Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:8:p36
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 8 (pt 36/41)
Character Range: 722611–725257

For the purposes of subsection 290(7) of the Act, it is a prescribed manner of authentication of a written record of an examination mentioned in the subsection if:
 (a) the written record is produced as soon as practicable after the conclusion of the examination; and
 (b) the written record is endorsed by a person (the endorser) other than the person examined at the examination; and
 (c) the endorser:
 (i) was present throughout the examination; and
 (ii) reads and endorses the written record as soon as practicable after it is produced; and
 (d) the endorsement:
 (i) is to the effect that the record is a true record of what was said in the examination; and
 (ii) is signed and dated by the endorser.

Division 13.3A—In‑house assets of superannuation funds

13.22A  Definitions for Division 13.3A
  In this Division:
business real property has the meaning given in subsection 66(5) of the Act.
lease arrangement means any agreement, arrangement or understanding in the nature of a lease (except a lease) under which one party is to use, or control the use of, property of another party, whether or not the agreement, arrangement or understanding is enforceable, or intended to be enforceable, by legal proceedings.
trustee, of a unit trust, means a trustee acting in the capacity of trustee.

13.22B  Assets held at commencement of Division 13.3A (Act s 71)
 (1) This regulation applies to an asset of a superannuation fund that:
 (a) is an investment in a company or unit trust; and
 (b) was acquired by the fund before the commencement of this Division; and
 (c) is not affected by subregulation 13.22D(3).
 (2) For subparagraph 71(1)(j)(ii) of the Act, the asset is not an in‑house asset of the superannuation fund if, when this Division commences:
 (a) the superannuation fund has fewer than 5 members; and
 (b) the company, or a trustee of the unit trust, is not a party to a lease with a related party of the superannuation fund, unless the lease relates to business real property; and
 (c) the company, or a trustee of the unit trust, is not a party to a lease arrangement with a related party of the superannuation fund, unless the lease arrangement:
 (i) is legally binding; and
 (ii) relates to business real property; and
 (d) the company, or a trustee of the unit trust, is not a party to a lease, or lease arrangement, with another party in relation to an asset that is the subject of another lease or lease arrangement between any party and a related party of the superannuation fund (unless the asset is business real property); and
 (e) the company, or a trustee of the unit trust, does not have outstanding borrowings; and