Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:8:p38
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 8 (pt 38/41)
Character Range: 727317–729822

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
 (f) the assets of the company or unit trust do not include:
 (i) an interest in another entity; or
 (ii) a loan to another entity, unless the loan is a deposit with an authorised deposit‑taking institution within the meaning of the Banking Act 1959; or
 (iii) an asset over, or in relation to, which there is a charge; or
 (iv) an asset that was acquired from a related party of the superannuation fund after 11 August 1999, unless the asset was business real property acquired at market value; or
 (v) an asset that had been at any time (unless it was business real property acquired by the company, or a trustee of the unit trust, at market value) an asset of a related party of the superannuation fund since the later of:
 (A) the end of 11 August 1999; and
 (B) the day 3 years before the day on which the fund first acquired an interest in the company or unit trust.
 (3) In subparagraphs (2)(f)(iv) and (v):
asset does not include:
 (a) money; or
 (b) in relation to a company, a share in the company.

13.22D  When regulations 13.22B and 13.22C cease to apply to assets
 (1) If regulation 13.22B or 13.22C applies to an asset, that regulation ceases to apply to the asset if any of the following events happens:
 (a) the number of members of the superannuation fund increases to more than 6;
 (b) either of the following becomes an asset of the company or unit trust:
 (i) an interest in another entity;
 (ii) a loan to another entity, unless the loan is a deposit with an authorised deposit‑taking institution within the meaning of the Banking Act 1959;
 (c) the company, or a trustee of the unit trust:
 (i) borrows money; or
 (ii) gives, or allows to be given, a charge over, or in relation to, an asset of the company or unit trust;
 (d) the company, or a trustee of the unit trust, conducts a business;
 (e) the company, or a trustee of the unit trust, becomes a party to a lease with a related party of the superannuation fund, unless the lease relates to business real property;
 (f) the company, or a trustee of the unit trust, becomes 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;
 (g) if the company, or a trustee of the unit