(1) This regulation applies if the trustee of a regulated superannuation fund proposes to make a determination as to whether a sub-plan should be made.
(2) In making a determination, the trustee must have regard to all relevant matters, including each of the following:
(a) whether there is a common factor in a segment of the fund (for example, whether a group of members of the fund have the same employer);
(b) whether the governing rules of the fund provide for a particular segment to be a sub-plan.
(3) For subsection 1017C(9) of the Act, the sub-plan is a relevant sub-plan.
(4) For paragraph 761E(7)(a) of the Act, if:
(a) a person is a member of a superannuation fund in relation to a sub-plan; and
(i) the person's membership changes to membership in relation to another sub-plan; or
(ii) the person holds interests in 2 or more sub-plans at the same time;
the change to membership in relation to the other sub-plan is taken to be the issue of a new interest in the superannuation fund.
(5) For paragraph 1020G(1)(c) of the Act, Part 7.9 of the Act is modified in its application in relation to the fund (including a sub-plan) as set out in Part 1 of Schedule 10A.