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CORPORATIONS ACT 2001 - SECT 1053

When complaints relating to superannuation can be made under the AFCA scheme

             (1)  A person may, subject to section 1056, make a complaint relating to superannuation under the AFCA scheme only if the complaint is a complaint:

                     (a)  that the trustee of a regulated superannuation fund or of an approved deposit fund has made a decision (whether before or after the commencement of this section) relating to:

                              (i)  a particular member or a particular former member of a regulated superannuation fund; or

                             (ii)  a particular beneficiary or a particular former beneficiary of an approved deposit fund;

                            that is or was unfair or unreasonable; or

                     (b)  that a decision, by a trustee maintaining a life policy that covers a member of a life policy fund, to admit the member to the fund was unfair or unreasonable; or

                     (c)  that the conduct (including any act, omission or representation) of an insurer, or of a representative of an insurer, relating to the sale of an annuity policy was unfair or unreasonable; or

                     (d)  that a decision of an insurer under an annuity policy is or was unfair or unreasonable; or

                     (e)  that a decision of a superannuation provider to set out, in a statement to which subsection (2) applies, an amount or amounts in respect of a person was unfair or unreasonable; or

                      (f)  that the conduct (including any act, omission or representation) of an RSA provider, or of a representative of an RSA provider, relating to the opening of an RSA was unfair or unreasonable; or

                     (g)  that a decision of an RSA provider relating to a particular RSA holder or former RSA holder is or was unfair or unreasonable; or

                     (h)  that the conduct (including any act, omission or representation) of an insurer, or of a representative of an insurer, relating to the sale of insurance benefits in relation to a contract of insurance where the premiums are paid from an RSA, was unfair or unreasonable; or

                      (i)  that a decision of an insurer relating to a contract of insurance where the premiums are paid from an RSA is or was unfair or unreasonable; or

                      (j)  that a decision by a death benefit decision-maker relating to the payment of a death benefit is or was unfair or unreasonable.

Note 1:       Section 1056 provides further limitations on when a superannuation complaint may be made to AFCA in relation to a decision about the payment of a death benefit.

Note 2:       Certain persons are taken to be members of regulated superannuation funds or approved deposit funds, or holders of RSAs (see section 1053A).

             (2)  This subsection applies to a statement given to the Commissioner of Taxation under:

                     (a)  section 13 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997 ; or

                     (b)  section 12 of the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 ; or

                     (c)  subsection 133-120(2) or 133-140(1) in Schedule 1 to the Taxation Administration Act 1953 ; or

                     (d)  section 390- 5 or 390- 20 in that Schedule.

             (3)  A complaint made in accordance with subsection (1) of this section is a superannuation complaint .

             (4)  However, a complaint is not a superannuation complaint to the extent that it is a complaint that:

                     (a)  a decision made by a trustee of a self managed superannuation fund; or

                     (b)  conduct engaged in by an insurer, or by a representative of an insurer, relating to the sale of an annuity policy maintained, or to be maintained, by a trustee of a self managed superannuation fund on behalf of its members; or

                     (c)  a decision made by an insurer, or by a representative of an insurer, under an annuity policy maintained by a trustee of a self managed superannuation fund on behalf of its members;

is unfair or unreasonable.

             (5)  For the purposes of this section, a trustee, an insurer, an RSA provider or another decision-maker, makes a decision if:

                     (a)  the trustee, insurer, RSA provider or other decision-maker, or a person acting for the trustee, insurer, RSA provider or other decision-maker, makes, or fails to make, a decision; or

                     (b)  the trustee, insurer, RSA provider or other decision-maker, or a person acting for the trustee, insurer, RSA provider or other decision-maker, engages in any conduct, or fails to engage in any conduct, in relation to making a decision;

whether or not the decision or conduct involved the exercise of a discretion.



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