Document ID: chunk:federal_register_of_legislation:F2022C01042:reg:19
Version: federal_register_of_legislation:F2022C01042
Segment Type: reg
Provision Reference: reg 19
Character Range: 37086–38693

19  Guidelines for asset‑test exempt income stream resulting from the closure of a regulated superannuation fund or sub-fund
  The Secretary may determine that an income stream is an asset‑test exempt income stream for the purposes of the Act if:
 (a) it would have been covered by section 9A(1) or 9B(1) of the Act if paragraph 9A(1)(aa) or subparagraph 9B(1)(a)(i) of the Act did not apply; and
 (b) it is purchased on or after 20 September 2007; and
 (c) it results from another asset‑test exempt income stream (the original income stream) being commuted as a result of the closure of a regulated superannuation fund or sub-fund; and
 (d) it does not result from another asset‑test exempt income stream (the original income stream) being commuted as a result of the closure of a self managed superannuation fund; and
 (e) the original income stream was covered by section 9A or 9B of the Act or would have been covered by those sections if paragraph 9A(1)(aa) or subparagraph 9B(1)(a)(i) of the Act did not apply; and
 (f) the original income stream:
 (i) was purchased before 20 September 2004; or
 (ii) was covered by the 2005 Principles during the period starting on 20 September 2004 and ending at the end of 19 September 2007; or
 (iii) was covered by the 2007 Determination during the period starting on 20 September 2007 and ending at the end of 28 November 2011; or
 (iv) was covered by the 2011 Determination during the period starting on 29 November 2011 and ending at the end of the day immediately prior to the commencement of this Determination; or
 (v) is covered by this Determination.