Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection ( 4), a benefit certificate that has effect in relation to a superannuation scheme (being a scheme to which an employer has contributed for the benefit of an employee) for the whole or a part of a quarter is, for the purposes of section 2 2, conclusively presumed, in relation to the employer, to be a certificate that has effect in relation to a complying superannuation scheme for the whole, or that part, as the case may be, of the quarter if:
(a) within 30 days of the starting day in relation to that certificate, the employer obtains a written statement, provided by or on behalf of the trustee of the scheme, that the scheme:
(i) is a resident regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 ; and
(ii) is not subject to a direction under section 63 of the Superannuation Industry (Supervision) Act 1993 ; and
(iii) has not been subject to such a direction at any time since the beginning of the day on which the benefit certificate is expressed to take effect; or
(b) in an earlier quarter , the employer has obtained a statement of the kind referred to in paragraph ( a).
(2) Subject to subsection ( 4), a benefit certificate that has effect in relation to a superannuation scheme (being a scheme to which an employer has contributed for the benefit of an employee) for the whole or a part of a quarter is, if the employer obtains a statement of the kind referred to in paragraph ( 1)(a):
(a) within the quarter ; but
(b) later than 30 days after the starting day in relation to that certificate;
for the purposes of section 2 2, conclusively presumed, in relation to the employer, to be a certificate that has effect in relation to a complying superannuation scheme for the period commencing on the day on which the employer obtains the statement and ending on the last day of the quarter .
(4) A presumption relating to a benefit certificate under subsection ( 1) or (2) is not, in relation to an employer and a superannuation scheme, effective in respect of any period for which the scheme is not a resident regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 or is operating in contravention of a regulatory provision, as defined in section 38A of that Act if, in that period:
(a) the employer:
(i) is the trustee or manager of the scheme; or
(ii) has an association, within the meaning of section 318 of the Income Tax Assessment Act 1936 , with the trustee or the manager of the scheme; and
(b) the employer has reasonable grounds for believing that the scheme is not a resident regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 or is operating in contravention of a regulatory provision, as defined in section 38A of that Act.
(4A) Section 39 of the Superannuation Industry (Supervision) Act 1993 applies for the purposes of subsection ( 4) of this section in a corresponding way to the way in which it applies for the purposes of Division 2 of Part 5 of that Act.
(5) In this section:
"starting day" means:
(a) in relation to a benefit certificate that has effect in relation to a superannuation scheme for the whole of a quarter--the first day of the quarter; or
(b) in relation to a benefit certificate that has effect in relation to a superannuation scheme for a part of a quarter--the first day in the quarter for which the benefit certificate has effect.