Document ID: chunk:federal_register_of_legislation:C2025C00134:section:10:p18
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 10 (pt 18/19)
Character Range: 98467–101131

made.
superannuation entity director has the meaning given by subsection 52A(7).
superannuation fund means:
 (a) a fund that:
 (i) is an indefinitely continuing fund; and
 (ii) is a provident, benefit, superannuation or retirement fund; or
 (b) a public sector superannuation scheme.
superannuation interest means a beneficial interest in a superannuation entity.
suspended SMSF auditor means a person for whom an order suspending a person's registration as an approved SMSF auditor is in force under section 130F.
switching fee has the meaning given by subsection 29V(5).
taxation officer means:
 (a) a Second Commissioner of Taxation; or
 (b) a Deputy Commissioner of Taxation; or
 (c) a person engaged under the Public Service Act 1999, or an officer or employee of an authority of the Commonwealth, performing duties in the Australian Taxation Office; or
 (d) a person engaged to provide services relating to the Australian Taxation Office.
trustee, in relation to a fund, scheme or trust, means:
 (a) if there is a trustee (within the ordinary meaning of that expression) of the fund, scheme or trust—the trustee; or
 (b) in any other case—the person who manages the fund, scheme or trust.
unit trust means:
 (a) a unit trust within the meaning of Division 6C of Part III of the Income Tax Assessment Act 1936 (whether established by a law of the Commonwealth or of a State or Territory, by a government agency or otherwise); or
 (b) the trustee of such a trust;
as appropriate.
value means market value, and includes amount.
virtual meeting technology has the same meaning as in the Corporations Act 2001.
year of income has the same meaning as in the Income Tax Assessment Act 1936.
 (1A) The regulations may prescribe:
 (a) circumstances in which a member of a superannuation fund is not a defined benefit member for the purposes of this Act, or a provision of this Act; and
 (b) circumstances in which a member of a superannuation fund who is not otherwise a defined benefit member for the purposes of this Act, or a provision of this Act, is to be taken to be a defined benefit member for the purposes of this Act, or that provision.
 (2) For the purposes of paragraph (b) of the definition of independent director in subsection (1), a director of a corporate trustee of a fund that is also an employer‑sponsor of the fund is not taken to be an associate of that employer‑sponsor by reason only of being such a director.
 (3) Without limiting the meaning of the expression member in this Act, that expression, in relation to a self managed superannuation fund, includes a person:
 (a) who receives a pension from the fund; or
 (b) who has deferred his or