What are the SMSF investment restrictions?

Source: New places to play in Gungahlin

About SMSF investment restrictions

Before you make any decisions on self-managed super fund (SMSF) investments, you must ensure you understand any restrictions on SMSF investments.

There are some exceptions, however, generally your SMSF must not:

No one associated with your SMSF should get a present-day benefit from its investments.

If you don’t comply with the investment restrictions, we may take a range of actions, including:

  • imposing penalties
  • making the fund non-complying
  • disqualifying you as a trustee
  • prosecution of trustees.

A related party of your SMSF includes:

  • all members of your fund
  • associates of fund members, which include
    • the relatives of each member
    • the business partners of each member
    • any spouse or child of those business partners
    • any company or trust the member or their associates control or influence
  • standard employer-sponsors (employers who contribute to your SMSF for the benefit of a member under an arrangement between the employer and a trustee of your fund)
  • associates of standard employer-sponsors, which include
    • business partners and companies or trusts the employer controls (either alone or with their other associates)
    • companies and trusts that control the employer
    • relatives of an employer sponsor.

A relative is any of the following:

  • a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of the member or their spouse
  • a spouse of the member and any individual specified above.

Loans and financial assistance

Your SMSF can’t provide loans, or direct or indirect financial assistance, to a member or a member’s relative. For example, you can’t use your SMSF as guarantor for a loan for a member or a member’s relative.

Loans must:

  • be in the best interests of the members
  • comply with the SMSF’s investment strategy
  • be conducted on a commercial arm’s length basis.

If you run a business through your SMSF, you also can’t overpay a member or relative of a member for their services. If you employ a member or a relative of a member, their salary or wage must not be higher than the standard salary for that type of role.

Acquiring assets

Your SMSF can’t acquire an asset from a related party unless the price reflects the market value and is:

You must also ensure the market value of your fund’s in-house assets doesn’t exceed 5% of the total market value of your fund’s assets.

Crypto assets and private company shares are not listed securities and can’t be acquired from a related party.

If an asset is not acquired or sold at arm’s length, all or part of any income from the transaction may be non-arm’s length income and taxed at the highest marginal rate.

To help you comply with the requirements, use the valuation guidelines for self-managed super funds.

Collectables and personal use assets

Where your fund invests in collectables and personal use assets, this must be for genuine retirement purposes, not to provide any present-day benefit.

Assets such as artwork, boats, jewellery, vintage cars and wine are described as collectables and personal use assets.

Natural diamonds (including pink diamonds), when held in loose form, are not considered collectable or personal use assets. As such, they do not have specific storage and insurance requirements. However, for these types of assets we recommend trustees:

  • hold adequate insurance
  • consider storage arrangements.

‘Diamonds held in loose form’ means they cannot be mounted, integrated into or used as an item for adornment or other purposes which would be inconsistent with the holding of the diamond in loose form for investment purposes.

Collectables and personal use assets can’t be:

  • used by or leased to a related party (if leased to an unrelated party it must be at arm’s length)
  • stored or displayed in the private residence of a related party (this includes all parts of the land the residence is situated on and all buildings on that land, such as garages or sheds)
  • displayed in any other premises owned by a related party (they can be stored there provided they’re not visible to clients and employees).

You must keep a written record of the reason for deciding where to store the assets.

Collectables and personal use assets must be insured. You should consider the availability and cost of insurance before investing in them. Items must be insured within 7 days of the fund acquiring them and the fund must be listed as the owner and beneficiary of the policy.

These assets can be sold to related parties provided the sale is at market value as determined by a qualified, independent valuer.

Unpaid trust distributions

If your SMSF is entitled to a distribution from a related trust but you allow it to remain unpaid, you may contravene the:

  • in-house asset rules
  • arm’s length rule
  • sole purpose test.

For more information on unpaid trust distributions, see SMSFR 2009/3 Self Managed Superannuation Funds: application of the Superannuation Industry (Supervision) Act 1993 to unpaid trust distributions payable to a Self Managed Superannuation Fund.

In-house assets

You are restricted from having in-house assets that comprise more than 5% of the market value of the SMSF’s total assets.

An in-house asset is any of the following:

  • a loan to a related party of your fund
  • an investment in a related party of your fund
  • an asset of your fund that is leased to a related party, such as business equipment or machinery.

