43Complying approved deposit fund

43 Complying approved deposit fund

An entity is a complying approved deposit fund in relation to a year of income for the purposes of this Division if: (a) at all times during the year of income when the entity was in existence, the entity was a resident approved deposit fund; and (b) any of the following conditions is satisfied: (i) the trustee did not contravene any of the regulatory provisions in relation to the entity in respect of the year of income; (ii) both: (A) the trustee contravened one or more of the regulatory provisions in relation to the entity in respect of the year of income on one or more occasions; and (B) each contravention was rectified within a period of 30 days after the trustee became aware of the contravention or within such further period as APRA allows; (iii) both: (A) the trustee contravened one or more of the regulatory provisions in relation to the entity in respect of the year of income on one or more occasions; and (B) APRA is satisfied that the seriousness or frequency, or both, of the contraventions does not warrant the giving of a notice stating that the entity is not a complying approved deposit fund in relation to the year of income; (iv) APRA, after considering all relevant circumstances, thinks that a notice should be given stating that the entity is a complying approved deposit fund in relation to the year of income.