Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:8:p39
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 8 (pt 39/41)
Character Range: 729589–732111

becomes a party to a lease arrangement with a related party of the superannuation fund, unless the lease arrangement:
 (i) is legally binding; and
 (ii) relates to business real property;
 (g) if the company, or a trustee of the unit trust, is a party to a lease, or legally binding lease arrangement, with a related party of the superannuation fund in relation to business real property, the property ceases to be business real property;
 (h) if the company, or a trustee of the unit trust, is a party to a lease arrangement with a related party of the superannuation fund in relation to business real property, the lease arrangement ceases to be legally binding;
 (i) the company, or a trustee of the unit trust, becomes a party to a lease, or lease arrangement, with another party in relation to an asset (unless it is business real property) that is the subject of another lease or lease arrangement between any party and a related party of the superannuation fund;
 (j) a related party of the superannuation fund becomes a party to a lease, or lease arrangement, with another party in relation to an asset (other than business real property) that is the subject of another lease or lease arrangement between any party and:
 (i) the company; or
 (ii) a trustee of the unit trust;
 (k) if the company, or a trustee of the unit trust, is a party to a lease, or lease arrangement, with another party in relation to business real property that is the subject of another lease or lease arrangement between any party and a related party of the superannuation fund, the property ceases to be business real property;
 (l) the company, or a trustee of the unit trust, conducts a transaction otherwise than on an arm's length basis;
 (m) the company, or a trustee of the unit trust, acquires an asset of a related party of the superannuation fund, unless the asset is business real property acquired at market value;
 (n) the company, or a trustee of the unit trust, acquires from any party an asset (unless it is business real property acquired by the company, or trustee of the unit trust, at market value) that had been an asset of a related party of the superannuation fund at any time since the later of:
 (i) the end of 11 August 1999; and
 (ii) the day 3 years before the day on which the asset was acquired by the company or the trustee of the unit trust.
 (2) In paragraphs (1)(m) and (n):
asset does not include:
 (a) money; or
 (b) in relation to a company, a share in the company.
 (3) If regulation 13.22B or 13.22C