I think Catlover the problem here is not what you are doing but I get the feeling you don't fully understand how the superannuation fund works, and as a result your description of the way its set up makes it sound like you are not complying with the law.
I would assume if your accountant has okayed it then it should be okay as no auditor in their right mind would sign off on a fund that has problems given the ATO is cracking down on auditors (although I have to admit there are accountants out there who aren't in their right minds).