Corporations Regulations 2001
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
CCH note - modifying legislative instruments: The application of Pt 7.9 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.9, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
This regulation applies if the trustee of a regulated superannuation fund proposes to make a determination as to whether a sub-plan should be made.
In making a determination, the trustee must have regard to all relevant matters, including each of the following:
(a) whether there is a common factor in a segment of the fund (for example, whether a group of members of the fund have the same employer);
(b) whether the governing rules of the fund provide for a particular segment to be a sub-plan.
For subsection 1017C(9) of the Act, the sub-plan is a relevant sub-plan.
For paragraph 761E(7) (a) of the Act, if:
(a) a person is a member of a superannuation fund in relation to a sub-plan; and
(b) either:
(i) the person's membership changes to membership in relation to another sub-plan; or
(ii) the person holds interests in 2 or more sub-plans at the same time;
the change to membership in relation to the other sub-plan is taken to be the issue of a new interest in the superannuation fund.
For paragraph 1020G(1) (c) of the Act, Part 7.9 of the Act is modified in its application in relation to the fund (including a sub-plan) as set out in Part 1 of Schedule 10A .
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