Document ID: chunk:federal_register_of_legislation:C2004A04637:body:0:p15
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Section 6 of the Principal Act is amended by omitting from subsection (6) all the words after "inconsistent" and substituting the following word and paragraphs:

"with:

     (c) regulations made under a provision of the Occupational Superannuation Standards Act 1987, as that provision:

        (i) applies to a fund for a year of income earlier than the 1994-95 year of income; or

        (ii) continues to apply, despite its repeal, because of the Occupational Superannuation Standards Amendment Act 1993; or

     (d) the Superannuation Industry (Supervision) Act 1993 or regulations under that Act; or

     (e) the Superannuation Entities (Taxation) Act 1987 or regulations under that Act; or

  (f) Division 14 of Part III of the Income Tax Assessment Act 1936.".

PART 11—AMENDMENT OF THE SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992

Principal Act

54. In this Part, "Principal Act" means the Superannuation Guarantee (Administration) Act 199210.

Interpretation: general

55. Section 6 of the Principal Act is amended by omitting from subsection (1) the definition of "superannuation fund" and substituting the following definition:

" 'superannuation fund' has the same meaning as in the Superannuation Industry (Supervision) Act 1993;".

Certain benefit certificates presumed to be certificates in relation to complying superannuation scheme

  56. Section 24 of the Principal Act is amended:

    (a) by omitting from subsections (1) and (2) "subsections (3) and (4)" and substituting "subsection (4)";

    (b) by omitting subparagraph (1)(a)(i) and (ii) and substituting the following subparagraphs:

        "(i) is a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; and

        (ii) is not subject to a direction under section 63 of the Superannuation Industry (Supervision) Act 1993; and

        (iii) has not been subject to such a direction at any time since the beginning of the day on which the benefit certificate is expressed to take effect; or";

  (c) by omitting subsection (3);

     (d) by omitting from subsection (4) "operating while in breach of a superannuation fund condition under the Occupational Superannuation Standards Act 1987" (wherever occurring) and substituting "not a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 or is operating while in breach of that Act or regulations under that Act";

  (e) by inserting after subsection (4) the following subsection:

    "(4A) Section 39 of the Superannuation Industry (Supervision) Act 1993 applies for the purposes of subsection (4) of this section in a corresponding way to the way in which it applies for the purposes of Division 2 of Part 5 of that Act.".

Certain contributions presumed to be contributions to complying superannuation fund

  57. Section 25 of the Principal Act is amended:

    (a) by omitting from subsection (1) all the words after "the time the contribution is" and substituting the following words and paragraphs:

     "made, the