Chartered Accountants Australia & New Zealand, CPA Australia, the Institute of Public Accountants and the Self Managed Superannuation Fund Association provide the following feedback about the draft Decision Impact Statement (DIS) published by the ATO on 4 September 2024.

We suggest that the finalisation of the draft DIS should be delayed until the outcome of the Full Federal Court is known.

We consider the AAT’s findings in relation to Regulation 4.09 of the Superannuation Industry (Supervision) Regulations 1994 to be important and the DIS would benefit from discussing these findings, and their practical implication, in much greater detail than contained in the draft DIS.

We consider the AAT’s findings in relation to Sections 62 and 65 of the Superannuation Industry (Supervision) Act 1993 – SIS Act – to be important and the DIS would be improved if it discussed these findings in greater detail