40Notices by the Regulator to trustee

40 Notices by the Regulator to trustee

Notice about complying fund status (1) The Regulator may give a written notice to a trustee of an entity stating: (a) whether the entity is or is not a complying superannuation fund; or (b) whether the entity is or is not a complying approved deposit fund; or (c) whether the entity is or is not a pooled superannuation trust; as the case may be, in relation to a year of income specified in the notice. Reasons (2) If the Regulator gives a notice to a trustee of an entity stating that: (a) the entity is not a complying superannuation fund; or (b) the entity is not a complying approved deposit fund; or (c) the entity is not a pooled superannuation trust; as the case may be, in relation to a year of income, the notice must set out the reasons why the Regulator so stated. Commissioner of Taxation to be told about notice (3) When the APRA gives a notice under this section, APRA must give particulars of the notice to the Commissioner of Taxation.

Note: A statement of the tax file number of the entity may accompany the particulars of the notice. See subsection 299U(3).

Revocation (4) If: (a) the Regulator gives a notice under this section (the original notice) to a trustee of an entity stating that: (i) the entity is a complying superannuation fund; or (ii) the entity is a complying approved deposit fund; or (iii) the entity is a pooled superannuation trust; as the case may be, in relation to a year of income; and (b) the Regulator subsequently gives a notice under this section (the second notice) to a trustee of the entity stating that: (i) the entity is not a complying superannuation fund; or (ii) the entity is not a complying approved deposit fund; or (iii) the entity is not a pooled superannuation trust; as the case may be, in relation to the year of income; the second notice is taken to revoke the original notice.

Note: Because “the Regulator” is whichever of APRA or the Commissioner of Taxation is administering this provision in respect of a fund, a notice given by one of those Regulators could revoke a notice given by the other Regulator. This might happen if a fund became, or stopped being, a self managed superannuation fund after the first notice was given.