SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993

PART 1 - PRELIMINARY  

Division 2 - Interpretation  

SECTION 19   REGULATED SUPERANNUATION FUND  

19(1)   Definition.  

A regulated superannuation fund is a superannuation fund in respect of which subsections (2) to (4) have been complied with.

19(2)   Fund must have a trustee.  

The superannuation fund must have a trustee.

19(3)   Trustee must be a constitutional corporation or fund must be a pension fund.  

Either of the following must apply:


(a) the trustee of the fund must be a constitutional corporation pursuant to a requirement contained in the governing rules;


(b) the governing rules must provide that the sole or primary purpose of the fund is the provision of old-age pensions.

19(4)   Election by trustee.  

The trustee or trustees must have given to APRA, or such other body or person as is specified in the regulations, a written notice that is:


(a) in the approved form; and


(b) signed by the trustee or each trustee;

electing that this Act is to apply in relation to the fund.

Note:

The approved form of written notice may require the trustee or the trustees to set out the tax file number of the fund. See subsection 299U(1) .

19(4A)   Regulations.  

Without limiting subsection (4), regulations for the purposes of that subsection may specify that notices are to be given to different persons or bodies in respect of different classes of superannuation funds.

19(5)   Election is irrevocable.  

An election made as mentioned in subsection (4) is irrevocable.

19(6)   Trustee has power to make election despite anything in the governing rules etc.  

The trustee or trustees have the power to make an election as mentioned in subsection (4) despite anything in the governing rules of the fund.

19(7)  
(Repealed by No 49 of 2019)

19(8)   Contravention of subsection (7) is not an offence.  

(Repealed by No 49 of 2019)

19(9)   References to repealed provisions of OSSA.  

A reference in this section to a provision of the Occupational Superannuation Standards Act 1987 includes a reference to the provision as it continues to apply, despite its repeal, because of the Occupational Superannuation Standards Amendment Act 1993 .




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