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CORPORATIONS ACT 2001 - SECT 1052E

Referring matters to appropriate authorities

Referring contraventions and breaches etc. to appropriate authorities

             (1)  If AFCA becomes aware, in connection with a complaint under the AFCA scheme, that:

                     (a)  a serious contravention of any law may have occurred; or

                     (b)  a contravention of the governing rules of a regulated superannuation fund or an approved deposit fund may have occurred; or

                     (c)  a breach of the terms and conditions relating to an annuity policy, a life policy or an RSA may have occurred; or

                     (d)  a party to the complaint may have refused or failed to give effect to a determination made by AFCA;

AFCA must give particulars of the contravention, breach, refusal or failure to one or more of APRA, ASIC or the Commissioner of Taxation.

             (2)  However, if:

                     (a)  the complaint relates to the scheme provided for by the Australian Defence Force Cover Act 2015 ; and

                     (b)  subsection (1) applies because AFCA becomes aware that:

                              (i)  a serious contravention of any law may have occurred; or

                             (ii)  a party to the complaint may have refused or failed to give effect to a determination made by AFCA;

AFCA must instead give particulars of the contravention, refusal or failure to the Minister administering that Act and the Minister administering the Public Governance, Performance and Accountability Act 2013 .

Referring settled complaints

             (3)  If:

                     (a)  the parties to a complaint made under the AFCA scheme agree to a settlement of the complaint; and

                     (b)  AFCA thinks the settlement may require investigation;

AFCA may give particulars of the settlement to one or more of APRA, ASIC or the Commissioner of Taxation.

Referring systemic issues

             (4)  If AFCA considers that there is a systemic issue arising from the consideration of complaints under the AFCA scheme, AFCA must give particulars of the issue to one or more of APRA, ASIC or the Commissioner of Taxation.



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