PART 2
-
EXPLANATION OF TERMS USED IN THE ACT
SECTION 6B
INTERPRETATION: CONVERSION NOTICE
6B(1)
A
conversion notice
is a written notice by the trustee of a superannuation fund given to the Commissioner stating that the fund, or a particular superannuation scheme embodied in the governing rules of the fund, is to be treated as a defined benefit superannuation scheme for the purposes of this Act.
History
S 6B(1) amended by No 57 of 2025, s 3 and Sch 1 item 31, by substituting
"
conversion notice
"
for
"
conversion notice
"
, effective 1 July 2026. For application and transitional provisions, see note under s
16
.
S 6B(1) substituted by No 51 of 2002, s 3 and Sch 1 item 17, effective 1 July 2003. For application and transitional provisions, see note under s 5(3). S 6B(1) formerly read:
6B(1)
A conversion notice is a written notice by the trustee of a superannuation fund given to the Commissioner of Insurance and Superannuation stating that the fund is to be treated as a defined benefit superannuation scheme for the purposes of this Act.
6B(2)
Subject to subsection
(4)
, a conversion notice takes effect in relation to the fund or scheme on the day specified in the notice. Subject to subsection
(4)
, the trustee may, by written notice (
revocation notice
) given to the Commissioner, revoke the conversion notice.
History
S 6B(2) amended by No 51 of 2002, s 3 and Sch 1 items 18 and 19, by inserting
"
or scheme
"
after
"
fund
"
and omitting
"
of Insurance and Superannuation
"
after
"
given to the Commissioner
"
, effective 1 July 2003. For application and transitional provisions, see note under s 5(3).
6B(3)
A conversion notice may be expressed to take effect on a day that is not earlier than:
(a)
if the notice is given before 15 May in a quarter starting on 1 April
-
1 January in the previous quarter; or
(b)
if the notice is given before 15 August in a quarter starting on 1 July
-
1 April in the previous quarter; or
(c)
if the notice is given before 15 November in a quarter starting on 1 October
-
1 July in the previous quarter; or
(d)
if the notice is given before 15 February in a quarter starting on 1 January
-
1 October in the previous quarter; or
(e)
in any other case
-
the first day of the quarter in which the notice is given.
History
S 6B(3) substituted by No 51 of 2002, s 3 and Sch 1 item 20, effective 1 July 2003. For application and transitional provisions, see note under s 5(3). S 6B(3) formerly read:
6B(3)
A conversion notice may be expressed to take effect on a day (whether before or after the commencement of section 1 of the
Taxation Laws Amendment (Superannuation) Act 1993
) that is not earlier than:
(a)
the first day of the year in which the notice is given; or
(b)
if the notice is given before 15 August in that year
-
the first day of the preceding year.
6B(4)
A conversion notice or a revocation notice will not be effective unless, before it is given, the trustee gives written notice of:
(a)
the trustee
'
s intention to give the notice; and
(b)
the proposed date of effect of the notice;
to each employer contributing to the fund or scheme for the benefit of employees as defined benefit members of the fund or scheme.
History
S 6B(4) substituted by No 57 of 2025, s 3 and Sch 1 item 32, effective 1 July 2026. For application and transitional provisions, see note under s
16
. S 6B(4) formerly read:
6B(4)
A conversion notice or a revocation notice will not be effective unless, before it is given, the trustee gives each employer contributing to the fund or scheme for the benefit of employees written notice of:
(a)
the trustee
'
s intention to give the notice; and
(b)
the proposed date of effect of the notice.
S 6B(4) amended by No 51 of 2002, s 3 and Sch 1 item 21, by substituting
"
each employer contributing to the fund or scheme
"
for
"
all employers contributing to the fund
"
, effective 1 July 2003. For application and transitional provisions, see note under s 5(3).
6B(5)
If, while the conversion notice is in effect, an employer begins contributing to the fund or scheme for the benefit of employees as defined benefit members of the fund or scheme, the trustee must give the employer written notice of:
(a)
the giving of the conversion notice; and
(b)
the date of effect of the notice;
within 7 business days of the receipt by the trustee of the employer
'
s first contribution.
History
S 6B(5) substituted by No 57 of 2025, s 3 and Sch 1 item 32, effective 1 July 2026. For application and transitional provisions, see note under s
16
. S 6B(5) formerly read:
6B(5)
If an employer begins contributing to a superannuation fund or a superannuation scheme for the benefit of employees at a time when a conversion notice has effect in relation to the fund or scheme, the trustee must give the employer written notice of:
(a)
the giving of the conversion notice; and
(b)
the date of effect of the notice;
within 30 days of the receipt by the trustee of the employer
'
s first contribution.
S 6B(5) amended by No 51 of 2002, s 3 and Sch 1 items 22 and 23, by inserting
"
or a superannuation scheme
"
after
"
superannuation fund
"
and inserting
"
or scheme
"
after
"
the fund
"
, effective 1 July 2003. For application and transitional provisions, see note under s 5(3).
6B(6)
(Repealed by No 57 of 2025)
History
S 6B(6) repealed by No 57 of 2025, s 3 and Sch 1 item 32, effective 1 July 2026. For application and transitional provisions, see note under s
16
. S 6B(6) formerly read:
6B(6)
A notice under this section may be given by post.
History
S 6B inserted by No 7 of 1993.