Document ID: chunk:federal_register_of_legislation:C2025C00134:section:90
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 90
Character Range: 544655–545962

90  Pre‑1 July 1995 rules—funds with fewer than 200 members

Application
 (1) This section applies to a standard employer‑sponsored fund (other than a public offer superannuation fund) with fewer than 200 members, where:
 (a) the fund is a private sector fund established on or after 16 December 1985; or
 (b) the fund is a public sector fund established on or after 25 May 1988; or
 (c) if there are 2 or more standard employer‑sponsors of the fund—any one of those employer‑sponsors is not an associate of any other of those employer‑sponsors.

Pre‑1 July 1995
 (2) This section does not apply on or after 1 July 1995.

Rules
 (3) The fund must comply with:
 (a) the basic equal representation rules; or
 (b) the alternative agreed representation rule set out in subsection (4).

Alternative agreed representation rule
 (4) For the purposes of this section, a fund complies with the alternative agreed representation rule if any of the trustees of the fund are appointed following nomination by agreement between:
 (a) either:
 (i) the members of the fund; or
 (ii) a trade union, or other organisation, representing the interests of those members; and
 (b) either:
 (i) the employer or employers of those members; or
 (ii) an organisation representing the interests of that employer or those employers.