Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Commissioner may make an assessment for a fund or trust that is not a * complying superannuation entity for the income year as if it were such an entity if the Commissioner considers it likely that a notice will be given under section 40 of the Superannuation Industry (Supervision) Act 1993 having the effect that it will become such an entity.
(2) However, the grounds for making an assessment under subsection (1) are taken never to have existed if:
(a) the Commissioner becomes satisfied that the notice will not be given; or
(b) * APRA does not receive the documents referred to in subsection 36(1) of the Superannuation Industry (Supervision) Act 1993 about the fund or trust before the end of 12 months after the assessment is made.