Commonwealth Consolidated Acts

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SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 138

Property vesting orders

  (1)   If a person is appointed as acting trustee, the Regulator must make a written order vesting the property of the entity concerned in the acting trustee.

  (2)   If the appointment of the acting trustee comes to an end, the Regulator must make a written order vesting the property of the entity concerned in:

  (a)   if there is to be a fresh acting trustee--the fresh acting trustee; or

  (b)   if the acting trustee acted during a period of suspension of the actual trustee and the suspension has come to an end--the actual trustee; or

  (c)   if the acting trustee acted because of a vacancy in the position of actual trustee and the acting trustee's appointment has come to an end because the vacancy in the position of actual trustee has been filled by a new actual trustee--the actual trustee.

  (3)   If an order is made by the Regulator under this section vesting property of a superannuation entity in a person:

  (a)   if the property was vested in law in the trustee--subject to subsections   (4) and (5), the property immediately vests in law in the person named in the order by force of this Act; and

  (b)   if the property was vested in equity in the trustee--the property immediately vests in equity in the person named in the order by force of this Act.

  (4)   If:

  (a)   the property is of a kind whose transfer or transmission may be registered under a law of the Commonwealth, of a State or of a Territory; and

  (b)   that law enables the registration of such an order;

the property does not vest in that person at law until the requirements of the law referred to in paragraph   (a) have been complied with.

  (5)   If:

  (a)   the property is of a kind whose transfer or transmission may be registered under a law of the Commonwealth, of a State or of a Territory; and

  (b)   that law enables the person named in the order to be registered as the owner of that property;

the property does not vest in that person at law until the requirements of the law referred to in paragraph   (a) have been complied with.


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