# Complying significant investment

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

5.19C Complying significant investment

               Definition
          (1) An investment by a person (the investor) is a complying significant investment
              if all of the requirements of this regulation are met.
          (2) If an investment (the overall investment) is based on one or more other
              investments, this regulation (and any instrument under subregulation (6)) applies
              equally to the overall investment and each investment on which the overall
              investment is based.

               Investment requirements
          (3) All funds used to make the investment must be unencumbered and lawfully
              acquired.
          (4) The investment:
               (a) must be lawful; and
               (b) must not form the basis for security or collateral for a loan.
          (5) The investment, and the means by which the investment is made:
               (a) must be of a kind permitted by the requirements specified in an instrument
                   under subregulation (6); and
               (b) must comply with any requirements specified in an instrument under
                   subregulation (6).
          (6) The Minister may, by legislative instrument, specify requirements for the
              purposes of subregulation (5).

               Investment switching periods
          (7) Subregulation (8) applies in relation to a period (the switching period):
               (a) beginning when the investor withdraws funds from the investment, or
                   cancels the investment; and
               (b) ending when the investor reinvests the withdrawn funds, or the funds used
                   to make the cancelled investment.









          (8) If the switching period is of no more than 30 days duration, the investment is
              taken not to have ceased to be a complying significant investment during the
              switching period only because of the event mentioned in paragraph (7)(a).

               Investor requirements
          (9) The investor must be an individual.
         (10) 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 to which the following applies:
                      (i) the trust is lawfully established;
                     (ii) the investor is the sole trustee or the investor and the investor’s spouse
                          or de facto partner are the sole trustees;
                    (iii) the investor is the sole beneficiary or the investor and the investor’s
                          spouse or de facto partner are the sole beneficiaries.