Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p12
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 12/148)
Character Range: 358184–360847

in the instrument establishing the trust as a person who must, or may, be consulted by the trustee or trustees before distributing or applying money or other property for the purposes of the trust;
 (c) in the case of any other trust:
 (i) the settlor, or one of the settlors, of the trust; or
 (ii) a person who, under the terms of the trust, has power to appoint or remove a trustee of the trust or to vary (or cause to be varied) any of the terms of the trust; or
 (iii) a beneficiary of the trust.
 (4) The person must make the request for an annual information return in writing to the licensed trustee company and may indicate in the request which one of the following forms of return is required:
 (a) by sending it to the person's postal address;
 (b) by emailing it to a nominated email address.
 (5) The annual information return must be provided within 30 days after the request from the person is received by the licensed trustee company, and then annually.
 (6) The annual information return must be for the last financial year that the licensed trustee company has provided a service to the person who has requested the return.
 (7) However, the licensed trustee company is not required to provide an annual information return covering a period:
 (a) before 1 July 2010; or
 (b) before it provided a service to the person.
 (8) The annual information return must be provided as follows:
 (a) if requested in a particular form—in the form requested;
 (b) in all other cases—by sending it to the person's postal address.

5D.2.02  Information to be included in annual information return
  The annual information return provided by a licensed trustee company must include the following:
 (a) for a person mentioned in subparagraphs 5D.2.01(3)(a)(i) and (ii) and (c)(iii):
 (i) details of income earned on the person's interest in the trust or estate; and
 (ii) details of expenses in operating the trust or estate in relation to the person's interest in the trust or estate; and
 (iii) the net value of the person's interest in the trust or estate;
 (b) for any other person mentioned in subregulation 5D.2.01(3):
 (i) details of income earned on the trust's assets; and
 (ii) details of expenses in operating the trust's assets, including remuneration, commission or other benefits received by the trustee company; and
 (iii) the net value of the trust's assets;
 (c) if required under the terms of the trust—a copy of the trust's audit report and financial statements for the year.

Division 2.2—Common funds

5D.2.03  Common funds
  This Division is made for section 601SCC of the Act.

5D.2.04  Establishment of common funds
 (1) A licensed trustee