OCCUPATIONAL SUPERANNUATION STANDARDS REGULATIONS 1987 (REPEALED)

PART IIIA - POOLED SUPERANNUATION TRUSTS  

REGULATION 23J   REQUESTS FOR ELIGIBLE INVESTOR STATEMENTS  

23J(1)   [ Power to request for eligible investor statement ]  

The trustees of a pooled superannuation trust may, at any time, request a holder of units in the trust to give them an eligible investor statement in relation to the units.

23J(2)   [ Request to be made by 1/3/90 ]  

The trustees of a pooled superannuation trust must, not later than 1 March 1990, request each holder of units in the trust to give them an eligible investor statement in relation to the units unless the trustees have received an eligible investor statement by the holder in relation to the units.

23J(3)   [ Further request within one year ]  

Where the trustees of a pooled superannuation trust have received an eligible investor statement, in relation to units in the trust, by a holder of units:

(a) who does not hold the units as the trustee of a superannuation fund, an approved deposit fund or a pooled superannuation trust; or

(b) who holds the units as the trustee of a public sector fund and the date of the statement is before 1 July 1990; or

(c) who:

(i) holds the units as the trustee of a superannuation fund, an approved deposit fund or a pooled superannuation trust; and

(ii) gave with the statement a copy of a notice of compliance that, on the date of the statement, related to the most recent completed year of income of the fund or trust mentioned in subparagraph (i);

the trustees of the first-mentioned trust must, not later than the anniversary of the date of the statement, request the holder to give them another eligible investor statement.

23J(4)   [ Further request within 9 months ]  

Where:

(a) the trustees of a pooled superannuation trust have received an eligible investor statement in relation to units in the trust by the holder of the units; and

(b) the holder:

(i) holds the units as the trustee of a superannuation fund (other than a public sector fund), an approved deposit fund or a pooled superannuation trust; or

(ii) holds the units as the trustee of a public sector fund and the date of the statement is on or after 1 July 1990; and

(c) the holder:

(i) did not give with the statement a copy of a notice of compliance in relation to the fund or trust mentioned in paragraph (b); or

(ii) gave with the statement a copy of a notice of compliance that on the date of the statement did not relate to the most recent completed year of income of the fund or trust mentioned in paragraph (b);

the trustees must, not later than 9 months after the date of the statement, request the holder to give them another eligible investor statement.

23J(5)   [ Form of request ]  

A request under this regulation or regulation 23L by the trustees of a pooled superannuation trust:

(a) must be in writing; and

(b) must set out the date of the request; and

(c) must be signed:

(i) by the trustees; or

(ii) by a person authorised by the trustees in writing to sign requests under this regulation or regulation 23L , as the case requires.