Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by legislative instrument signed by the Minister, amend the Trust Deed.
(1AA) Without limiting subsection (1), the Minister may amend the Trust Deed to:
(a) authorise the Board to:
(i) accept particular kinds of amounts in respect of particular kinds of people who are not members of the Scheme; and
(ii) deal with those amounts under the Deed; and
(b) define the functions of the Board in relation to those amounts; and
(c) include provisions in the Rules dealing with:
(i) the manner in which those amounts will be dealt with; and
(ii) the benefits that are to become payable in relation to those amounts; and
(iii) the circumstances in which entitlements to receive those benefits will arise; and
(iv) any other matter relating to those amounts or those benefits.
(1A) The Minister may not amend the Trust Deed unless:
(a) the Board has consented to the amendment; or
(b) the amendment:
(i) relates to a payment of an employer contribution that will, after the making of the amendment, be required or permitted to be made under this Act; or
(ii) relates solely to the termination of the Scheme; or
(iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993 .
(1B) For the purposes of subparagraph (1A)(b)(i), a payment under the Trust Deed is taken to be a payment of an employer contribution.
(2) If compliance with a provision of the Trust Deed as amended under subsection (1) would have the effect that the Scheme:
(a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 ; or
(b) would not comply with that Act;
that provision is invalid.
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