Document ID: chunk:federal_register_of_legislation:C2025C00134:section:60d:p1
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 60D (pt 1/2)
Character Range: 413215–415974

60D  Requirements for assessment

Meeting requirements specified in regulations
 (1) The requirement in this subsection is met for a Part 6A product in relation to a financial year if:
 (a) where the Part 6A product is in a class of Part 6A products specified in regulations made for the purposes of this subsection—the requirements (if any) specified in regulations made for the purposes of this subsection for that class of Part 6A product are met for the Part 6A product in relation to the financial year; or
 (b) the Part 6A product is not in a class of Part 6A products specified in regulations made for the purposes of this subsection.

Requirements specified in regulations
 (2) Regulations made for the purposes of subsection (1) may specify requirements in respect of:
 (a) investment returns; and
 (b) any other matter (whether or not related to investment returns).
 (3) The investment returns mentioned in paragraph (2)(a) may be investment returns net of fees and/or tax.
 (4) Regulations made for the purposes of subsection (1) may do any of the following:
 (a) specify requirements that depend on the exercise of a discretion by APRA;
 (b) if the regulations specify requirements that depend on the exercise of such a discretion—specify matters that APRA must or may take into account in exercising that discretion;
 (c) if the regulations specify requirements that depend on the exercise of such a discretion—allow APRA to make specified assumptions in exercising that discretion.

Comparing actual return and benchmark return
 (5) Regulations made for the purposes of subsection (1) may specify requirements based on a comparison of the actual return for a Part 6A product for a period with a benchmark return for the Part 6A product, or a class of Part 6A products, for the period.

Methods for determining return—general
 (6) In specifying requirements mentioned in subsection (5), regulations made for the purposes of subsection (1) may:
 (a) specify one or more methods for determining the actual return for a Part 6A product, or a class of Part 6A products, for a period; and
 (b) specify one or more methods for determining the benchmark return for a Part 6A product, or a class of Part 6A products, for a period.

Methods for determining return—assumptions
 (7) In specifying a method or methods mentioned in subsection (6), regulations made for the purposes of subsection (1) may:
 (a) specify assumptions to be made in applying that method or methods; and
 (b) allow APRA to determine, by legislative instrument, specified alternative assumptions that:
 (i) are to be made in applying that method or methods; and
 (ii) replace one or more of the assumptions mentioned in paragraph (a); and
 (c) require specified conditions to be met