4ADefinition of widely‑held complying superannuation fund

4A Definition of widely‑held complying superannuation fund

(1) For the purposes of this Act, a fund is a widely‑held complying superannuation fund if: (a) it has 5 or more members; and (b) it satisfies the test in either subsection (2) or (3). Resident funds (2) A fund satisfies the test in this subsection at a particular time during a year of income of the fund (within the meaning of the Income Tax Assessment Act 1936) if it is a complying superannuation fund for the purposes of the Income Tax Assessment Act 1997 in relation to the year of income. Non‑resident funds (3) A fund satisfies the test in this subsection if: (a) it is a superannuation fund (within the meaning of the Superannuation Industry (Supervision) Act 1993); and (b) it is a foreign superannuation fund (within the meaning of the Income Tax Assessment Act 1997); and (c) it is established for the sole or principal purpose of providing retirement benefits for its members; and (d) it complies with the applicable laws of a foreign country that regulate funds established for that purpose.