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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 134

APRA to appoint acting trustee in cases of suspension or removal

Suspension

  (1)   If the Regulator suspends all of the trustees of a superannuation entity, the Regulator must appoint a constitutional corporation or an individual to act as the trustee during the period of the suspension. The appointee is called the acting trustee .

Removal

  (2)   If the Regulator removes all of the trustees of a superannuation entity, the Regulator must appoint a constitutional corporation or an individual to act as the trustee until the vacancy in the position of trustee is filled. The appointee is called the acting trustee .

Pension funds

  (3)   The Regulator must not appoint an individual as the acting trustee of a superannuation entity unless the governing rules of the entity provide that the sole or primary purpose of the entity is the provision of old - age pensions.

Groups

  (4)   If:

  (a)   there is a group of individual trustees of a superannuation entity; and

  (b)   the Regulator suspends or removes all of the trustees; and

  (c)   the Regulator is satisfied that any one or more of the persons who were suspended or removed is a fit and proper person to be appointed as the acting trustee;

this Act does not prevent the Regulator from so appointing that person.

  (5)   In deciding whether it is satisfied as mentioned in paragraph   (4)(c) in relation to a person who is or has been a trustee of a registrable superannuation entity, the Regulator may also take into account any criteria for fitness and propriety that are relevant to the trustee set out in the prudential standards.


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