PART 23
-
FINANCIAL ASSISTANCE TO CERTAIN FUNDS
Division 2
-
Determination of applications for financial assistance
SECTION 231
MINISTER MAY GRANT FINANCIAL ASSISTANCE
231(1)
[Minister's determination]
If, after considering the application, any additional information given by a trustee of the fund, and APRA's advice under section
230A
, the Minister is satisfied that the fund has suffered an eligible loss as mentioned in subsection
229(1)
, the Minister is to determine in writing:
(a)
whether the public interest requires that a grant of financial assistance should be made to a trustee of the fund for the purposes of restoring the loss; and
(b)
if so, the amount of the assistance.
History
S 231(1) amended by No 154 of 2007, s 3 and Sch 2 item 13, by substituting
"
for the purposes of restoring the loss
"
for
"
for the purposes of the fund
"
in para (a), effective 24 September 2007. For application provision, see note under s
229(1)
.
S 231(1) amended by No 53 of 2004, s 3 and Sch 2 item 218, by substituting
"
a trustee of the fund
"
for
"
the trustee
"
(wherever occurring), effective 1 July 2004.
S 231(1) amended by No 24 of 2000, s 3 and Sch 9 items 12 and 13, by substituting
"
, any additional information given by the trustee, and APRA's advice under section 230A
"
for
"
and any additional information given by the trustee
"
, and by substituting
"
an eligible loss
"
for
"
loss
"
, applicable only in relation to losses incurred by a fund on or after 3 April 2000.
231(2)
[Payment of financial assistance]
Financial assistance payable to a trustee of a fund is to be paid in such amounts, at such times, and in such manner, as the Minister determines.
History
S 231(2) amended by No 53 of 2004, s 3 and Sch 2 item 219, by substituting
"
a trustee
"
for
"
the trustee
"
, effective 1 July 2004.
231(3)
[
Self managed superannuation funds]
To avoid doubt, the Minister may grant financial assistance to a self managed superannuation fund under this section as long as the fund met the requirements in subsection
229(1)
at the time the fund suffered the loss to which the assistance relates.
History
S 231(3) amended by No 12 of 2012, s 3 and Sch 6 item 210, by substituting
"
self managed superannuation fund
"
for
"
self-managed superannuation fund
"
, effective 21 March 2012.
S 231(3) inserted by No 154 of 2007, s 3 and Sch 2 item 14, effective 24 September 2007. For application provision, see note under s
229(1)
.
231(4)
[
Consolidated Revenue Fund]
The Consolidated Revenue Fund is appropriated for the purposes of making payments of financial assistance granted under this section.
History
S 231(4) inserted by No 154 of 2007, s 3 and Sch 2 item 14, effective 24 September 2007. For application provision, see note under s
229(1)
.
231(5)
[
Australian Prudential Regulation Authority Special Account]
Amounts appropriated under this section are not to be credited to the Australian Prudential Regulation Authority Special Account.
History
S 231(5) inserted by No 154 of 2007, s 3 and Sch 2 item 14, effective 24 September 2007. For application provision, see note under s
229(1)
.