Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection ( 2), a contribution by an employer for the benefit of an employee to a superannuation fund is conclusively presumed to be a contribution to a complying superannuation fund for the purposes of section 2 3 if, at or before the time the contribution is made, the employer has obtained a written statement, provided by or on behalf of the trustee of the fund, that the fund:
(a) is a resident regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 ; and
(b) is not subject to a direction under section 63 of that Act.
(2) Subsection ( 1) does not apply to a contribution to a superannuation fund if, at the time the contribution is made:
(a) the employer:
(i) is the trustee or the manager of the fund; or
(ii) has an association, within the meaning of section 318 of the Income Tax Assessment Act 1936 , with the trustee or the manager of the fund; and
(b) the employer has reasonable grounds for believing that the fund is not a resident regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 or is operating in contravention of a regulatory provision, as defined in section 38A of that Act.
(3) Section 39 of the Superannuation Industry (Supervision) Act 1993 applies for the purposes of subsection ( 2) of this section in a corresponding way to the way in which it applies for the purposes of Division 2 of Part 5 of that Act.