Unit of competency Outline

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23/07/2026 5:02 AM AWST

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Apply legislative and operational requirements to advising in self-managed superannuation funds

Apply legislative and operational requirements to advising in self-managed superannuation funds

Unit of competency
National Code
FNSSMS603A
State Code
D4334
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
24/11/2010
State Implementation and Classification
Approved Date
31/07/2014
Field of Education
081105 - Investment And Securities
Original Release Date
31/07/2014
Nominal Hours
120
Description
This unit covers the skills and knowledge required to apply legislative and operational requirements while providing advice to clients/trustees in self-managed superannuation funds. It encompasses applying legislative and operational requirements while providing advice to clients/trustees of self-managed superannuation funds.This unit is applicable to individuals working within enterprises and job roles subject to licensing, legislative, regulatory or certification requirements including legislation administered by the Australian Securities and Investments Commission (ASIC).
Notes
Elements and Performance Criteria
1. Establish knowledge of client/trustee regarding self-managed superannuation funds
  • 1.1. Key features, structures and operations of a self-managed superannuation fund are explained to the client/trustee
  • 1.2. Client/trustee is informed of the importance of receiving complete advice on taxation requirements and implications for the fund and adviser explains the scope and authority of taxation information they are able to provide
  • 1.3. Sources of taxation information appropriate to self-managed superannuation funds and appropriate providers/referrals for this specialist advice are identified
  • 1.4. Client/trustee is informed of the roles played by the adviser, intermediaries and issuers
  • 1.5. Client/trustee is informed of the process to appoint trustees and trustee duties and responsibilities and liabilities are explained
  • 1.6. Client/trustee is informed of the key issues that are considered when evaluating self-managed superannuation fund applications
  • 1.7. Key features, characteristics and risks of different types of self-managed superannuation fund income streams are explained to client/trustee
  • 1.8. Client/trustee is informed of the associated risks with establishing a self-managed superannuation fund
  • 1.9. Client/trustee is informed of the steps required to establish a self-managed superannuation fund
  • 1.10. The processes of winding up a self-managed superannuation fund benefits is explained to the client/trustee
2. Identify and explain relevant fund legislative requirements to the client/trustee
  • 2.1. Sources of legislative information appropriate to self-managed superannuation funds are identified
  • 2.2. Legislative requirements that apply to client/trustee and self-managed superannuation fund structures are explained to the client/trustee
  • 2.3. The client/trustee is informed of the role of the principal regulator in managing self-managed superannuation funds
  • 2.4. The client/trustee is informed of the role of related regulators in managing, operating and supporting self-managed superannuation funds
  • 2.5. The client/trustee is informed of the ongoing legislative requirements to maintain a compliant self-managed superannuation fund
  • 2.6. The client/trustee is informed of the consequences of a self-managed superannuation fund becoming non-compliant
3. Identify and explain relevant fund operational requirements to the client/trustee
  • 3.1. Sources of operational information appropriate to self-managed superannuation funds are identified
  • 3.2. Operational requirements that apply to the client/trustee of a self-managed superannuation fund structure are explained to the client/trustee
  • 3.3. The client/trustee is informed regarding the operation of trust deeds and ongoing deed amendment and requirements
  • 3.4. The client/trustee is informed of purposes of establishing life insurance through a self-managed superannuation fund
  • 3.5. The client/trustee is informed of the requirements of establishing an investment strategy considering investment restrictions for a self-managed superannuation fund
  • 3.6. The client/trustee is informed of the application of Superannuation Industry (Supervision) (SIS) preservation rules
4. Identify and explain implications for contributions to the client/trustee
  • 4.1. The client/trustee is informed of the types of allowable contributions that the self-managed superannuation fund can claim, within the scope of its authority
  • 4.2. Regulations regarding a person's eligibility to contribute to a self-managed superannuation fund are explained to the client/trustee
  • 4.3. The treatment of business real property is explained to the client/trustee
  • 4.4. self-managed superannuation fund contribution rules, including in specie requirements are explained to the client/trustee
  • 4.5. Allocation of contributions to individual member accounts is explained to the client/trustee
  • 4.6. The client/trustee is advised to seek advice for higher level/specialist and/or comprehensive advice if required
5. Identify and explain implications for fund income/assets to the client trustee
  • 5.1. Scope of information on fund income and assets able to be provided are explained to the client/trustee
  • 5.2. The importance of receiving complete advice on implications for fund income and assets and appropriate providers/referrals for this specialist advice are identified
  • 5.3. Fund deductions available to self-managed superannuation funds are identified
  • 5.4. Fund credits available to self-managed superannuation funds are identified
  • 5.5. Impact of deductions on funds is explained to the client/trustee
  • 5.6. Life insurance deductions are identified and explained to the client/trustee
  • 5.7. In specie deductions are identified and explained to the client/trustee
  • 5.8. Operation of fund reserves is explained to the client/trustee
  • 5.9. Sole purpose test (appropriate/inappropriate self-managed superannuation fund investments) are explained to the client/trustee
