OCCUPATIONAL SUPERANNUATION STANDARDS REGULATIONS 1987 (REPEALED)

PART IIIA - POOLED SUPERANNUATION TRUSTS  

REGULATION 23H  

23H   ELIGIBLE INVESTORS: TRUSTEES OF SUPERANNUATION FUNDS, APPROVED DEPOSIT FUNDS OR POOLED SUPERANNUATION TRUSTS: NOTICE OF COMPLIANCE OR NON-COMPLIANCE NOT GIVEN  
In spite of regulation 23G , a trustee of a superannuation fund, an approved deposit fund or a pooled superannuation trust and a person acting on behalf of such a trustee is eligible, for the purposes of an eligible investor statement, to hold units in a pooled superannuation trust where the statement is made during the third or a subsequent year of income of the fund or first-mentioned trust:

(a) if, at the date of the statement:

(i) a period of at least 9 months, or of at least such longer period as the Commissioner approves generally in writing, has elapsed since the end of the latest completed year of income of the fund or first-mentioned trust; and

(ii) the trustee has taken the action that is required to be taken under section 12, 13, 14, 15, 15B or 15C of the Act, as the case requires, to obtain a notice of compliance in relation to the year of income that commenced on 1 July 1988, and each subsequent completed year of income, of the fund or first-mentioned trust; and

(iii) the trustee has not been given a notice of compliance or a notice of non-compliance in relation to the year of income that commenced on 1 July 1988, and any subsequent completed year of income, of the fund or first-mentioned trust; or

(b) if, at the date of the statement:

(i) the period referred to in subparagraph (a)(i) has not elapsed; and

(ii) the trustee has taken the action that is required to be taken under section 12, 13, 14, 15, 15B or 15C of the Act, as the case requires, to obtain a notice of compliance in relation to the year of income that commenced on 1 July 1988, and each subsequent completed year of income, of the fund or first-mentioned trust excluding the latest completed year of income; and

(iii) the trustee has not been given a notice of compliance or a notice of non-compliance in relation to the year of income that commenced on 1 July 1988, and any subsequent completed year of income, of the fund or first-mentioned trust.