Any lease must be made on an arm’s length basis and reflect the market value.

If at the end of the financial year your SMSF’s in-house assets exceed 5%, you must prepare a written plan to reduce in-house assets to 5% or below. This plan must be prepared before the end of the following financial year. Trustees must also ensure the plan is carried out.

There are some exceptions to in-house assets, including:

  • business real property that is leased between your fund and a related party of your fund
  • some investments in related non-geared trusts or companies.

The in-house asset rules for assets owned before 11 August 1999 were defined differently. If your SMSF owns assets that were acquired before this date, you should review your fund’s investments to ensure you are complying with the current rules.

Decrease in asset values due to COVID-19

Some SMSFs may have experienced a decrease in asset values due to the economic impact of COVID-19. If this resulted in a breach of the in-house asset rules as at 30 June 2020, or the in-house assets being more than 5% of the total assets, the fund was required to prepare and implement a rectification plan by 30 June 2021.

For further information, definitions and examples about in-house assets, see Self Managed Superannuation Funds Ruling SMSFR 2009/4 Self Managed Superannuation Funds: the meaning of ‘asset’, ‘loan’, ‘investment in’, ‘lease’ and ‘lease arrangement’ in the definition of an ‘in-house asset’ in the Superannuation Industry (Supervision) Act 1993.

Business real property

Business real property generally means land and buildings used wholly and exclusively in a business. It’s an exception to the in-house asset and related party acquisition rules.

If business real property contains a dwelling for private or domestic purposes such as a farm, it can still meet the requirements of being used wholly and exclusively in a business if:

  • any dwelling used for private or domestic purposes is in an area of land no more than 2 hectares, and
  • the main use of the whole property is not for domestic or private purposes.

For detailed information, examples and our view on business real property, see Self Managed Superannuation Funds Ruling SMSFR 2009/1 Self Managed Superannuation Funds: business real property for the purposes of the Superannuation Industry (Supervision) Act 1993.

Running a business in an SMSF

If running a business through an SMSF, it must be:

  • allowed under the trust deed
  • operated for the sole purpose of providing retirement benefits for fund members.

The rules governing SMSFs prohibit or limit some activities available to other businesses, such as entering into credit arrangements or having overdrafts.

You should get professional advice before running a business through your SMSF.

It is important to ensure the sole purpose test is not breached. Issues that attract our attention include those where:

  • the trustee employs a family member (we look at things like the stated rationale for employing the family member and the salary or wages paid)
  • the ‘business’ is an activity commonly performed as a hobby or pastime
  • the business run by the fund has links to associated trading entities
  • there are indications the fund’s business assets are available for the private use and benefit of the trustee or related parties.

Graduation time for Course 79

Source: New South Wales – News

Easter may have come and gone but celebrations continued at South Australia Police’s (SAPOL) academy this afternoon for Course 79’s graduation.

Ranging in age from 22 to 35, 11 men and three women begin their policing careers after 9.5 months of thorough training.

The 14 new police officers bring a variety of former work experience, including from retail, grain testing, health and fitness, refrigeration, and as Police Security Officers.

Prior to joining SAPOL, Sam was working as a personal trainer and enjoyed hitting the jiu-jitsu mats.

“I’ve always wanted to be a police officer, but what started off as wanting to fight crime, became a desire to do something more with my life and partake in an exciting, challenging and rewarding career,” he said.

“Following my time at the academy, I’m a more self-assured, confident and capable individual.”

Fellow graduate Renae alternated seasonal jobs grain testing and cellar hand vintage work, with working as a refit merchandiser before becoming a police officer.

“This experience will benefit me in policing as no two working days were the same, and I have a variety of different skills,” she said.

“I am excited to see where my career will take me as there are endless opportunities in different areas of policing.”

Dylan was working as an RAA retail sales consultant before joining SAPOL and has played cricket since a young age.

“Policing appealed to me since I was young, and this is due to the difference police make in the community and even being able to help one person who is having their worst day,” he said.

“I have gained better conversational skills as well as dealing with people more confidently.”

Sam hopes to one day work in STAR Operations, while Renae is open to any SAPOL career path but particularly interested in Dog Operations Unit, and Dylan has ambitions to become a District Duty Inspector and would love to eventually work in the executive leadership team.

