Document ID: chunk:federal_register_of_legislation:C2004A00753:clause:3_26
Version: federal_register_of_legislation:C2004A00753
Segment Type: clause
Provision Reference: sch 3 cl 26
Character Range: 22809–23698

26  After subsection 126D(1)
Insert:

 (1A) If, having regard to any of the following:
 (a) the offence to which the application relates;
 (b) the time that has passed since the applicant committed the offence;
 (c) the applicant's age when the applicant committed the offence;
 (d) the orders made by the court in relation to the offence;
 (e) any other relevant matter;
the Commissioner of Taxation is satisfied that the applicant is highly unlikely to:
 (f) contravene this Act; and
 (g) do anything that would result in a self managed superannuation fund not complying with this Act;
the Commissioner must, by notice in writing given to the applicant, make a declaration waiving the applicant's status as a disqualified person for the purposes of this Part.

Note: The Commissioner's power under this subsection only extends to self managed superannuation funds, see subsection 6(1).