Document ID: chunk:federal_register_of_legislation:C2025C00134:section:49:p1
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 49 (pt 1/2)
Character Range: 356360–359000

49  Transitional—notices under the repealed provisions of the Occupational Superannuation Standards Act 1987

Superannuation funds—positive
 (1) For the purposes of paragraph 41(2)(b) and this Division, if:
 (a) a notice under repealed section 12 or 13 of the Occupational Superannuation Standards Act 1987 stated that the Commissioner is satisfied that:
 (i) a fund satisfied the superannuation fund conditions in relation to a year of income; or
 (ii) a fund should be treated as if it had satisfied the superannuation fund conditions in relation to a year of income; and
 (b) the year of income is the 1993‑94 year of income or an earlier year of income;
the notice has effect as if it were a notice under section 40 stating that the fund is a complying superannuation fund in relation to the year of income.

ADFs—positive
 (2) For the purposes of paragraph 41(2)(b) and this Division, if:
 (a) a notice under repealed section 14 or 15 of the Occupational Superannuation Standards Act 1987 stated that the Commissioner is satisfied that:
 (i) a fund satisfied the approved deposit fund conditions in relation to a year of income; or
 (ii) a fund should be treated as if it had satisfied the approved deposit fund conditions in relation to a year of income; and
 (b) the year of income is the 1993‑94 year of income or an earlier year of income;
the notice has effect as if it were a notice under section 40 stating that the fund is a complying approved deposit fund in relation to the year of income.

PSTs—positive
 (3) For the purposes of paragraph 41(2)(b) and this Division, if:
 (a) a notice under repealed section 15B or 15C of the Occupational Superannuation Standards Act 1987 stated that the Commissioner is satisfied that:
 (i) a trust satisfied the pooled superannuation trust conditions in relation to a year of income; or
 (ii) a trust should be treated as if it had satisfied the pooled superannuation trust conditions in relation to a year of income; and
 (b) the year of income is the 1993‑94 year of income or an earlier year of income;
the notice has effect as if it were a notice under section 40 stating that the trust is a pooled superannuation trust in relation to the year of income.

Superannuation funds—negative
 (4) For the purposes of paragraph 41(2)(b) and this Division, if:
 (a) a notice under the repealed section 12 or 13 of the Occupational Superannuation Standards Act 1987 stated that the Commissioner is not satisfied that a fund satisfied the superannuation fund conditions in relation to a year of income; and
 (b) the year of income is the 1993‑94 year of income or an earlier year of income;
the