would be the first information provided to APRA in the event of a proposed successor fund transfer.

This information related to the Trustees and the funds is in the Public Domain and is not commercially sensitive information.

Yours faithfully,

Phillip Sweeney

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