(1) The compliance plan of a registered scheme must set out adequate measures
that the responsible entity is to apply in operating the scheme to ensure
compliance with this Act and the scheme's constitution, including the
arrangements for:
- (a)
- ensuring that all scheme property is clearly
identified as scheme property and held separately from property of the
responsible entity and property of any other scheme (see paragraph
601FC(1)(i)); and
- (b)
- if the scheme is required to have a compliance committee (see
section 601JA)-ensuring that the compliance committee functions properly,
including adequate arrangements relating to:
- (i)
- the membership of the committee; and
- (ii)
- how often committee meetings are to be held; and
- (iii)
- the committee's reports and recommendations to the responsible entity;
and
- (iv)
- the committee's access to the scheme's accounting records and to the
auditor of the scheme's financial statements; and
- (v)
- the committee's access to information that is relevant to the responsible
entity's compliance with this Act; and
- (c)
- ensuring that the scheme property is valued at regular intervals
appropriate to the nature of the property; and
- (d)
- ensuring that compliance with the plan is audited as required by
section 601HG; and
- (e)
- ensuring adequate records of the scheme's operations are kept; and
- (f)
- any other matter prescribed by the regulations.
(2) If:
- (a)
- a registration application is made as a result of a resolution
passed under subparagraph 1457(1)(a)(i); and
- (b)
- the resolution included a direction under subsection 1457(1A);
the compliance plan lodged with the application must provide for scheme
property to be held by a person other than the responsible entity, or a person
that is not related to the responsible entity, as the responsible entity's
agent.