Corporations Regulations 2001
[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
Modifying legislative instruments: The application of Pt 7.9 is affected by the ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.9, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
For paragraph 7.9.20(1)(n) , this regulation sets out requirements that apply to a trustee of a regulated superannuation fund (other than a self managed fund).
7.9.20AA(1A)
This regulation does not apply if: (a) the superannuation product is a non-investment or accumulation life insurance policy that is offered through the regulated superannuation fund; or (b) the superannuation product has no investment component (also known as a risk-only superannuation product); or (c) the statement is a periodic statement to be given to a member of the regulated superannuation fund for a reporting period mentioned in paragraph 1017D(2)(d) of the Act.
7.9.20AA(2)
(Repealed by FRLI No F2021L01841, Sch 1[5] (effective 18 December 2021).)
7.9.20AA(3) - (7)
(Repealed by FRLI No F2021L01841, Sch 1[6] (effective 18 December 2021).)
7.9.20AA(8)
The trustee must provide the following, in the periodic statement for a reporting period that is provided from 1 July 2011, to each member of the regulated superannuation fund: (a) if the member is invested in an investment option at the end of the reporting period - a statement of the long-term returns of the investment option; (b) if the member is not invested in an investment option at the end of the reporting period - a statement of the long term returns of the sub-plan, or, if none, the fund in which the member holds an interest at the end of the reporting period.
7.9.20AA(9)
For paragraph (8)(a) , the long-term returns must be stated as: (a) the compound average effective rate of net earnings of the investment option for the period of 5 years ending at the end of the last financial year or reporting period before the provision of the periodic statement; and (b) the compound average effective rate of net earnings of the investment option for the period of 10 years ending at the end of that financial year or reporting period.
7.9.20AA(10)
For paragraph (8)(b), the long-term returns must be stated as: (a) the compound average effective rate of net earnings of the sub-plan or fund for the period of 5 years ending at the end of the last financial year or reporting period before the provision of the periodic statement; and (b) the compound average effective rate of net earnings of the sub-plan or fund for the period of 10 years ending at the end of that financial year or reporting period.
7.9.20AA(11)
The trustee must include in the periodic statement, near to the statement of long-term returns, a statement to the effect that the returns are not the returns of the member ' s investment in the investment option, sub-plan or fund.
General requirements
7.9.20AA(12)
For subregulations (3) , (4) , (9) and (10) , if the investment option, sub-plan or fund has been in operation for less than the 5-year or 10-year period to be reported on, the trustee must provide: (a) the long-term return for the period in which the investment option, sub-plan or fund has been in operation; and (b) the date on which the investment option, sub-plan or fund came into operation.
7.9.20AA(13)
If the long-term returns are provided in the periodic statement, they must be positioned near to the statement of the rate of any allotment of earnings during the reporting period.
7.9.20AA(14)
The long-term returns must be presented in a clear, concise and effective manner.
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