Superannuation Industry (Supervision) Act 1993
View history note
Hide history note(a) at any time (the post - test time ) after the test time, an asset of a superannuation fund consists of an asset subject to a lease, or a lease arrangement, between a trustee of the fund and a related party of the fund; and
(b) the asset was subject to a lease or lease arrangement, or any uninterrupted sequence of leases and lease arrangements, between a trustee of the fund and a related party, throughout the period beginning immediately before the test time and ending at the post-test time; and
(c) apart from this section, the asset would be an in-house asset of the fund at the post-test time;
the asset is not an in-house asset of the fund at the post-test time.
For the purposes of subsection (1), if:
(a) before the test time, a lease or a lease arrangement enforceable by legal proceedings, in respect of an asset, was entered into between a trustee of a superannuation fund and a related party of the fund; and
(b) the lease or lease arrangement came into force after the test time;
the asset is taken to have been subject to a lease or a lease arrangement, between a trustee of the fund and that related party, immediately before the test time.
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