From sladen.com.au: The article discusses the implications of the Bendel decision on the in-house asset rules under the Superannuation Industry (Supervision) Act 1993 (SIS Act).
The definitions of “loan” and “investment” could affect self-managed superannuation funds (SMSFs), particularly the expanded definitions are likely limited to arrangements involving a repayment obligation.
Additionally, it argues that the expanded interpretation provided by the Commissioner may not align with the statutory construction principles highlighted in the Bendel decision.