Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of paragraph 58(2)(e) of the Act, the circumstances in which the governing rules of a superannuation entity (other than a superannuation fund with no more than 6 members) may permit an employer - sponsor or an associate of an employer - sponsor to give a direction to the trustee of an employer - sponsored fund are:
(a) where, after the implementation of the direction:
(i) the fund (if a defined benefit fund) would not become technically insolvent within the meaning of subregulation 9.06(3); or
(ii) the fund (if an accumulation fund) would not become technically insolvent within the meaning of subregulation 9.35(3); and
(b) where the direction would not require the trustee to contravene the Act (other than section 55) or these regulations; and
(c) where the direction qualifies under subregulation (2).
(2) A direction qualifies if:
(a) the contributions of the employer - sponsor to the fund include contributions that are not mandated employer contributions (within the meaning of Part 5) and the direction relates solely to either or both of the following:
(i) those non - mandated employer contributions; or
(ii) benefits related to those non - mandated employer contributions; or
(b) whether or not paragraph (a) applies--the direction relates solely to one or more of the following:
(i) the admission of new members to the fund; or
(ii) the category of members into which a new member or existing member is to be placed; or
(iii) allowing a person to become an employer - sponsor of the fund; or
(iv) the termination of the fund; or
(v) the appointment of a trustee to an entity that does not have a trustee.