Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:8:p7
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 8 (pt 7/9)
Character Range: 217839–220761

governing rules of a superannuation entity other than a self managed superannuation fund may be amended are:
 (a) where, after the making of the amendment:
 (i) the fund (if a defined benefit fund) would not become technically insolvent within the meaning of subregulation 9.06(3); or
 (ii) the fund (if an accumulation fund) would not become technically insolvent within the meaning of subregulation 9.35(3); and
 (b) where the amendment could have been made by the trustee without contravening the Act (other than section 55) or these regulations; and
 (c) where the amendment qualifies under subregulation (2).
 (2) An amendment qualifies if:
 (a) the contributions of the employer‑sponsor to the fund include contributions that are not mandated employer contributions (within the meaning of Part 5) and the amendment relates solely to either or both of the following:
 (i) those non‑mandated employer contributions; or
 (ii) benefits related to those non‑mandated employer contributions; or
 (b) whether or not paragraph (a) applies—the amendment relates solely to one or more of the following:
 (i) the admission of new members to the fund; or
 (ii) the category of members into which a new member or existing member is to be placed; or
 (iii) allowing a person to become an employer‑sponsor of the fund; or
 (iv) the termination of the fund; or
 (v) the appointment of a trustee to an entity that does not have a trustee.

4.06  Removal of member representatives—prescribed circumstances
 (1) For the purposes of sub‑subparagraph 107(2)(a)(ii)(G) of the Act, the circumstances stated in subregulation (2) are prescribed as circumstances in which member representatives referred to in subparagraph 107(2)(a)(ii) of the Act can be removed other than by the same procedure by which they were appointed.
 (2) The circumstances referred to in subregulation (1) are:
 (a) if the member representative resigns from the position of trustee, director of the trustee or representative on a policy committee; or
 (b) if the member representative's tenure of that position expires; or
 (c) if the member representative ceases to be a member of the fund; or
 (d) if the member representative ceases to satisfy a condition that the member representative was required to satisfy to be eligible for appointment.

4.07  Removal of independent trustee or independent member—prescribed circumstances
 (1) For the purposes of subparagraph 108(2)(a)(v) of the Act, the circumstances stated in subregulation (2) are prescribed as circumstances in which an additional independent trustee or additional independent director (the office‑holder) referred to in paragraph 108(2)(a) of the Act can be removed other than by the same procedure by which they were appointed.
 (2) The circumstances referred to in subregulation (1) are:
 (a) if the office‑holder resigns from office; or
 (b) if the office‑holder's tenure of office expires; or
 (c)