Corporations Regulations 2001

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.

In making a determination, the trustee must have regard to all relevant matters, including each of the following:

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);

whether the governing rules of the fund provide for a particular segment to be a sub‑plan.

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

For paragraph 761E(7)(a) of the Act, if:

a person is a member of a superannuation fund in relation to a sub‑plan; and

either:

the person’s membership changes to membership in relation to another sub‑plan; or

the person holds interests in 2 or more sub‑plans at the same time;

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.