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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, an AFCA regulated superannuation scheme or 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 an AFCA regulated superannuation scheme; 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, AFCA regulated superannuation schemes 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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