SUPERANNUATION INDUSTRY (SUPERVISION) AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 185 

SUPERANNUATION INDUSTRY (SUPERVISION) AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 185 
- TABLE OF PROVISIONS

1.  Name of Regulations   
2.  Commencement   
3.  Amendment of Superannuation Industry (Supervision) Regulations  1994  
4.  Transitional   
SCHEDULE 1    Amendments 


SUPERANNUATION INDUSTRY (SUPERVISION) AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 185
- REG 1     Name of Regulations 



         These Regulations are the Superannuation Industry (Supervision)
Amendment Regulations 2000 (No. 3).






SUPERANNUATION INDUSTRY (SUPERVISION) AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 185
- REG 2     Commencement 



         These Regulations commence on gazettal.






SUPERANNUATION INDUSTRY (SUPERVISION) AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 185
- REG 3     Amendment of Superannuation Industry (Supervision) Regulations  1994




        Schedule 1 amends the Superannuation Industry (Supervision) Regulations
1994.






SUPERANNUATION INDUSTRY (SUPERVISION) AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 185
- REG 4     Transitional 



     (1)    This regulation applies to a unit trust that, immediately before the
commencement of these Regulations, was a pooled superannuation trust.
    (2)    On the commencement of these Regulations, the unit trust continues to
be a pooled superannuation trust.
    (3)    Subregulation (2) ceases to apply to the unit trust immediately after the
time of lodgment, in accordance with subsection 36 (1) of the
Superannuation Industry (Supervision) Act 1993, of the first return in
relation to the unit trust after the commencement of these Regulations.






SUPERANNUATION INDUSTRY (SUPERVISION) AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 185
- SCHEDULE 1    Amendments
 (regulation 3)
[1]    Paragraph 1.04 (5) (b)
omit
the Tax Act.
insert
the Tax Act; and
[2]    After paragraph 1.04 (5) (b)
insert

        (c)  a trust in relation to which each of the following circumstances applies:




        (i)  the trustee has confirmed in writing an intention to have the trust
treated as a PST;



        (ii)  the confirmation was given to APRA, in the approved form, and signed and
dated by the trustee;



        (iii)  the confirmation was given not later than the time of lodgment, in
accordance with subsection 36 (1) of the Act, of the first return in
relation to the trust after the commencement of this paragraph;



        (iv)  the confirmation has not been withdrawn.




[3]    After subregulation 1.04 (5)
insert

(6)  The trustee of a unit trust may confirm an intention under paragraph
(5) (c) despite anything in the governing rules of the unit trust.

(7)  The trustee of a unit trust mentioned in subregulation (6) must inform
APRA in writing as soon as practicable after the unit trust ceases to be a PST
because paragraph (5) (a) or (b) ceases to apply to the trust.

(8)  The trustee may withdraw the confirmation of an intention under paragraph
(5) (c) by giving to APRA a notice of the withdrawal that is signed and
dated by the trustee.







SUPERANNUATION INDUSTRY (SUPERVISION) AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 185
- NOTES
SUPERANNUATION INDUSTRY (SUPERVISION) AMENDMENT REGULATIONS 2000 (NO. 3)2000 NO. 185Notes



1.    These Regulations amend Statutory Rules 1994 No. 57, as amended by 1994 Nos.
189 and 432; 1995 Nos. 47, 64, 142, 158, 159, 240, 293, 384 and 430; 1996 Nos.
44, 57, 122 and 344; 1997 Nos. 69, 117, 152, 153, 221, 243, 293, 309, 343 and
415; 1998 Nos. 76, 83, 108, 175, 177, 193, 240 and 312; 1999 Nos. 14, 31, 115,
239, 317 and 356; 2000 Nos. 119 and 151.
2.    Made by the Governor-General on 5 July 2000, and notified in the
Commonwealth of Australia Gazette on 12 July 2000.