Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
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CCH Note:
No 13 of 2018, Sch 1[31] contains the following Application of amendments (effective 6 March 2018):
31 Application of amendments
]
(1)
The amendments made by this Part apply on and after the day on which the first authorisation of an external dispute resolution scheme, under Part
7.10A
of the
Corporations Act 2001
as amended by Part 1 of this Schedule, comes into force.
(2)
Without limiting subitem (1), the amendments made by items 13, 14 and 29 apply in relation to disclosures of information made on and after the day on which that authorisation comes into force, whether the information was acquired before, on or after that day.
AFCA may, if AFCA thinks it desirable to do so, by notice in writing given to:
(a) each party to a superannuation complaint; and
(b) any other person:
(i) who, in AFCA ' s opinion, is likely to be able to provide information relevant to the settlement of the complaint; or
(ii) whose presence at a conciliation conference would, in AFCA ' s opinion, be likely to be conducive to settling the complaint;
require the party or other person to attend the conference.
Note: A strict liability offence may apply under section 1058 (secrecy) in relation to information acquired during a conference held under this section.
1054B(2)
The notice must also fix the date, time and place for the conference.
1054B(3)
If the complainant fails to attend the conference, AFCA may deal with the complaint as if it had been withdrawn by the complainant.
1054B(4)
A person (other than the complainant) commits an offence if he or she does not attend a conference when required to do so under this section.
Penalty: 30 penalty units.
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