Superannuation Industry (Supervision) Act 1993
68DVoting by an individual trustee—governing rules
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68D Voting by an individual trustee—governing rules
(1) This section applies to a regulated superannuation fund, other than a self managed superannuation fund, of which the trustee, or each of the trustees, is an individual. (2) A provision in the governing rules in the fund is void to the extent that it purports to preclude a trustee of the fund from voting on a matter relating to the fund. Exception (3) Subsection (2) does not apply to a provision in the governing rules of the fund to the extent that the provision: (a) precludes a trustee of the fund from voting on a matter in which the trustee has a material personal interest; or (b) otherwise relates to voting by a trustee of the fund on a matter in which the trustee has a material personal interest; or (c) precludes a trustee of the fund from voting where there is a conflict of a kind described in paragraph 52(2)(d); or (d) otherwise relates to voting by a trustee of the fund where there is a conflict of a kind described in paragraph 52(2)(d); or (e) precludes a trustee of the fund from exercising a casting vote; or (f) ensures compliance by a trustee of the fund with a prudential standard that deals with conflicts of interest or duty.