Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:8:p29
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 8 (pt 29/41)
Character Range: 705259–707954

the alteration has been approved by at least two‑thirds of all of the beneficiaries of the fund who are affected by it, in accordance with the procedures specified in subregulation (4); or
 (B) subject to subregulation (5), if, in accordance with section 89 of the Act, the fund complies with the basic equal representation rules, the alteration has been approved by at least two‑thirds of the total number of trustees or, if the fund has a single corporate trustee, by two‑thirds of the directors of the corporate trustee; or
 (b) the alteration is necessary for compliance with:
 (i) the Act, the Income Tax Act 1986, the Superannuation (Unclaimed Money and Lost Members) Act 1999, the Tax Act or the 1997 Tax Act; or
 (ii) regulations made under any of those Acts; or
 (c) the alteration is expressly permitted by the Act or these regulations; or
 (d) the alteration:
 (i) is solely for the purpose of rectifying a mistake which has resulted in a beneficiary's right or claim to accrued benefits, or the amount of the beneficiary's accrued benefits, being advantageously altered; and
 (ii) the Regulator has approved the alteration; or
 (e) the alteration:
 (i) affects only the benefits of members in respect of whom assessments under section 15 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997 have been made; and
 (ii) serves to enable the trustee:
 (A) to be reimbursed for an amount paid, or to be paid, under that Act and the Superannuation Contributions Tax (Imposition) Act 1997; or
 (B) in relation to an amount paid before reimbursement occurs—to charge interest on the amount paid; or
 (f) the alteration is made:
 (i) to give effect to a payment split; or
 (ii) as a consequence of the trustee taking action that, because of Division 2.2 of the Family Law (Superannuation) Regulations 2001, has the effect that a future payment in respect of the superannuation interest of the member spouse would not be a splittable payment; or
 (iii) as a consequence of the operation of a fund's governing rules that, because of Division 2.2 of the Family Law (Superannuation) Regulations 2001, has the effect that a future payment in respect of the superannuation interest of the member spouse would not be a splittable payment; or
 (g) the alteration enables the trustee to be reimbursed for an amount paid, or to be paid, under section 24 of the Co‑contribution Act.
 (3) A consent referred to in subparagraph (2)(a)(i) is not effective for the purposes of this regulation unless, before the consent is given:
 (a) the trustee of the fund has given to the beneficiary a notice that:
 (i) informs the beneficiary that it is proposed that the beneficiary's right or