Document ID: chunk:federal_register_of_legislation:C2025C00134:section:42:p2
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 42 (pt 2/4)
Character Range: 331663–334329

pre‑lodgment period on one or more occasions but the Commissioner of Taxation is satisfied that, because of special circumstances that existed in relation to the fund during the pre‑lodgment period, it would be reasonable for the fund to be treated as if it had satisfied the regulatory provisions; and
 (d) the entity was a resident regulated superannuation fund at all times during the part of the year of income occurring after the end of the pre‑lodgment period; and
 (da) the entity was not a self managed superannuation fund at any time during the year of income; and
 (e) either of the conditions stated in paragraph (1)(b) is satisfied in relation to the entity in respect of the part of the year of income occurring after the end of the pre‑lodgment period.
 (1AB) In determining for the purpose of paragraph (1AA)(c) whether any of the regulatory provisions were contravened in respect of the entity in respect of the pre‑lodgment period, the regulatory provisions are taken to have applied in relation to the entity in respect of that period as if the entity were a resident regulated superannuation fund during that period.
 (1AC) An entity is also a complying superannuation fund in relation to the 1994‑95 year of income or a later year of income if:
 (a) the trustee, or the trustees, of the entity have purported to make an election under subsection 19(4); and
 (b) the requirements of subsections 19(2) to (4) (to the extent that they have not already been complied with) are complied with within 28 days after a trustee of the entity finds out (whether by written notice from the Commissioner of Taxation or otherwise) that they were not complied with, or within such further period, if any, as the Commissioner of Taxation (whether before or after the end of the period of 28 days) allows; and
 (c) except where a trustee of the entity received written notice from the Commissioner of Taxation about the non‑compliance—a trustee of the entity tells the Commissioner of Taxation in writing of the compliance within 7 days after the requirements are complied with or within such further period, if any, as the Commissioner of Taxation (whether before or after the end of the period of 7 days) allows; and
 (d) either of the following conditions is satisfied:
 (i) no trustee of the entity contravened any of the regulatory provisions in relation to the entity in respect of the whole of the period (the rectification period) that began when the trustee, or the trustees, of the entity lodged the purported election under subsection 19(4) and ended when the entity complied with subsections 19(2) to (4);
 (ii) a trustee of the entity contravened one