Document ID: chunk:federal_register_of_legislation:C2025C00162:section:9:p5
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 9 (pt 5/8)
Character Range: 124106–126634

(within the meaning of the Income Tax Assessment Act 1997) that is not a complying superannuation fund mentioned in paragraph (a) in relation to any tax year; or
 (c) a scheme for the payment of benefits upon retirement or death that is constituted by or under a law of the Commonwealth or of a State or Territory; or
 (d) an RSA within the meaning of the Retirement Savings Accounts Act 1997; or
 (e) any of the following funds (unless the fund is a foreign superannuation fund within the meaning of the Income Tax Assessment Act 1997):
 (i) a fund to which paragraph 23(jaa), or section 23FC, 121CC or 121DAB, of the Income Tax Assessment Act 1936 (as in force at any time before the commencement of section 1 of the Taxation Laws Amendment Act (No. 2) 1989) has applied in relation to any tax year;
 (ii) a fund to which paragraph 23(ja), or section 23F or 23FB, of the Income Tax Assessment Act 1936 (as in force at any time before the commencement of paragraph (a) of the definition of superannuation fund in former subsection 27A(1) of the Income Tax Assessment Act 1936) has applied in relation to the tax year that started on 1 July 1985 or an earlier tax year;
 (iii) a fund to which section 79 of the Income Tax Assessment Act 1936 (as in force at any time before 25 June 1984) has applied in relation to the tax year that started on 1 July 1983 or an earlier tax year.
unlisted public security means:
 (a) a share in a public company; or
 (b) another security;
that is not listed on a stock exchange.
 (1A) Subject to subsections (1B) and (1C), an investment is a managed investment for the purposes of this Act if:
 (a) the money or property invested is paid by the investor directly or indirectly to a body corporate or into a trust fund; and
 (b) the assets that represent the money or property invested (the invested assets) are not held in the names of investors; and
 (c) the investor does not have effective control over the management of the invested assets; and
 (d) the investor has a legally enforceable right to share in any distribution of income or profits derived from the invested assets.
 (1B) Without limiting the generality of subsection (1A) but subject to subsection (1C), the following are managed investments for the purposes of this Act:
 (a) an investment in a public unit trust;
 (b) an investment in an insurance bond;
 (c) an investment with a friendly society;
 (d) an investment in a superannuation fund;
 (e) an investment in an approved deposit fund;
 (g) an investment in an ATO small