Commonwealth Consolidated Regulations

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SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994 - REG 1.04AA

Self managed superannuation funds--persons not taken to be employees (Act s 17A(8))

  (1)   For the purposes of paragraph   17A(8)(b) of the Act, a class of persons is a specified class if it comprises persons each of whom is, in relation to a member of a superannuation fund, an exempt person mentioned in subregulation   (2).

  (2)   A person is an exempt person in relation to a member of a superannuation fund if:

  (a)   the person is an employer - sponsor of the fund; and

  (b)   the member is a director of the employer - sponsor.

  (3)   For the purposes of paragraph   17A(8)(b) of the Act, a class of persons is a specified class if it comprises persons each of whom is a member of a superannuation fund in relation to which the following circumstances exist:

  (a)   the person is the employer, but not a relative, of a member of the fund (the employee );

  (b)   another member is the employer, and a relative, of that employee.



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