OCCUPATIONAL SUPERANNUATION STANDARDS REGULATIONS 1987 (REPEALED)

PART II - SUPERANNUATION FUNDS  

Division 2 - Information on fund management  

Subdivision F - Information disclosed to employer-contributors or the Commissioner  

REGULATION 18Q   INFORMATION TO BE GIVEN TO AN EMPLOYER-CONTRIBUTOR AND TO THE COMMISSIONER  

18Q(1)   [ Duty of trustees: governing rules ]  

The trustees of a superannuation fund must give, on request, a copy of the current governing rules of the fund to an employer who makes superannuation guarantee contributions to the fund.

18Q(2)   [ " current governing rules " ]  

In subregulation (1), current governing rules , in relation to a superannuation fund, means the governing rules of the fund as in force on 1 July 1992 or on the day on which the employer first makes superannuation guarantee contributions to the fund, whichever day is the later, and any subsequent amendments to those rules in force on the day of the request.

18Q(3)   [ Duty of trustees: statement ]  

The trustees of a superannuation fund in respect of which the Commissioner is satisfied that the fund:

(a) satisfies the superannuation fund conditions; or

(b) should be treated as if it satisfied the superannuation fund conditions;

must give, or cause to be given, a statement to that effect, signed by or on behalf of the trustees, to an employer who:

(c) makes, or is about to make, superannuation guarantee contributions to the fund; and

(d) has not been given a statement to that effect by the trustees before the commencement of this regulation.

18Q(3A)   [ When statement must be given ]  

A statement under subregulation (3) must be given to the employer:

(a) if the employer made one or more superannuation guarantee contributions before the commencement of this regulation - before or as soon as practicable after the employer makes the first contribution after the commencement of this regulation; or

(b) in any other case - before or as soon as practicable after the employer makes the first contribution.

18Q(4)   [ Notice of non-compliance to employer ]  

Subject to regulation 18QA , if the trustees of a superannuation fund become aware of the fact that the fund has ceased to satisfy the superannuation fund conditions, the trustees must give notice in writing of the fact to an employer who contributes to the fund.

18Q(5)   [ Notice of non-compliance to Commissioner ]  

If the trustees of a superannuation fund become aware, other than by notice from the Commissioner, of the fact that the fund has ceased to satisfy the superannuation fund conditions, the trustees must give notice in writing of the fact to the Commissioner.

18Q(6)   [ Time for notice ]  

A notice under subregulation (4) or (5) must be given as soon as practicable.

18Q(7)   [ " superannuation guarantee contributions " ]  

In this regulation, superannuation guarantee contributions , in relation to a superannuation fund, means contributions to the fund that result in a reduction of the superannuation guarantee charge under the Guarantee Act in respect of one or more members of the fund.