Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p58
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 58/71)
Character Range: 538120–540741

to a foreign superannuation fund;
 (b) a limitation on the contribution of an asset in a form other than money;
 (c) a limitation in relation to a contribution by a non‑associated employer to:
 (i) a MySuper product that is authorised because section 29TB of the Act is satisfied; or
 (ii) a corporate MySuper product.
 (2) In this regulation:
corporate MySuper product has the meaning given by subsection 23A(3) of the Fair Work Act 2009.
foreign superannuation fund has the meaning given by section 995‑1 of the 1997 Tax Act.
non‑associated employer means a person who is not:
 (a) an employer of the person who holds the MySuper product; or
 (b) an employer associated with the employer of the person who holds the MySuper product.

9.49  Opt‑out insurance for MySuper members cannot be obtained at reasonable cost
  For subsection 68AA(7) of the Act, the circumstances are that the trustee certifies, in writing, that the trustee is reasonably satisfied the risk that is to be insured cannot:
 (a) be placed with an insurer at a reasonable cost; or
 (b) be provided on an opt‑out basis.

9.50  Capped fees and costs
 (1) This regulation is made for the purposes of paragraph 99G(3)(c) of the Act.
 (2) The amount prescribed as part of the capped fees and costs charged to a member of a regulated superannuation fund in relation to a MySuper product or choice product for a year of income of the fund is so much of the indirect cost of the MySuper product or the choice product for the year that is required to be reported to the member under section 1017D of the Corporations Act 2001 as:
 (a) is not charged to the member as a fee; and
 (b) is incurred by the trustee or the trustees of the fund in relation to the year; and
 (c) relates to the administration of the fund or investment of the assets of the fund.

9.51  Fee cap percentage
  For the purposes of subsection 99G(4) of the Act, the fee cap percentage is 3%.
Note: The fee cap percentage prescribed in this regulation would also apply in relation to subsections 99G(2) and (5) of the Act as those subsections are affected by item 20 of Schedule 1 to the Treasury Laws Amendment (Protecting Your Superannuation Package) Act 2019.

Part 9AB—Annual performance assessments etc.

Division 9AB.1—Preliminary

9AB.1  Definitions
  In this Part:
actual return has the meaning given by regulations 9AB.11 and 9AB.12.
adjusted index has the meaning given by subregulation 9AB.5A(7).
administration fee cap, of a Part 6A product in relation to a financial year, means the Part 6A product's fee cap (for the administration fee type of fee) in relation to the end of