Commonwealth Consolidated Regulations

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SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 1.04AA

Self managed superannuation funds -- persons not taken to be employees (Act s 17A (8))

         (1)   For the purposes of paragraph 17A (8) (b) of the Act, a class of persons is a specified class if it comprises persons each of whom is, in relation to a member of a superannuation fund, an exempt person mentioned in subregulation (2).

         (2)   A person is an exempt person in relation to a member of a superannuation fund if:

                (a)    the person is an employer‑sponsor of the fund; and

               (b)    the member is a director of the employer‑sponsor.

         (3)   For the purposes of paragraph 17A (8) (b) of the Act, a class of persons is a specified class if it comprises persons each of whom is a member of a superannuation fund in relation to which the following circumstances exist:

                (a)    the person is the employer, but not a relative, of a member of the fund (the employee );

               (b)    another member is the employer, and a relative, of that employee.

 



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