62ZZJCircumstances in which provider of fidelity fund scheme taken to be insolvent

#### 62ZZJ Circumstances in which provider of fidelity fund scheme taken to be insolvent 62ZZJ Circumstances in which provider of fidelity fund scheme taken to be insolvent > > (1) The Minister may, with the approval of the Treasurer, by order published in the Gazette, declare that a provider that is a fidelity fund scheme is insolvent if the Minister is satisfied that— > > > > > (a) a liquidator or provisional liquidator has been appointed in respect of the provider, or > > > > > (b) the provider has been dissolved, or > > > > > (c) there are insufficient funds in the fidelity fund scheme to meet any claims. > > > (2) For the purposes of section 104D (2) of the Act, the provider of a fidelity fund is taken to be insolvent for the purposes of Part 6A of the Act if— > > > > > (a) the Minister has made an order under subclause (1) in respect of the provider, or > > > > > (b) the Treasurer has made an under section 16A of the [Insurance Protection Tax Act 2001](/view/html/inforce/current/act-2001-040) in respect of the provider. > > **pt 6C, divs 2–4 (cll 62ZZE–62ZZJ):** Ins 2017 (705), Sch 1 \[18\].