Commonwealth Consolidated Acts

AUSTRALIAN DEFENCE FORCE SUPERANNUATION ACT 2015 - SECT 8

  (1)   The Minister may, by writing, amend the Trust Deed.

Limitations on amending the Trust Deed

  (2)   The Trust Deed must not be amended unless:

  (a)   CSC has consented to the amendment; or

  (b)   the amendment:

  (i)   relates to a payment by an employer - sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or

  (ii)   relates solely to the termination of the ADF Super Fund; or

  (iii)   is made in circumstances covered by regulations made for the purposes of subparagraph   60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993 .

Note:   This subsection does not apply in relation to an amendment of the Trust Deed for the purposes of subsection   19(1) (costs of administration of Act etc.) (see subsection   19(2)).

  (3)   A provision of the Trust Deed that is amended under subsection   (1) is invalid if the provision would have the effect that ADF Super:

  (a)   would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 ; or

  (b)   would not comply with that Act.

Instrument making amendment is a legislative instrument

  (4)   An instrument under subsection   (1) is a legislative instrument.

  (5)   Despite regulations made for the purposes of paragraph   44(2)(b) of the Legislation Act 2003 , section   42 (disallowance) of that Act applies to an instrument under subsection   (1) of this section.