How this Part applies if there are 2 or more employer‑sponsors of whom at least one is an unrelated employer‑sponsor
72 How this Part applies if there are 2 or more employer‑sponsors of whom at least one is an unrelated employer‑sponsor
For the purposes of this section:
a standard employer‑sponsor (the first employer‑sponsor) of a superannuation fund is an unrelated employer‑sponsor of the fund if, and only if, there is no other standard employer‑sponsor of the fund who is a Part 8 associate of the first employer‑sponsor; and
2 or more standard employer‑sponsors of a superannuation fund are related to each other if they are Part 8 associates.
For the purposes of this section:
the class of the in‑house assets of a fund that corresponds to a particular unrelated employer‑sponsor is the class of in‑house assets that consists of:
loans to, investments in, or assets subject to leases or lease arrangements with, the employer‑sponsor or a Part 8 associate of the employer‑sponsor; or
loans to, investments in, or assets subject to leases or lease arrangements with, a standard employer‑sponsored member of the fund, in respect of whom the employer‑sponsor contributes to the fund, or a Part 8 associate of such a member; or
investments in a trust that is controlled by an entity referred to in subparagraph (i) or (ii); and
the class of the in‑house assets of a fund that corresponds to 2 or more employer‑sponsors who are related to each other is the class of in‑house assets that consists of:
loans to, investments in, or assets subject to leases or lease arrangements with, any of them or a Part 8 associate of any of them; or
loans to, investments in, or assets subject to leases or lease arrangements with, a standard employer‑sponsored member of the fund, in respect of whom any of them contributes to the fund, or a Part 8 associate of such a member; or
investments in a trust that is controlled by an entity referred to in subparagraph (i) or (ii).
Subsections (4) and (5) apply if:
there are 2 or more unrelated employer‑sponsors of a superannuation fund (whether or not there are also any employer‑sponsors of the fund who are related to each other); or
there are 2 or more employer‑sponsors of a superannuation fund who are related to each other and there are also one or more unrelated employer‑sponsors of the fund.
This Part does not apply in relation to the fund in relation to the in‑house assets of the fund as a whole.
However, this Part applies in relation to the fund separately in relation to each of the corresponding classes of in‑house assets of the fund.
This section does not apply to a self managed superannuation fund.
This Act’s bill:Second reading speech
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