Treasury Laws Amendment (Delivering an Efficient and Trusted Tax System) Act 2026 (58 of 2026)
Schedule 3 Minor and technical amendments
Part 2 SMSF Public Trustee director appointments
Superannuation Industry (Supervision) Act 1993
4 After subsection 17A(3)
Insert:
(3A) The circumstances described in this subsection are all of the following:
(a) either:
(i) a member of the fund is under a legal disability and the Public Trustee of a State or Territory is appointed under a law of a State or Territory to manage, to any extent, the member's estate, property, or financial affairs; or
(ii) the Public Trustee of a State or Territory holds an enduring power of attorney in respect of a member of the fund;
(b) an individual is, in place of the member, a trustee of the fund or a director of the body corporate that is the trustee of the fund;
(c) the individual is approved, in writing, by the Public Trustee to be the trustee or director (as the case may be);
(d) the individual is appropriately qualified, and holds all necessary licences, to perform their duties or services as the trustee or director (as the case may be).
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