  • 5.10. Special self-managed superannuation fund investment strategies, including borrowing/lending restrictions, are explained to the client/trustee
  • 5.11. The client/trustee is informed of the reporting issues regarding the treatment of franking credits (accumulation and pension)
  • 5.12. The client/trustee is informed of implications and benefits relating to investment earnings (accumulation and pensions)
6. Identify and explain implications for benefits to the client/trustee
  • 6.1. The requirements for accessing assets in self-managed superannuation funds for the payments of benefits are explained to the client/trustee
  • 6.2. Key features, characteristics and risks of different types of self-managed superannuation fund income streams are explained to the client/trustee
  • 6.3. The process of setting up an income stream (i.e. pensions) from a self-managed superannuation fund is explained to the client/trustee
  • 6.4. Calculation and operation of member accounts in both accumulation and pension phases are explained to the client/trustee
  • 6.5. Treatments of lump sum Eligible Termination Payment (ETP) payments considerations are explained to the client/trustee
  • 6.6. The client/trustee is advised of the superannuation surcharge considerations
  • 6.7. The client/trustee is informed of the treatment of death benefits (lump sum and pension issues)
  • 6.8. The client/trustee is informed of the different Reasonable Benefit Limit (RBL) treatments and reporting issues pertaining to self-managed superannuation funds
  • 6.9. The client/trustee is advised to seek advice for higher level/specialist advice if required
RANGE STATEMENT
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Trustee duties and responsibilities may include:
corporate duties as a director of a superannuation fund
managing assets of the trust
SIS compliance
SIS covenant duties and responsibilities
trust law duties and responsibilities
trustee liabilities.
Key issues in evaluating self-managed Superannuation applications, include:
adequacy of initial funds to set up self-managed superannuation fund
business acumen skills
estate planning
retirement planning
role of the adviser
taxation implications
trusteeship legal requirements.
Associated risks may include:
becoming non-compliant
investment risk
legislative risk.
Sources of information may include:
Australian Securities and Investments Commission (ASIC)
Australian Taxation Office (ATO)
courts
dealers
existing or proposed trust deeds
fund managers
industry bodies
legislation
licensees
professional associations
regulation
relevant Commonwealth, State and Territory government organisations
self-managed superannuation fund specialists.
Legislation may include, as amended:
anti-discrimination legislation
Corporations Act
Family Law Legislation Amendment Superannuation Act
Financial Services Reform Act (FSRA)
Income Tax Assessment Act
industrial legislation
Insurance Act
Privacy Act
Retirement Savings Account Act
stamp duty legislation
Superannuation (Resolution of Complaints) Act
Superannuation (Unclaimed Moneys and Lost Members) Act
Superannuation Contributions Tax (Assessment and Collection) Act (surcharge)
Superannuation Guarantee (Administration) Act (SGAA)
Superannuation Industry (Supervision) Act (SIS)
Superannuation Industry (Supervision) Regulations
Trade Practices legislation
Trustee Acts or Trust Acts in each State and Territory
other relevant State, Territory and Commonwealth legislation.
Regulator/s may include:
ASIC
ATO
Australian Prudential Regulatory Authority (APRA).
Consequences of becoming non-compliant may include:
criminal prosecution
loss of concessional taxation benefits
reduction of fund assets
SIS penalties.
Operational of trust deed may include:
categorisation of contributions
guidelines on empowering trustees to appoint services providers
guidelines on empowering trustees to invest in assets
guidelines on empowering trustees to make other payments
guidelines on how benefits are paid
guidelines on who can be members
rules regarding the appointment of trustees
rules to operate the trust.
Investment restrictions may include:
acquiring assets from 'related parties' of the fund
borrowing by superannuation funds
in-house assets
lending to members and their relatives
making and maintaining investment on an 'arms length' basis.
Allowable contributions may include:
age limitations on contributions
business real property
Capital Gains Tax (CGT) exempt contributions
child contributions
in specie contributions
mandated employer contributions
member contributions
member voluntary contributions
spouse contributions.
Deduction may include:
accountants' fees
auditors' fees
financial planning fees
insurance
investment manager fees
legal fees.
Credit may include:
foreign taxation credits
franking credits.
Income streams may include:
allocated pensions/allocated annuities
annuities
life expected/life time
non-complying income streams
pensions.
EVIDENCE GUIDE
The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the ability to:
interpret and apply SIS preservation rules, ATO guidelines and legislation
determine client understating regarding self-managed superannuation funds
identify and explain relevant fund operational requirements and implication for contributions
identify and explain implications for fund income/assets and implications for benefits.

Context of and specific resources for assessment
Assessment must ensure:
competency is demonstrated in the context of the work environment and conditions specified in the range statement either in a relevant workplace or a closely simulated work environment
access to and the use of a range of common office equipment, technology, software and consumables
access to organisation financial records
access to organisational policies and procedures.

Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples, in combination, are appropriate for this unit:
evaluating an integrated activity, which combines the elements of competency for the unit, or a cluster of related units of competency
observing processes and procedures in workplaces
verbal or written questioning on underpinning knowledge and skills
evaluating samples of work
accessing and validating third party reports
setting and reviewing workplace business simulations or scenarios.

Guidance information for assessment
State Code National Code Title Type
J604 FNS60513 Advanced Diploma of Superannuation Qualification