Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p41
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 41/71)
Character Range: 495613–498348

actuary is not aware, and makes a statement in the certificate that he or she is not aware, of any occurrence between the effective date and the date of signing that would affect the contents of the certificate.

9.12  Period of effect of funding and solvency certificates
 (1) Subject to regulation 9.18, a funding and solvency certificate takes effect from and including the effective date to and including whichever of the following first occurs:
 (a) the expiry date; or
 (b) the date on which the certificate ceases to have effect under subregulation (2).
 (2) A funding and solvency certificate relating to a defined benefit fund ceases to have effect if:
 (a) amounts from the fund are released to an employer‑sponsor of the fund under section 117 of the Act; or
 (b) another funding and solvency certificate takes effect in respect of the fund; or
 (c) a notifiable event occurs in relation to the fund; or
 (d) an employer‑sponsor of the fund fails to pay the contributions relating to the fund in accordance with subregulation 9.08; or
 (e) subparagraphs (2)(a), (b), (c) and (d) do not apply and the superannuation actuary, in the performance of his or her actuarial functions under the Act or these regulations, forms the opinion that the certificate is no longer appropriate and withdraws the certificate by giving written notice of withdrawal to the trustee.

9.13  Effect of notifiable events on funding and solvency certificates
 (1) In this regulation, lapsed certificate means a funding and solvency certificate that, under subregulation (2), has ceased to have effect because of the occurrence of a notifiable event.
 (2) If a notifiable event occurs in relation to a defined benefit fund to which this Division applies:
 (a) the existing funding and solvency certificate in relation to the fund ceases to have effect at the end of the date on which the notifiable event occurs; and
 (b) the trustee of the fund must obtain a new funding and solvency certificate in accordance with this regulation.
 (3) The new funding and solvency certificate must be obtained not later than 3 months after the date on which the notifiable event occurs.
 (4) The new funding and solvency certificate must be of a kind specified by a superannuation actuary at the request of the trustee, being whichever of the following kinds is considered by the superannuation actuary to be most appropriate, taking into account the nature of the notifiable event and its effect on the fund:
 (a) a new funding and solvency certificate having the same contents as the lapsed certificate;
 (b) a new funding and solvency certificate containing such modifications of the lapsed certificate as are specified by the superannuation actuary;
 (c) a new