Document ID: chunk:federal_register_of_legislation:C2004C01337:clause:1_17a:p2
Version: federal_register_of_legislation:C2004C01337
Segment Type: clause
Provision Reference: sch 1 cl 17A (pt 2/4)
Character Range: 9811–12283

of a body corporate that is the trustee of the fund, in place of the member, during the period:
 (i) beginning when the member of the fund died; and
 (ii) ending when death benefits commence to be payable in respect of the member of the fund; or
 (b) the legal personal representative of a member of the fund is a trustee of the fund or a director of a body corporate that is the trustee of the fund, in place of the member, during any period when:
 (i) the member of the fund is under a legal disability; or
 (ii) the legal personal representative has an enduring power of attorney in respect of the member of the fund; or
 (c) if a member of the fund is under a legal disability because of age and does not have a legal personal representative—the parent or guardian of the member is a trustee of the fund in place of the member; or
 (d) an appointment under section 134 of an acting trustee of the fund is in force.

Circumstances in which entity that does not satisfy basic conditions remains a self managed superannuation fund

 (4) Subject to subsection (5), if a superannuation fund that is a self managed superannuation fund would, apart from this subsection, cease to be a self managed superannuation fund, it does not so cease until the earlier of the following times:
 (a) the time an approved trustee of the fund is appointed;
 (b) 6 months after it would so cease to be a self managed superannuation fund.

Subsection (4) does not apply if admission of new members

 (5) Subsection (4) does not apply if the reason, or one of the reasons, why the superannuation fund would cease to be a self managed superannuation fund was the admission of one or more new members to the fund.

Extended meaning of employee in certain circumstances

 (6) For the purposes of this section, a member of a fund, who is an employee of an employer‑sponsor of the fund, is also taken to be an employee of another person (the other person), if the employer‑sponsor is:
 (a) a relative of the other person; or
 (b) either of the following:
 (i)  a body corporate of which the other person, or a relative of the other person, is a director;
 (ii) a body corporate related to that body corporate; or
 (c) the trustee of a trust of which the other person, or a relative of the other person, is a beneficiary; or
 (d) a partnership, where:
 (i) the other person, or a relative of the other person, is a partner in the partnership; or
 (ii) the other person, or a relative of the other