Sam encouraged anyone interested in a SAPOL career to “put the work in”.

“If you feel you will struggle with the fitness side of the training, train. If you feel it will be the academic portion, you’ll have a hard time with, study,” he said.

Renae said the past 9.5 months have been the toughest but most rewarding she had experienced.

“If you’re thinking about joining, now is the time,” she encouraged.

Dylan similarly urged people looking for a new career to “just go for it”.

“It is a great time to join, and you will make lifelong friends,” he added.

“Make sure you have some good study habits and fitness habits when you join.”

Course 79 members will be stationed to metropolitan and regional postings, including Whyalla, Port Pirie, and Port Augusta.

SAPOL is currently recruiting and is keen to hear from people interested in an inspiring career with unmatched experiences and rewards.

If you’re looking for job security, career progression pathways and a chance to make a real difference in local communities visit Achievemore – Join Us (police.sa.gov.au)

Sam, Renae, and Dylan are excited to embark on new policing careers after today graduating from Course 79.

LDV Automotive Australia in court for alleged misleading advertising

Source: Australian Ministers for Regional Development

The ACCC has instituted proceedings in the Federal Court against Ateco Automotive Pty Ltd, trading as LDV Automotive Australia, (LDV) for allegedly making misleading representations to consumers about the durability and suitability of particular models of LDV branded vehicles in breach of the Australian Consumer Law. The ACCC alleges that those vehicles had a propensity to rust or corrode within five years of being manufactured.

It is alleged that during various periods of time between approximately 23 April 2019 and 30 November 2024, LDV made misleading representations to consumers that models with T60 and G10 in their names (excluding the eT60) were durable and tough, and that they were suitable for use in, near, or on, a variety of environments and off-road terrains.

LDV made these alleged representations in advertisements published on various mediums including its website, television, radio, Facebook and Instagram, which often portrayed the vehicles on beaches; near lakes, rivers or other pooled water; or on unsealed roads, or in dirt or gravel terrain.

The ACCC alleges the relevant T60 and G10 vehicle models had a propensity to develop rust or corrosion within the first five years from the date of manufacture, and therefore the advertised LDV vehicles, including those in which rust or corrosion occurred, were not durable and tough.

It is also alleged that the propensity to rust, which increased if the vehicles were used in, near or on certain terrains, made the advertised vehicles, including the vehicles in which rust occurred, not suitable for use in, near, or on, the advertised terrains.

“A new car is a significant financial purchase, and consumers rightfully expect that the vehicle they purchase will live up to the quality and uses that it was advertised to include,” ACCC Chair Gina Cass-Gottlieb said.

The ACCC also alleges that in advertising a 10-year anti-corrosion warranty between 23 April 2019 and 31 August 2020, LDV made representations to consumers that the relevant T60 vehicle models did not have a material risk of developing rust or corrosion in the first 10 years of manufacture. The ACCC alleges that these representations were false or misleading due to the propensity for those vehicles to develop rust or corrosion.

In addition or instead, the ACCC alleges that, by April 2019, LDV was aware that rust or corrosion issues were prevalent in the T60 and G10 vehicle models within the first five years of being manufactured, and that the representations alleged in the case were false or misleading because LDV did not have a reasonable basis to make the representations.

Between approximately January 2018 and November 2024, LDV received more than 5,000 consumer complaints regarding rust or corrosion in its T60 and G10 vehicle models, usually via LDV dealerships.

“We allege that despite being aware of the propensity for the vehicles to rust, LDV continued to make representations for a number of years that the T60 and G10 vehicles were durable and suitable for use in a variety of terrains,” Ms Cass-Gottlieb said.

“As a result, we allege that LDV’s conduct is likely to have caused harm to affected consumers, including because the propensity for rust or corrosion lowered the value of their vehicles, and because consumers lost the opportunity to make an informed decision that may have involved purchasing an alternative vehicle that did not carry the same risks.”

The ACCC is seeking penalties, declarations, consumer redress, costs and other orders.

