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s 4E

Meaning of supervising entity

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Part 1Preliminary

4E Meaning of supervising entity

(1)

A supervising entity is an entity that under subsection (2) or (4) is the supervising entity for a trustee.

(2)

An entity is the supervising entity for a trustee if a regulation declares the entity to be the supervising entity for the trustee.

(3)

However, a regulation may declare an entity to be a supervising entity only if the chief executive is satisfied—

(a)

the entity has the qualifications, experience or standing necessary to perform the functions of a supervising entity under this Act; and

(b)

anyone the entity employs to perform the functions has the qualifications, experience or standing necessary to perform the functions.

(4)

If a regulation does not declare an entity other than the chief executive to be the supervising entity for a trustee, the chief executive is the supervising entity for the trustee.

(5)

A reference to a supervising entity made in relation to a trustee is a reference to the trustee’s supervising entity.

(6)

A reference to a supervising entity made in relation to an auditor performing duties as an auditor under this Act is a reference to the supervising entity of the trustee in relation to whom the duties are performed.

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