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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 68C

Voting by a director of a corporate trustee--governing rules

  (1)   This section applies to a regulated superannuation fund, other than a self managed superannuation fund, of which the trustee is a body corporate.

  (2)   A provision in the governing rules of the fund is void to the extent that it purports to preclude a director of the trustee from voting on a matter relating to the fund.

Exception

  (3)   Subsection   (2) does not apply to a provision in the governing rules of the fund to the extent that the provision:

  (a)   precludes a director of the trustee of the fund from voting on a matter in which the director has a material personal interest; or

  (b)   otherwise relates to voting by a director of the trustee of the fund on a matter in which the director has a material personal interest; or

  (c)   precludes a director of the trustee of the fund from voting where there is a conflict of a kind described in paragraph   52(2)(d) or 52A(2)(d); or

  (d)   otherwise relates to voting by a director of the trustee of the fund where there is a conflict of a kind described in paragraph   52(2)(d) or 52A(2)(d); or

  (e)   precludes a director of the trustee of the fund from exercising a casting vote; or

  (f)   ensures compliance by the trustee of the fund, or a director of the trustee of the fund, with a prudential standard that deals with conflicts of interest or duty.


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