60Instruments relating to superannuation

#### 60 Instruments relating to superannuation 60 Instruments relating to superannuation > > (1) The following instruments are liable to duty of $20 if they were first executed before 1 July 2001— > > > > > (a) an instrument that establishes, or that amends provisions governing, a superannuation fund, an approved deposit fund, a pooled superannuation trust or an eligible rollover fund, being a fund or trust that, in the opinion of the trustees, will be a complying superannuation fund, a complying approved deposit fund, a pooled superannuation trust or an eligible rollover fund within 12 months after the instrument or amending instrument takes effect, > > > > > (b) an instrument under which an employer agrees to participate in or contribute to a complying superannuation fund or a superannuation fund that, in the opinion of the trustees, will become a complying superannuation fund within 12 months after the employer agrees to participate in or contribute to the fund, > > > > > (c) an instrument that is executed in order to set out or vary the terms of custodial arrangements concerning a complying superannuation fund, a complying approved deposit fund, a pooled superannuation trust or an eligible rollover fund (whether or not the instrument contains any other terms) or concerning a fund or trust that, in the opinion of the trustees, will be a complying superannuation fund, a complying approved deposit fund, a pooled superannuation trust or an eligible rollover fund within 12 months after the instrument takes effect. > > > (2) A liability for duty charged by this section arises when the instrument is first executed. > > > (3) The persons liable to pay the duty are the parties to the instrument. > > > (4) The duty may be denoted by adhesive stamp. > > > (5) Despite subsection (1), an instrument to which this section applies is not liable to duty if— > > > > > (a) it is exempt from duty under a corresponding Act, or > > > > > (b) the duty for which it is liable under a corresponding Act has been paid. > > **s 60:** Am 2001 No 39, Sch 2 \[1\].