SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993

PART 24B - PROVISIONS RELATING TO THE ADMINISTRATION BY APRA AND THE COMMISSIONER OF TAXATION OF SUPERANNUATION FUNDS WITH FEWER THAN 5 MEMBERS  

Division 3 - Transitional and savings provisions relating to the regulation of self managed superannuation funds by the Commissioner of Taxation  

SECTION 252E   INSTRUMENTS MADE OR ISSUED BY APRA OR BY THE COMMISSIONER OF TAXATION  

252E(1)   Instruments made by APRA.  

An instrument that:


(a) relates to a superannuation fund; and


(b) was in force immediately before a particular time (the switching time ); and


(c) was made or issued (whether before, on or after the commencement day) by APRA under a provision of this Act that:


(i) immediately before the switching time, was administered by APRA in relation to the fund; and

(ii) as at the switching time, is administered by the Commissioner of Taxation in relation to the fund;

has effect, at and after the switching time (subject to any later application of this section), as if it had been made or issued by the Commissioner of Taxation.

252E(2)   Instruments made by Commissioner of Taxation.  

An instrument that:


(a) relates to a superannuation fund; and


(b) was in force immediately before a particular time (the switching time ); and


(c) was made or issued by the Commissioner of Taxation under a provision of this Act that:


(i) immediately before the switching time, was administered by the Commissioner of Taxation in relation to the fund; and

(ii) as at the switching time, is administered by APRA in relation to the fund;

has effect, at and after the switching time (subject to any later application of this section), as if it had been made or issued by APRA.

252E(3)   Instruments for a limited period.  

If an instrument referred to in this section was, when made, to have effect only for a limited period, it has effect only for so much of the period as has not already expired before the switching time.

252E(4)   Instruments not in operation.  

A reference in this item to an instrument in force includes a reference to an instrument that has been made but is not yet in operation.




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