Amendment of the Trust Deed
8 Amendment of the Trust Deed
The Minister may, by writing, amend the Trust Deed.
Limitations on amending the Trust Deed
The Trust Deed must not be amended unless:
CSC has consented to the amendment; or
the amendment:
relates to a payment by an employer‑sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or
relates solely to the termination of the ADF Super Fund; or
is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.
This subsection does not apply in relation to an amendment of the Trust Deed for the purposes of subsection 19(1) (costs of administration of Act etc.) (see subsection 19(2)).
A provision of the Trust Deed that is amended under subsection (1) is invalid if the provision would have the effect that ADF Super:
would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or
would not comply with that Act.
Instrument making amendment is a legislative instrument
An instrument under subsection (1) is a legislative instrument.
Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to an instrument under subsection (1) of this section.
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