Document ID: chunk:federal_register_of_legislation:C2022C00095:section:32c:p1
Version: federal_register_of_legislation:C2022C00095
Segment Type: section
Provision Reference: s 32C (pt 1/5)
Character Range: 86863–89438

32C  Contributions that satisfy the choice of fund requirements

Contributions to certain funds
 (1) A contribution to a fund by an employer for the benefit of an employee is made in compliance with the choice of fund requirements if the contribution is made to a fund that, at the time that the contribution is made, is:
 (a) a chosen fund for the employee (see Division 4); or
 (b) if the employee is not a Commonwealth employee who is a member of the CSS or the PSS—an unfunded public sector scheme.

Contributions to stapled funds
 (1A) A contribution to a fund by an employer for the benefit of an employee is made in compliance with the choice of fund requirements if, at the time the contribution is made:
 (a) there is no chosen fund for the employee; and
 (b) the most recent notification to the employer:
 (i) by the Commissioner; and
 (ii) relating to a request by the employer (or by the employer's agent) for the Commissioner to identify any stapled fund for the employee;
  is that the Commissioner is satisfied that the fund is the stapled fund for the employee.

Contributions to certain eligible choice funds
 (2) A contribution to a fund by an employer for the benefit of an employee is made in compliance with the choice of fund requirements if, at the time the contribution is made:
 (a) there is no chosen fund for the employee; and
 (aa) the most recent notification to the employer:
 (i) by the Commissioner; and
 (ii) relating to a request by the employer (or by the employer's agent) for the Commissioner to identify any stapled fund for the employee;
  is that the Commissioner is satisfied that there is no stapled fund for the employee; and
 (b) the fund is an eligible choice fund for the employer; and
 (ba) the fund:
 (i) is specified under section 32P in the standard choice form provided as the fund to which the employer will contribute for the benefit of the employee if the employee does not make a choice or will be so specified within the time specified in section 32N for the provision of a standard choice form to the employee; or
 (ii) if the employer has not contributed, and cannot contribute, to a fund (the first employer fund) that was so specified or that was purportedly so specified—will be so specified within 28 days of the employer becoming aware that the employer cannot contribute to the first employer fund; and
 (c) a class of beneficial interest in the fund is a MySuper product within the meaning of the Superannuation Industry (Supervision) Act 1993; and
 (d) the fund complies with the requirements (if any) set out