Superannuation Industry (Supervision) Act 1993

PART 7 - PROVISIONS APPLYING ONLY TO REGULATED SUPERANNUATION FUNDS  

SECTION 68D   VOTING BY AN INDIVIDUAL TRUSTEE - GOVERNING RULES  

68D(1)    
This section applies to a regulated superannuation fund, other than a self managed superannuation fund, of which the trustee, or each of the trustees, is an individual.

68D(2)    
A provision in the governing rules in the fund is void to the extent that it purports to preclude a trustee of the fund from voting on a matter relating to the fund.

Exception

68D(3)    
Subsection (2) does not apply to a provision in the governing rules of the fund to the extent that the provision:


(a) precludes a trustee of the fund from voting on a matter in which the trustee has a material personal interest; or


(b) otherwise relates to voting by a trustee of the fund on a matter in which the trustee has a material personal interest; or


(c) precludes a trustee of the fund from voting where there is a conflict of a kind described in paragraph 52(2)(d) ; or


(d) otherwise relates to voting by a trustee of the fund where there is a conflict of a kind described in paragraph 52(2)(d) ; or


(e) precludes a trustee of the fund from exercising a casting vote; or


(f) ensures compliance by a trustee of the fund with a prudential standard that deals with conflicts of interest or duty.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.