Examples of the allegedly misleading statements used in LDV’s advertisements

  • The T60 is up to any challenge you care to take on – work or play, on-road or off… It turns the toughest tracks into a walk in the park.
  • The T60 Ute has the tough build and all the robust features needed to take you anywhere, be it work or play.
  • Who needs roads when you’re driving a T60?
  • Why take a long walk on the beach when you could take a drive in the LDV T60 Ute?
  • G10s are built to stand up to the everyday and so much more.

Background

Ateco is an Australian vehicle importer that trades under various business names, including LDV Automotive Australia.

Ateco is headquartered in NSW and has imported cars to Australia and New Zealand since 1985. Ateco currently distributes LDV branded vehicles and other vehicles through dealerships in Australia.

Ateco is the exclusive importer of LDV branded vehicles in Australia. Its range of models includes both commercial and passenger vehicles, such as the T60 Max Ute, G10 Van and D90 SUV. LDV vehicles are generally priced between $36,000 to $65,000.

There are 102 LDV dealerships across Australia, with locations in every state and territory. The majority of LDV dealerships are located in New South Wales (31), Victoria (25) and Queensland (22).

Between the years 2018 to 2024 (inclusive), LDV’s dealerships sold more than 60,000 T60 and G10 vehicle models which generated more than $1.5 billion in revenue (excluding GST).

Prescribed burns a health risk to skinks in Mt Lofty Ranges

Source:

23 April 2025

The skink, Lampropholis guichenoti, is at significant risk due to prescribed burning.

Prescribed burning in the Mount Lofty Ranges to reduce bushfire risks may be threatening the survival and biodiversity of skinks and other reptiles.

That’s the finding from a new University of South Australia (UniSA) study that analysed the health of more than 1750 reptiles from eight species over a two-year period.

The study, published in Forest Ecology and Management, investigated how reptiles respond to fire in native stringybark forests of the Mount Lofty Ranges, one of South Australia’s key biodiversity hotspots.

According to lead author, UniSA PhD candidate Shawn Scott, the garden skink, Lampropholis guichenoti, had “significantly poorer body condition immediately following prescribed burns”.

“This suggests that in the short term for the garden skink, fire may be depleting food sources, exposing them to predators, or otherwise stressing these animals in ways we hadn’t fully appreciated,” Scott says.

In burnt areas, skinks showed the lowest body condition scores – a key indicator of animal health – in the first six months post-fire. While their condition improved over time, the initial decline raises concerns about long-term impacts, especially with increasingly frequent burns.

Interestingly, the study found that reptiles with injuries such as tail loss (a common escape tactic known as autotomy), missing digits, or scarring had significantly lower body condition in two species. This suggests that injury, whether from predators or territorial fights exacerbated by reduced shelter, may compound the impact of fires on their health.

Reptiles recaptured at study sites also told a compelling story. The skink L. guichenoti was most often recaptured in long-unburnt forests (more than 20 years since a fire), suggesting these habitats support higher survival or lower site emigration.

South Australia’s Mount Lofty Ranges have seen an increase in prescribed fire activity in recent years, with 5% of high-risk vegetation areas targeted annually. Yet this region also contains some of the state’s most fragmented and ecologically important woodlands.

“Prescribed burns are often advocated as beneficial for biodiversity,” says Scott, “but our research adds to growing evidence that one-size-fits-all approaches to fire may be harmful to small animals. More nuanced strategies, such as preserving long-unburnt refuges and monitoring fire effects on reptiles, are urgently needed.”

The researchers used a combination of a before-after control-impact (BACI) and fire-age chronosequence experimental design across 18 sites, ranging from recently burnt to more than 20 years post-fire.

Their detailed analyses incorporated body measurements, injury records, and recapture rates, providing one of the most comprehensive evaluations to date of reptile responses to fire in South Australian forests.

The authors stress that more research is needed into the post-fire ecology of reptiles, especially in the face of climate change and increasing fire severity.

“We had La Niña, mild, conditions,” says co-author and UniSA wildlife ecologist Assoc Prof S. “Topa” Petit. “The results could be more dramatic after a drought, for example.”

“Reptiles are critical for healthy ecosystems – they control insect populations and serve as prey for birds and mammals,” says Scott. “If fire regimes are compromising their health or numbers, it could have cascading effects on the whole ecosystem.”

