Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.9 - FINANCIAL PRODUCT DISCLOSURE AND OTHER PROVISIONS RELATING TO ISSUE AND SALE OF FINANCIAL PRODUCTS  

Division 1 - Preliminary  

REGULATION 7.9.02   SUB-PLANS  

7.9.02(1)   [ Application]  

This regulation applies if the trustee of a regulated superannuation fund proposes to make a determination as to whether a sub-plan should be made.

7.9.02(2)   [ Matters to be considered]  

In making a determination, the trustee must have regard to all relevant matters, including each of the following:

(a) whether there is a common factor in a segment of the fund (for example, whether a group of members of the fund have the same employer);

(b) whether the governing rules of the fund provide for a particular segment to be a sub-plan.

7.9.02(3)   [ Relevant sub-plan]  

For subsection 1017C(9) of the Act, the sub-plan is a relevant sub-plan.

7.9.02(4)   [ Issue of new interest where change of membership]  

For paragraph 761E(7) (a) of the Act, if:

(a) a person is a member of a superannuation fund in relation to a sub-plan; and

(b) either:

(i) the person's membership changes to membership in relation to another sub-plan; or

(ii) the person holds interests in 2 or more sub-plans at the same time;

the change to membership in relation to the other sub-plan is taken to be the issue of a new interest in the superannuation fund.

7.9.02(5)   [ Modification]  

For paragraph 1020G(1) (c) of the Act, Part 7.9 of the Act is modified in its application in relation to the fund (including a sub-plan) as set out in Part 1 of Schedule 10A .