Benefits in connection with retirement from board or managerial office
(1)
The following must not give a person a benefit in connection with that
person's, or someone else's, retirement from a board or managerial office in a
company, or a related body corporate, without member approval under
section 200E:
- (a)
- the company;
- (b)
- an associate of the company (other than a body corporate that is related
to the company and is itself a company);
- (c)
- a prescribed superannuation fund in relation to the company.
- Note 1: Sections 200F, 200G and 200H provide for exceptions to this rule.
Note 2: Section 9 defines board or managerial office .
Prescribed superannuation funds
(2) For the purposes of this section:
- (a)
- a
superannuation fund is taken to be a prescribed superannuation fund in
relation to a company if the company, or an associate of the company, gives a
benefit to the superannuation fund in prescribed circumstances; and
- (b)
- if a prescribed superannuation fund in relation to a company gives a
benefit to another superannuation fund in prescribed circumstances, the other
superannuation fund is taken to be a prescribed superannuation fund in
relation to the company.
Prescribed circumstances
(3) For the purposes of this section, if:
- (a)
- a
company, or an associate of a company, gives a benefit to a
superannuation fund solely for the purpose of enabling or assisting the
superannuation fund to give to a person a benefit in connection with a
person's retirement from an office in the company or a related body corporate;
or
- (b)
- a superannuation fund gives a benefit to another superannuation fund
solely for the purpose of enabling or assisting the other superannuation fund
to give to a person a benefit in connection with a person's retirement from an
office in a company or a related body corporate;
the benefit first referred to in paragraph (a) or (b) is taken to be
given in prescribed circumstances.
(4) In this section:
"superannuation fund" means a provident, benefit, superannuation or retirement
fund.