Document ID: chunk:federal_register_of_legislation:C2021A00046:clause:2_60d:p2
Version: federal_register_of_legislation:C2021A00046
Segment Type: clause
Provision Reference: sch 2 cl 60D (pt 2/2)
Character Range: 27349–29256

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 before APRA can make such a determination.
 (8) The assumptions mentioned in subsection (7) may include assumptions as to any of the following matters:
 (a) rates of fees for a period;
 (b) rates of taxation for a period;
 (c) any other matter (whether or not related to a matter mentioned in paragraphs (a) and (b)).

Methods for determining return—regulations to replace assumptions
 (9) Subsections (10) and (11) apply if:
 (a) APRA makes a determination mentioned in paragraph (7)(b) that specifies an assumption (the earlier assumption); and
 (b) the earlier assumption is to be made in applying a method or methods in relation to a matter in respect of a period (the relevant period).
 (10) Regulations made for the purposes of subsection (1) may later specify an assumption (the later assumption) that:
 (a) is to be made in applying that method or methods in relation to that matter in respect of the relevant period; and
 (b) replaces the earlier assumption.
 (11) However, if the regulations mentioned in subsection (10) are made after the end of the relevant period, the later assumption must be the same as the earlier assumption.

Scope of regulations not limited
 (12) Subsections (2) to (11) do not limit the scope of regulations that may be made for the purposes of subsection (1).

Incorporation by reference
 (13) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of subsection (1) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.