Commonwealth Consolidated Regulations

CORPORATIONS REGULATIONS 2001 - REG 7.9.02

         (1)   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.

         (2)   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.

         (3)   For subsection 1017C (9) of the Act, the sub-plan is a relevant sub-plan.

         (4)   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.

         (5)   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.