PART 2
-
INFORMATION FOR CERTAIN PARTIES
History
Part 2 heading substituted by SR No 21 of 2002, reg 3 and Sch 1 item 1, effective 11 March 2002. The heading formerly read:
PART 2
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INFORMATION FOR MEMBERS AND OTHERS
Division 2.1
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Introductory
REGULATION 2.01
INTERPRETATION
2.01(1)
In this Part:
amount
includes a nil amount.
"building society"
(Omitted by SR No 21 of 2002)
History
Definition of
"
building society
"
omitted by SR No 21 of 2002, reg 3 and Sch 1 item 2, effective 11 March 2002. The definition formerly read:
'building society'
has the same meaning as in section
16
of the RSA Act;
Definition of
"
building society
"
inserted by SR No 117 of 1997.
"capital guaranteed"
(Omitted by SR No 21 of 2002)
History
Definition of
"
capital guaranteed
"
omitted by SR No 21 of 2002, reg 3 and Sch 1 item 3, effective 11 March 2002. The definition formerly read:
'capital guaranteed'
, in relation to a policy, has the meaning given by subsection
14(2)
of the RSA Act;
Definition of
"
capital guaranteed
"
inserted by SR No 117 of 1997.
"capital guaranteed fund"
(Omitted by SR No 21 of 2002)
History
Definition of
"
capital guaranteed fund
"
omitted by SR No 21 of 2002, reg 3 and Sch 1 item 4, effective 11 March 2002. The definition formerly read:
'capital guaranteed fund'
means a public offer superannuation fund, or a sub-fund of a public offer superannuation fund, that has the following characteristics:
(a)
its investments comprise 1 or more of the following only:
(i)
deposits with an ADI;
(ii)
deposits with a building society;
(iii)
deposits with a credit union;
(iv)
investments in a capital guaranteed policy;
(b)
the contributions and accumulated earnings of its members cannot be reduced by negative investment returns (within the meaning of subregulation 5.01 (1)) or by any reduction in the value of its assets;
Definition of
"
capital guaranteed fund
"
amended by SR No 193 of 1998 and inserted by SR No 117 of 1997.
"contact details"
(Omitted by SR No 21 of 2002)
History
Definition of
"
contact details
"
omitted by SR No 21 of 2002, reg 3 and Sch 1 item 5, effective 11 March 2002. The definition formerly read:
'contact details'
, in relation to a superannuation entity, means:
(a)
the name of the superannuation entity and, if relevant, of the sub-plan; and
(b)
a contact address for the superannuation entity; and
(c)
a contact person and telephone number for the contact person;
contact person
, in relation to a superannuation entity, means a named individual, or a person holding a designated office or position, who is available to receive and deal with inquiries or complaints by members or unit-holders (as the case may be).
"credit union"
(Omitted by SR No 21 of 2002)
History
Definition of
"
credit union
"
omitted by SR No 21 of 2002, reg 3 and Sch 1 item 6, effective 11 March 2002. The definition formerly read:
'credit union'
has the same meaning as in section 16 of the RSA Act;
Definition of
"
credit union
"
inserted by SR No 117 of 1997.
"excluded superannuation fund"
(Omitted by SR No 239 of 1999)
"policy"
(Omitted by SR No 21 of 2002)
History
Definition of
"
policy
"
omitted by SR No 21 of 2002, reg 3 and Sch 1 item 7, effective 11 March 2002. The definition formerly read:
'policy'
has the same meaning as in section 16 of the RSA Act;
Definition of
"
policy
"
inserted by SR No 117 of 1997.
"prescribed earning rate"
(Omitted by SR No 21 of 2002)
History
Definition of
"
prescribed earning rate
"
omitted by SR No 21 of 2002, reg 3 and Sch 1 item 8, effective 11 March 2002. The definition formerly read:
'prescribed earning rate'
, in relation to a fixed-rate option offered by a capital guaranteed fund for a period, means the earning rate declared, in advance, by the fund;
Definition of
"
prescribed earning rate
"
inserted by SR No 117 of 1997.
"sub-fund"
(Omitted by SR No 21 of 2002)
History
Definition of
"
sub-fund
"
omitted by SR No 21 of 2002, reg 3 and Sch 1 item 9, effective 11 March 2002. The definition formerly read:
'sub-fund'
, in relation to a capital guaranteed fund, means a segment of a public offer superannuation fund that has the following characteristics:
(a)
the sub-fund has separately identifiable assets and separately identifiable beneficiaries;
(b)
the interest of each beneficiary of the sub-fund is determined by reference only to the conditions governing that sub-fund;
(c)
there is no transfer of assets, benefits or money between the sub-fund and another sub-fund without a transfer of a corresponding beneficial interest;
(d)
the insurance and administration costs of the sub-fund are attributable only to that sub-fund;
Definition of
"
sub-fund
"
amended by SR No 115 of 1999 and inserted by SR No 117 of 1997.
"sub-plan"
(Omitted by SR No 21 of 2002)
History
Definition of
"
sub-plan
"
omitted by SR No 21 of 2002, reg 3 and Sch 1 item 10, effective 11 March 2002. The definition formerly read:
'sub-plan'
, in relation to a regulated superannuation fund, means a segment of the fund comprising a member or members of the fund, being a sub-plan that the trustee, under subregulation 2.07(2), determines should be made.
"unfunded defined benefits fund"
(Omitted by SR No 21 of 2002)
History
Definition of
"
unfunded defined benefits fund
"
omitted by SR No 21 of 2002, reg 3 and Sch 1 item 11, effective 11 March 2002. The definition formerly read:
'unfunded defined benefits fund'
means a defined benefits fund under which all or some of the amounts that will be required for the payment of a benefit are not paid into the fund until the member concerned becomes entitled to receive the benefit.
Definition of
"
unfunded defined benefits fund
"
inserted by SR No 309 of 1997.
2.01(2)
In this Part, where the context allows, a reference to a member is taken to mean:
(a)
in relation to a superannuation entity
-
a person who:
(i)
is a member of the entity; or
(ii)
receives a pension from the entity; or
(iii)
has deferred his or her entitlement to receive a benefit from the entity; and
(b)
in relation to an approved deposit fund
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a depositor in the fund; and
(c)
in relation to a PST
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a unit-holder.
2.01(3)
In a Division of this Part, a reference to a fund is a reference to a fund of the kind to which the Division applies.
2.01(4)
This Division applies in relation to an RSE licensee of a superannuation entity in a corresponding way to the way this Division applies in relation to a trustee (or to the trustees) of a superannuation entity.
History
Reg 2.01(4) inserted by FRLI No F2021L01076, reg 4 and Sch 1 item 1, applicable in relation to each year of income that ends on or after 6 August 2021.
Former reg 2.01(4) omitted by SR No 21 of 2002, reg 3 and Sch 1 item 12, effective 11 March 2002. Reg 2.01(4) formerly read:
2.01(4)
A reference to the telephone number of a contact person includes a reference to the telephone number of a switchboard through which the person may be reached by telephone.
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