Superannuation Industry (Supervision) Regulations (Amendment) 1997 (293 of 1997)

3.   Regulation 3.01 (Public offer superannuation fund - prescribed persons)

3.1 Omit the regulation, substitute:

Public offer superannuation fund - member of a prescribed class

" 3.01 . For the purposes of sub-subparagraph 18 (1) (a) (ii) (B) of the Act and paragraph 18A (2) (e) of the Act, a prescribed class is a class of persons, each of whom is:

(a) a former standard employer-sponsored member of the fund concerned who, since ceasing to be a standard employer-sponsored member of the fund, has remained a member of the fund at all times; or

(b) a spouse, or former spouse, of a standard employer-sponsored member of the fund concerned in relation to whom the fund has accepted eligible spouse contributions from the standard employer-sponsored member; or

(c) both:

(i) a spouse, or former spouse, of a person who is a former standard employer-sponsored member (' the other person ') of the fund concerned; and

(ii) a person in relation to whom the fund concerned accepted eligible spouse contributions from the other person while the other person was a member of the fund; or

(d) both:

(i) a spouse, or former spouse, of a standard employer-sponsored member (' the other person ') of a fund that has the same standard employer-sponsor as the fund concerned; and

(ii) a person in relation to whom the fund concerned has accepted eligible spouse contributions from the other person; or

(e) both:

(i) a spouse, or former spouse, of a person who is a former standard employer-sponsored member (' the other person ') of a fund ( 'the other fund' ) that, at all times relevant to subparagraph (ii), had the same standard employer-sponsor as the fund concerned; and

(ii) a person in relation to whom the fund concerned accepted eligible spouse contributions from the other person while the other person was a member of the other fund.".


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