Taxation Laws Amendment (Superannuation) Act 1993 (7 of 1993)
PART 4 AMENDMENT OF THE OCCUPATIONAL SUPERANNUATION STANDARDS ACT 1987
Division 3 Amendments relating to the notification of breaches of superannuation fund conditions
47 Notices as to satisfaction of the superannuation fund conditions
Section 12 of the Principal Act is amended:
(a) by inserting in paragraph (3A)(a) "satisfied the following requirements" fter "trustee of the fund" (first occurring);
(b) by omitting subparagraph (3A)(a)(i) and substituting the following subparagraphs:
"(i) in any case-the trustee notified the breach to the Commissioner as soon as practicable after becoming aware of the breach;
(ia) if:
(A) the trustee's response to the breach is covered by regulations made for the purposes of this subparagraph; and
(B) the trustee is given a written notice under the regulations requesting the trustee to take all reasonable steps to notify the breach to all prescribed employer sponsors in relation to the fund; the trustee complied with the request;
(ib) if:
(A) the trustee's response to the breach is not covered by regulations made for the purposes of subparagraph (ia); and
(B) the trustee is not given a written waiver under the regulations from the requirements of this subparagraph;
the trustee took all reasonable steps to notify the breach to all prescribed employer sponsors in relation to the fund within the period specified in the regulations;";
by inserting in subparagraph (3A)(a)(ii) "in any case-the trustee" before "caused the breach".
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