“Effects of prescribed fire on body condition, injury, frequency, and recapture of reptiles in Mediterranean-type eucalypt forests is authored by researchers from the University of South Australia, Mid Torrens Catchment Group, and Kangaroo Island Research Station DOI: 10.1016/j.foreco.2025.122683

…………………………………………………………………………………………………………………………

Contact for interview: Shawn Scott E: shawn.scott@unisa.edu.au

Media contact: Candy Gibson M: +61 434 605 142 E: candy.gibson@unisa.edu.au

Share your stories about Quarry Hill’s history, character and heritage

Source: New South Wales Ministerial News

The City is inviting community members to share stories, photos and documents about Quarry Hill’s rich history and character.

With community involvement, it will provide a broad historical overview of Quarry Hill known as a ‘thematic history’.

The study will look at how Quarry Hill has changed since post-European contact in the region.

The thematic history’s purpose is to identify and explain the main factors, processes, places and events that have shaped Quarry Hill.

Manager Strategic Planning Anthony Petherbridge said the community can play an important role in the project.

“This is stage 1 of the project, and the aim is to better understand Quarry Hill’s rich history, character and heritage,” Mr Petherbridge said.

“Stories, photographs and documents will be invaluable to provide local knowledge and a broader historical perspective of Quarry Hill.

“The City is also interested in exploring potential places of heritage significance within the area and information that can be shared to help fill in historical gaps or details.

“By doing so, the public engagement will help guide the development of a future heritage study for Quarry Hill to protect and celebrate significant places for future generations.

“A community session will be held on Tuesday May 6, 2025, from 3pm to 7.00pm at the Quarry Hill Golf Club, 47-85 Houston St, Quarry Hill. 

“This is an opportunity to share your knowledge and talk to City staff involved in the project. Tell us your Quarry Hill stories from the past and bring along documents or photos that can contribute to this exciting project.

“You are encouraged to book a time slot at the community session via the City’s Let’s Talk Greater Bendigo online engagement platform.

“On Let’s Talk Greater Bendigo, you can also learn more about the project, upload documents and photos if you are unable to attend the community session.

“A map is also available for you to pinpoint places that you think are important in Quarry Hill’s history.”

If you wish to speak to someone about the project, ask to speak to Strategic Planning via email or phone:

[email protected]

1300 002 642

80 years of CFA fire stations

Source:

From tin sheds, red brick buildings to weatherboard structures and ex-army Nissen huts, the home base for CFA brigades across Victoria has evolved significantly over the last 80 years.

From tin sheds, red brick buildings to weatherboard structures and ex-army Nissen huts, the home base for CFA brigades across Victoria has evolved significantly over the last 80 years.   

Our volunteers work hard to protect the growing Victorian community, so it is important they have adequate facilities to support their fire response.  

When CFA made its impact throughout Victoria in the early 1950s, and postwar shortages had ended, large numbers of tin shed fire stations began to appear across rural Victoria. Now, to cater for growing communities and response efforts, state-of-the-art features are being rolled out statewide in our fire stations.  

CFA General Manager Infrastructure Services Paul Santamaria said CFA first made the decision to borrow funds from the government in 1951 to put toward the construction of new fire stations.  

“While farm sheds were the garages for rural fire brigades pre the 1950’s, some primitive stations were also made of fibro cement,” Paul said.  

“From 1953, CFA embarked on building galvanised iron sheds for rural brigades, renovating and extending urban fire stations and building several new ones. 

“We borrowed £50,000 to build 40 sheds for rural fire trucks and urgently needed urban fire stations. Brigades often erected the two bay or single bay prefabricated iron buildings themselves.” 

The tin sheds have become landmarks throughout Victoria, appearing in clearings without a house in sight, and were deemed a public sign of a community prepared to defend itself.  

“Back then, brigade members lent horses, ploughs and scoops to level the ground of the new sites, and working bees took place to build the stations. Local fundraisers were held to pay for sirens and connect electricity,” Paul said.  

“All CFA stations conformed to the building standards at the time that they were constructed to ensure alignment with building codes and to provide adequate housing for appliances that were developed for various risk environments. 

“Over time, these station design standards have changed and have been amended to include additional functional requirements to support remote rural, rural, semi urban, and fully urbanised areas.” 

