Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5j:p5
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5J (pt 5/8)
Character Range: 103219–105874

(unless the fund is a foreign superannuation fund):
 (i) a fund to which paragraph 23(jaa), or section 23FC, 121CC or 121DAB, of the Income Tax Assessment Act 1936 (as in force at any time before the commencement of section 1 of the Taxation Laws Amendment Act (No. 2) 1989) has applied in relation to any tax year;
 (ii) a fund to which paragraph 23(ja), or section 23F or 23FB, of the Income Tax Assessment Act 1936 (as in force at any time before the commencement of paragraph (a) of the definition of superannuation fund in former subsection 27A(1) of the Income Tax Assessment Act 1936) has applied in relation to the tax year that started on 1 July 1985 or an earlier tax year;
 (iii) a fund to which section 79 of the Income Tax Assessment Act 1936 (as in force at any time before 25 June 1984) has applied in relation to the tax year that started on 1 July 1983 or an earlier tax year.
Note: For foreign superannuation fund see subsection 5L(1).
unlisted public security means:
 (a) a share in a public company; or
 (b) another security;
that is not listed on a stock exchange.
 (1A) Subject to subsections (1B) and (1C), an investment is a managed investment for the purposes of this Act if:
 (a) the money or property invested is paid by the investor directly or indirectly to a body corporate or into a trust fund; and
 (b) the assets that represent the money or property invested (the invested assets) are not held in the names of investors; and
 (c) the investor does not have effective control over the management of the invested assets; and
 (d) the investor has a legally enforceable right to share in any distribution of income or profits derived from the invested assets.
 (1B) Without limiting the generality of subsection (1A) but subject to subsection (1C), the following are managed investments for the purposes of this Act:
 (a) an investment in a public unit trust;
 (b) an investment in an insurance bond;
 (c) an investment with a friendly society;
 (d) an investment in a superannuation fund;
 (e) an investment in an approved deposit fund;
 (g) an investment in an ATO small superannuation account;
 (h) an asset‑tested income stream (lifetime) that does not arise under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993.
Note 1: For paragraph (d), see paragraph (1C)(a) for superannuation investments held before pension age is reached.
Note 2: For paragraph (e), see paragraph (1C)(b) for investments in approved deposit funds held before pension age is reached.
Note 4: For paragraph (g), see paragraph (1C)(ca) for investments in ATO small superannuation accounts held before pension age