Pooled Development Funds Act 1992

PART 1 - PRELIMINARY  

SECTION 4A   DEFINITION OF WIDELY-HELD COMPLYING SUPERANNUATION FUND  

4A(1)   [Term defined]  

For the purposes of this Act, a fund is a widely-held complying superannuation fund if:

(a) it has 5 or more members; and

(b) it satisfies the test in either subsection (2) or (3).

4A(2)   Resident funds.  

A fund satisfies the test in this subsection at a particular time during a year of income of the fund (within the meaning of the Income Tax Assessment Act 1936 ) if it is a complying superannuation fund for the purposes of the Income Tax Assessment Act 1997 in relation to the year of income.

4A(3)   Non-resident funds.  

A fund satisfies the test in this subsection if:

(a) it is a superannuation fund (within the meaning of the Superannuation Industry (Supervision) Act 1993 ); and

(b) it is a foreign superannuation fund (within the meaning of the Income Tax Assessment Act 1997 ); and

(c) it is established for the sole or principal purpose of providing retirement benefits for its members; and

(d) it complies with the applicable laws of a foreign country that regulate funds established for that purpose.