Superannuation Legislation Amendment Act (No. 4) 1999 (199 of 1999)
Schedule 1
13 After subsection 66(2)
Insert:
Exception - certain in-house assets
(2A) Subsection (1) does not prohibit the acquisition of an asset by the trustee or investment manager of a superannuation fund from a related party of the fund if:
(a) the acquisition of the asset constitutes an investment that:
(i) is an in-house asset of the fund within the meaning of subsection 71(1); or
(ii) would be an in-house asset of the fund within the meaning of subsection 71(1) apart from the operation of Subdivision D of Part 8; or
(iii) is a life insurance policy issued by a life insurance company (other than a policy acquired from a member of the fund or from a relative of a member); or
(iv) is referred to in paragraph 71(1)(b), (ba), (c), (d), (e), (f), (h) or (j); and
(b) the asset is acquired at market value; and
(c) the acquisition of the asset would not result in the level of in-house assets of the superannuation fund exceeding the level permitted by Part 8.
Disallowable instrument
(2B) A determination under paragraph (2)(d) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
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