Commonwealth Consolidated Regulations

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SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 4.08

Operating standard--voting rule where equal representation applies

  (1)   For the purposes of subsection   31(1) of the Act, the standard stated in subregulation   (3) is applicable to the operation of standard employer - sponsored funds that must comply:

  (a)   under subsection   91(4) or 93(4) of the Act--with the basic equal representation rules; or

  (b)   under subsection   90(3) of the Act--with either:

  (i)   the basic equal representation rules; or

  (ii)   the alternative agreed representation rule set out in subsection   90(4) of the Act; or

  (c)   under subsection   92(4) of the Act--with either:

  (i)   the basic equal representation rules; or

  (ii)   the alternative agreed representation rule set out in subsection   92(5) of the Act.

  (2)   Despite subregulation   (1), the standard stated in subregulation   (3) is not applicable:

  (a)   to the operation of standard employer - sponsored funds that comply with the alternative agreed representation rule set out in subsection   90(4) or 92(5) of the Act; or

  (b)   to a decision of a delegate of the individual trustees or of the board of directors of the corporate trustee of the fund if the delegation was approved by at least two - thirds of the total number of the trustees or directors.

  (3)   A decision of:

  (a)   the individual trustees of a fund; or

  (b)   the board of directors of the corporate trustee of a fund;

must be taken not to have been made, or to be of no effect, if fewer than two - thirds of the total number of the trustees or directors, as the case requires, voted for it.



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