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.
If a death benefit decision-maker:
(a) makes a decision relating to the payment of a death benefit; and
(b) is notified by AFCA of a superannuation complaint made in accordance with section 1056 relating to the decision;
the decision-maker must, within 28 days after being so notified, give notice to each person (other than the complainant) whom the decision-maker believes, after reasonable enquiry, may have an interest in the death benefit.
1056A(2)
A notice given to a person under subsection (1) must:
(a) state that a complaint has been made to AFCA about the decision; and
(b) set out the details of the complaint; and
(c) state that the person may apply to be joined as a party to the complaint by giving notice to AFCA within 28 days after the person is given notice, or such longer period as AFCA allows.
1056A(3)
A person (other than a person referred to in any of paragraphs 1054(1)(b) to (f)) may be joined as a party to the complaint under section 1054 only if:
(a) the person applies in accordance with paragraph (2)(c) of this section; or
(b) AFCA is satisfied that, in all the circumstances, the person should be joined as a party despite not so applying.
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