Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.9.42

Specific requirements in particular cases

             (1)  For subsection 1017DA(1) of the Act, and subject to subregulations (2) and (3), fund information must include the following, so far as they are applicable:

                     (a)  in respect of the pooled superannuation trust--the names of investment managers appointed by the trustee;

                     (b)  the name of each approved trustee of the pooled superannuation trust during the relevant reporting period;

                     (c)  either:

                              (i)  the audited accounts of the pooled superannuation trust and the auditor's report; or

                             (ii)  each of the following:

                                        (A)  abridged financial information relating to the pooled superannuation trust;

                                        (B)  information as to when the audited accounts of the pooled superannuation trust and the auditor's report will be sent to unit-holders or will be available to unit-holders on request, as the case may be;

                     (d)  in respect of the pooled superannuation trust--a statement of assets as at the end of:

                              (i)  the relevant reporting period; and

                             (ii)  the immediately preceding reporting period;

                            that includes sufficient information to enable unit-holders to understand the asset allocation at those times;

                     (e)  details of:

                              (i)  each investment that has a value in excess of 5% of the total assets of the pooled superannuation trust; and

                             (ii)  details of each combination of investments that the trustee knows or ought reasonably to know are invested, directly or indirectly, in a single enterprise or single group of associated enterprises and that have a combined value in excess of 5% of the total assets of the pooled superannuation trust;

                      (f)  in respect of the pooled superannuation trust--the effective rate of net earnings of the pooled superannuation trust in the most recent reporting periods that, in total, constitute a period of at least 3 years;

                     (g)  the information about costs of transactions mentioned in regulation 7.9.75;

                     (h)  details of any penalties imposed on the trustee under:

                              (i)  section 38A of the SIS Act; or

                             (ii)  section 182 of the RSA Act.

             (2)  A nil amount need not be disclosed.

             (3)  For subparagraph (1)(e)(ii), investments in a trust are taken not to be invested in the trustee of the trust.

             (4)  In this regulation:

abridged financial information , in relation to a reporting period of a pooled superannuation trust, means information derived from the pooled superannuation trust's accounts that gives a reasonable summary of:

                     (a)  changes in the pooled superannuation trust's financial position during the reporting period; and

                     (b)  the pooled superannuation trust's financial position at the end of the reporting period.



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