Superannuation Industry (Supervision) Act 1993

at all times during the year of income when the entity was in existence, the entity was a pooled superannuation trust; and

any of the following conditions is satisfied:

the trustee did not contravene any of the regulatory provisions in relation to the entity in respect of the year of income;

both:

the trustee contravened one or more of the regulatory provisions in relation to the entity in respect of the year of income on one or more occasions; and

each contravention was rectified within a period of 30 days after the trustee became aware of the contravention or such further period as APRA allows;

both:

the trustee contravened one or more of the regulatory provisions in relation to the entity in respect of the year of income on one or more occasions; and

APRA is satisfied that the seriousness or frequency, or both, of the contraventions does not warrant the giving of a notice stating that the entity is not a pooled superannuation trust in relation to the year of income;

APRA, after considering all relevant circumstances, thinks that a notice should be given stating that the entity is a pooled superannuation trust in relation to the year of income.