Over the 2000s, a new generation of modern sheds and stations with additional facilities replaced older stations around the state, with greater consideration for sustainability and of diverse communities and membership.  

Today, our latest, fit-for-purpose facilities can include drive-through motor bay rooms and ancillary sheds for equipment, separate toilet facilities and turnout areas that ensure privacy for our members. 

“It is really pleasing to see the improvements our fire stations have seen over the years. Whether brigades are receiving renovations or a brand-new station, all enhancements will go a long way in accommodating the future needs of the brigade,” Paul said.   

“Some stations now have adequate room for kitchens, multi-purpose rooms, privacy areas, gender diverse amenities, administration areas, workshops, breathing apparatus maintenance spaces, ICT equipment, laundry facilities, storerooms and hose drying towers. 

“The larger, and improved facilities will be of great benefit to our Victorian towns as a whole, with members efficiently able to continue responding to incidents in the local area and surrounding neighbourhoods.” 

Submitted by CFA Media

Man from Roger River charged with multiple offences

Source: New South Wales Community and Justice

Man from Roger River charged with multiple offences

Wednesday, 23 April 2025 – 10:40 am.

A 26-year-old man from Roger River has been charged in relation to multiple offences allegedly committed in the North and North West in the last two weeks.
The man was charged with:

Dealing with property suspected of being proceeds of crime x2
Breach of bail x11
Evade Police (Aggravated Circumstances) x2
Drive whilst disqualified (Road Safety (Alcohol & Drugs) Act 1970) x6
Reckless driving x2
Exceed Speed Limit – (Speed Limit Sign) x3
Use unregistered motor vehicle x1
Using a motor vehicle with no premium cover x1
Dishonestly alter or display a plate in a way calculated to deceive x2
Possession of stolen firearms x1
Possess firearm in contravention of firearms prohibition order x2
Possess ammunition when not the holder of the appropriate firearm licence x2
Fail to take all precautions to ensure the safekeeping of firearm and ammunition x2
Possess a firearm when not the holder of a firearm licence of the appropriate category x2
Possess controlled drug x4

He was detained to appear before the Launceston Magistrates Court.

Somalia

Source:

We’ve reviewed our advice and continue to advise do not travel to Somalia. Terrorist attacks occur frequently. The UK and US Embassies in Somalia issue frequent security alerts about potential imminent terrorist attacks.

If you’re in Somalia, leave as soon as possible. If, despite our advice you decide to stay, get professional security advice. There are no Australian officials in Somalia and our ability to provide consular assistance is severely limited.

Five people in custody in relation to burglary at Brighton supermarket

Source: New South Wales Community and Justice

Five people in custody in relation to burglary at Brighton supermarket

Wednesday, 23 April 2025 – 10:01 am.

Five people are in custody assisting police with their enquiries into a burglary at a supermarket in Brighton early this morning.
About 2.30am, offenders forced entry into the supermarket on Brighton Road and stole a quantity of tobacco and cigarettes. Police have recovered the stolen items.
Police would like to speak to anyone who saw a silver Nissan X-Trail in the area around the time this morning.
Information can be provided to Bridgewater Police on 131 444 or anonymously through Crime Stoppers Tasmania at crimestopperstas.com.au or on 1800 333 000 – quote OR773066.

Firearms, ammunition and drugs seized

Source: New South Wales Community and Justice

Firearms, ammunition and drugs seized

Wednesday, 23 April 2025 – 9:31 am.

Police in southern Tasmania have seized 45 firearms in just four weeks as part of an ongoing operation.
Detective Inspector Richard Penney said Operation GAT is a collaboration between the Southern Drugs and Firearms division, State Intelligence Services, Southeast Criminal Investigation Branch, Glenorchy Criminal Investigation Branch, and specialist areas.
“Over the past four weeks, officers have been targeting firearm crime and have executed 16 search warrants,” he said.
“That has resulted in the seizure of 45 firearms, eight silencers, and illicit drugs and 12 people are being proceeded against for firearm offences.”
“We will continue to target those in our community who commit firearms crime, and we ask anyone with information about these illicit activities to contact police.”
Information can be provided to police on 131 444, or Crime Stoppers Tasmania anonymously on 1800 333 000 or online at crimestopperstas.com