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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 No. 78, 1993 - SECT 44
Pooled superannuation trust
44. An entity is a pooled superannuation trust in relation to a year of income
for the purposes of this Division if:
(a) at all times during the year of income when the entity was in
existence, the entity was a pooled superannuation trust; and
(b) any of the following conditions is satisfied:
(i) the trustee did not contravene this Act or the regulations in
relation to the entity in respect of the year of income;
(ii) both:
(A) the trustee contravened this Act or the regulations in
relation to the entity in respect of the year of income
on one or more occasions; and
(B) each contravention was rectified within a period of 30
days after the trustee became aware of the contravention
or such further period as the Commissioner allows;
(iii) both:
(A) the trustee contravened this Act or the regulations in
relation to the entity in respect of the year of income
on one or more occasions; and
(B) the Commissioner is satisfied that the seriousness or
frequency, or both, of the contraventions does not
warrant the giving of a notice stating that the entity is
not a pooled superannuation trust in relation to the
year of income;
(iv) the Commissioner, after considering all relevant circumstances,
thinks that a notice should be given stating that the entity is
a pooled superannuation trust in relation to the
year of income.
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