Complying investment
reg-5.19B — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

5.19B Complying investment
          (1) An investment by a person (the investor) is a complying investment if all of the
              requirements in this regulation are met.

               Description
          (2) The investment must consist of one or more of the following:
               (a) an investment in a government bond (however described) of the
                   Commonwealth, a State or Territory; or
               (b) a direct investment in an Australian proprietary company that meets the
                   following requirements:
                      (i) the company is not listed on an Australian stock exchange;
                     (ii) the company has not been established wholly or substantially for the
                          purpose of creating compliance with this paragraph;
                    (iii) the investment is an ownership interest in the company;
               (c) an investment in a managed fund (directly or through an investor directed
                   portfolio service) for a purpose specified by the Minister in an instrument,
                   in writing, for this paragraph.
          (3) The funds used to make the investment are:
               (a) unencumbered; and
               (b) lawfully acquired.

               Investor
          (4) The investor must be an individual.
          (5) The investor must make the investment:
               (a) personally; or
               (b) with the investor’s spouse or de facto partner; or
               (c) by means of a company that has issued shares and in which:
                      (i) the investor holds all of the issued shares; or
                     (ii) the investor and the investor’s spouse or de facto partner hold all of
                          the issued shares; or
               (d) by means of a trust:
                      (i) that is lawfully established; and
                     (ii) of which:
                              (A) the investor is the sole trustee; or
                              (B) the investor and the investor’s spouse or de facto partner are
                                    the sole trustees; and
                    (iii) of which:
                              (A) the investor is the sole beneficiary; or
                              (B) the investor and the investor’s spouse or de facto partner are
                                    the sole beneficiaries.
          (6) If:








                 (a) an investor withdraws money from a complying investment, or cancels the
                     investment; and
                 (b) the investor makes an investment of at least the value of the withdrawn
                     money or cancelled investment in one or more other investments
                     mentioned in subregulation (2); and
                 (c) no more than 30 days passes between the events mentioned in
                     paragraphs (a) and (b);
               the investment is taken not to have ceased to be a complying investment during
               the period between the events mentioned in paragraphs (a) and (b).