Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:7:p26
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 7 (pt 26/39)
Character Range: 1168135–1170734

fund (for example, trailing commission).

7.9.02  Sub‑plans
 (1) This regulation applies if the trustee of a regulated superannuation fund proposes to make a determination as to whether a sub‑plan should be made.
 (2) In making a determination, the trustee must have regard to all relevant matters, including each of the following:
 (a) whether there is a common factor in a segment of the fund (for example, whether a group of members of the fund have the same employer);
 (b) whether the governing rules of the fund provide for a particular segment to be a sub‑plan.
 (3) For subsection 1017C(9) of the Act, the sub‑plan is a relevant sub‑plan.
 (4) For paragraph 761E(7)(a) of the Act, if:
 (a) a person is a member of a superannuation fund in relation to a sub‑plan; and
 (b) either:
 (i) the person's membership changes to membership in relation to another sub‑plan; or
 (ii) the person holds interests in 2 or more sub‑plans at the same time;
the change to membership in relation to the other sub‑plan is taken to be the issue of a new interest in the superannuation fund.
 (5) For paragraph 1020G(1)(c) of the Act, Part 7.9 of the Act is modified in its application in relation to the fund (including a sub‑plan) as set out in Part 1 of Schedule 10A.

7.9.02A  Alternative ways of giving Statement
 (1) For subsection 1015C(4) of the Act, the following are alternative ways of giving a Statement to a person:
 (a) making the Statement available to the person in any way that:
 (i) is agreed to by the person; and
 (ii) allows the regulated person to be satisfied, on reasonable grounds, that the person has received the Statement;
 (b) making the Statement available to the person's agent in any way that:
 (i) is agreed to by the agent; and
 (ii) allows the regulated person to be satisfied, on reasonable grounds, that the agent has received the Statement.
 (2) If a provision of the Act or these Regulations imposes additional requirements in relation to a matter in subregulation (1), the alternative way of giving a Statement is subject to the requirements.
Note: Regulation 7.9.02B is an example of an additional requirement.

7.9.02B  Product Disclosure Statement in electronic form
 (1) For paragraph 1015C(5)(b) of the Act, a statement that is to be given in electronic form must, as far as practicable, be presented in a way that will allow the person to whom it is given to keep a copy of it so that the person can have ready access to it in the future.
 (2) A statement that is to be given in electronic form must be presented in a way that clearly identifies the information that