Treasury Laws Amendment (Delivering an Efficient and Trusted Tax System) Act 2026 (58 of 2026)

Schedule 3   Minor and technical amendments

Part 2   SMSF Public Trustee director appointments

Superannuation Industry (Supervision) Act 1993

4   After subsection 17A(3)

Insert:

(3A) The circumstances described in this subsection are all of the following:

(a) either:

(i) a member of the fund is under a legal disability and the Public Trustee of a State or Territory is appointed under a law of a State or Territory to manage, to any extent, the member's estate, property, or financial affairs; or

(ii) the Public Trustee of a State or Territory holds an enduring power of attorney in respect of a member of the fund;

(b) an individual is, in place of the member, a trustee of the fund or a director of the body corporate that is the trustee of the fund;

(c) the individual is approved, in writing, by the Public Trustee to be the trustee or director (as the case may be);

(d) the individual is appropriately qualified, and holds all necessary licences, to perform their duties or services as the trustee or director (as the case may be).