OCCUPATIONAL SUPERANNUATION STANDARDS REGULATIONS 1987 (REPEALED)

PART IIIA - POOLED SUPERANNUATION TRUSTS  

REGULATION 23A   INTERPRETATION OF THIS PART  

23A(1)   [ Definitions ]  

In this Part, unless the contrary intention appears:

eligible investor statement
means a statement in accordance with regulation 23D ;

marketing manager
, in relation to a pooled superannuation trust, means a person who, in accordance with the governing rules of the trust, holds units in the trust as a manager of the affairs of the trust;

notice of compliance
, in relation to a superannuation fund, an approved deposit fund or a pooled superannuation trust, in relation to a year of income:

(a) means a notice:

(i) under section 12, 14 or 15B of the Act stating that the Commissioner is satisfied that the fund or trust satisfied; or

(ii) under section 13, 15 or 15C of the Act stating that the Commissioner is satisfied that the fund or trust should be treated as if it had satisfied;

the superannuation fund, approved deposit fund or pooled superannuation trust conditions, as the case requires, in relation to that year of income; but

(b) does not include a notice referred to in paragraph (a) that has ceased to have effect because of the operation of subsection 12(5), 13(2), 14(5), 15(3), 15B(5) or 15C(2) of the Act;

notice of non-compliance
, in relation to a superannuation fund, an approved deposit fund or a pooled superannuation trust, in relation to a year of income:

(a) means a notice under section 12, 14 or 15B of the Act stating that the Commissioner is not satisfied that the fund or trust satisfied the superannuation fund, approved deposit fund or pooled superannuation trust conditions, as the case requires, in relation to that year of income; but

(b) does not include a notice referred to in paragraph (a) that has ceased to have effect because of the operation of subsection 12(4), 14(4) or 15B(4) or section 16 of the Act;

person
includes a life assurance company referred to in subparagraph 3A(1)(a)(iii) , a registered organisation referred to in subparagraph 3A(1)(a)(iv) and an entity referred to in subparagraph 3A(1)(a)(v) .

23A(2)   [ First year of income of public sector fund ]  

For the purposes of the references in regulations 23F , 23G and 23H to the first, second, third or a subsequent year of income, or to a completed year of income, of a superannuation fund, the first year of income of a public sector fund in operation before 1 July 1990 is to be taken to be the year of income that commenced on 1 July 1990.

23A(3)   [ First year of income of PST ]  

For the purposes of the references in regulations 23F , 23G and 23H to the first, second, third or a subsequent year of income, or to a completed year of income, of a pooled superannuation trust, the first year of income of a pooled superannuation trust that is a unit trust that was in operation before 1 July 1988 is to be taken to be the year of income that commenced on 1 July 1988.