Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 1 - PRELIMINARY  

SECTION 3   INTERPRETATION  

3(1)    
Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Supervision Act.

3(2)    
In this Act, unless the contrary intention appears:

annuity policy
means a life policy in relation to an annuity that is declared to be a superannuation policy under regulations made for the purposes of paragraph (b) of the definition of superannuation policy in the Life Insurance Act 1995 .

arbitration
(Repealed by No 116 of 2003)

arbitration agreement
(Repealed by No 116 of 2003)

beneficiary
has a meaning affected by section 4B .

complainant
means a person who has made a complaint under section 14 , 14A , 15A , 15B , 15CA , 15E , 15F , 15H or 15J .

complaint
means a complaint that has been made under section 14 , 14A , 15A , 15B , 15CA , 15E , 15F , 15H or 15J .

conduct
includes acts, omissions and representations.

Consumer Affairs Minister
means the Minister administering Schedule 2 to the Competition and Consumer Act 2010 .

death benefit
means:

(a) a benefit:

(i) that is payable by the trustee of a regulated superannuation fund in respect of a member of the fund on or after the death of the member; and

(ii) that is provided in accordance with subparagraph 62(1)(a)(iv) or (v) or (b)(iii) or (iv) of the Supervision Act or in accordance with an approval of APRA under subparagraph 62(1)(b)(v) of that Act; or

(b) a benefit:

(i) that is payable by the trustee of an approved deposit fund in respect of a beneficiary of the fund on or after the death of the beneficiary; and

(ii) that is provided in accordance with the requirements of the Supervision Act; or

(c) a benefit that is payable by a life company within the meaning of the Life Insurance Act 1995 under an annuity policy in respect of the policy owner within the meaning of that Act on or after the death of the policy owner; or

(d) a benefit:

(i) that is payable by an RSA provider in respect of the holder of an RSA provided by the RSA provider; and

(ii) that is payable on or after the death of the RSA holder; and

(iii) that is provided in accordance with subsection 15(3) or paragraph 15(4)(c) of the Retirement Savings Accounts Act 1997 ; or

(e) a benefit:

(i) that is payable by an insurer, in relation to a contract of insurance where the premiums are paid from an RSA, in respect of the holder of an RSA provided by an RSA provider; and

(ii) that is payable on or after the death of the RSA holder; and

(iii) that is provided in accordance with subsection 15(3) or paragraph 15(4)(c) of the Retirement Savings Accounts Act 1997 .

decision-maker
, in relation to a complaint relating to a disability benefit (whether under a contract of insurance or otherwise), means a person who the Tribunal has decided under paragraph 18(1)(d) is responsible for determining either or both of the existence and the extent of the disability (whether total and permanent or otherwise).

disability
(Omitted by No 144 of 1995)

disability benefit
means:

(a) a benefit that is:

(i) payable by the trustee of a regulated superannuation fund in the event of a temporary or permanent cessation of employment because of a partially or totally disabling physical or mental condition; and

(ii) provided in accordance with subparagraph 62(1)(b)(ii) of the Supervision Act; or

(b) a benefit that is:

(i) payable by an RSA provider in the event of temporary or permanent cessation of employment because of a partially or totally disabling physical or mental condition; and

(ii) provided in accordance with paragraph 15(4)(b) of the Retirement Savings Accounts Act 1997 ; or

(c) a benefit that is:

(i) payable by an insurer, in relation to a contract of insurance where the premiums are paid from an RSA in the event of temporary or permanent cessation of employment because of a partially or totally disabling physical or mental condition; and

(ii) provided in accordance with paragraph 15(4)(b) of the Retirement Savings Accounts Act 1997 .

excluded complaint
means:

(a) a complaint about a decision of the trustee of a fund that is declared by the regulations to be a fund to which this Act does not apply; or

(ab) a complaint about a decision of an RSA provider in relation to an RSA that is declared by the regulations to be an RSA provider to which this Act does not apply; or

(b) a complaint about a matter declared by the regulations to be a matter about which complaints may not be made under this Act.

excluded subject matter
, in relation to a complaint, means subject matter that is declared by the regulations to be excluded subject matter for the purposes of this Act.

Federal Court
means the Federal Court of Australia.

fund
means a regulated superannuation fund or an approved deposit fund.

holder
, in relation to an RSA, has a meaning affected by section 4B .

holder
, in relation to an RSA, has the same meaning as in the Retirement Savings Accounts Act 1997 .

insurer
means:

(a) in relation to a complaint under section 14 that concerns a decision relating to a death benefit or a disability benefit under a contract of insurance:

(i) the life company that is a party to that contract of insurance; or

(ii) the body corporate authorised to carry on insurance business under the Insurance Act 1973 that is a party to the contract of insurance; or

(b) in relation to a complaint under section 14A that concerns a decision to admit a person as a member of a life policy fund - the life company that is a party to the life policy covering the member; or

(c) in relation to a complaint under section 15A or 15B - the life company that is a party to the policy to which the complaint relates; or

(d) in relation to a complaint under section 15E , 15F , 15H or 15J , the life company that is a party to the policy to which the complaint relates.

interest
means:

(a) in relation to an annuity policy - a contractual right to the payment of money on the happening of certain events; and

(b) in relation to a life policy fund - a beneficial interest in the fund.

life company
has the same meaning as in the Life Insurance Act 1995 .

life insurance broker
means:

(a) a financial services licensee (as defined in section 761A of the Corporations Act 2001 ) who carries on the business of arranging contracts of life insurance, whether in Australia or elsewhere, as an agent for intending insureds; or

(b) a representative of such a licensee.

life policy
has the same meaning as in the Life Insurance Act 1995 .

life policy fund
means a regulated superannuation fund for the purpose of which the trustee maintains, in relation to at least some of the members of the fund:

(a) individual life policies covering each of those members; or

(b) a single life policy covering all of those members.

member
has a meaning affected by section 4B .

nominated State or Territory
(Repealed by No 116 of 2003)

party
, in relation to a complaint, has the meaning given by section 18 .

party (in relation to an arbitration)
(Repealed by No 116 of 2003)

party ' s representative
means an officer or agent who is representing a party in accordance with section 23 .

person who has an interest
, in relation to a death benefit, has a meaning affected by section 4B .

review meeting
means a meeting under Part 6 to review the decision of the trustee or superannuation provider to which the complaint relates.

RSA
has the same meaning as in the Retirement Savings Accounts Act 1997 .

RSA provider
has the same meaning as in the Retirement Savings Accounts Act 1997 .

sale
, in relation to an annuity policy in which a particular complainant has, or claims to have, an interest, includes any activity undertaken, or representation made:

(a) at the time of, or preliminary to, the entry into the policy, so that the policy as so entered into extends to that complainant, or to a person through whom that complainant claims to have that interest; and

(b) at the time of, or preliminary to, the variation of the policy, so that the policy as so varied affects that complainant or a person through whom that complainant claims to have that interest.

superannuation provider
means a person who is a superannuation provider within the meaning of the Superannuation Contributions Tax (Assessment and Collection) Act 1997 or the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 .

Supervision Act
means the Superannuation Industry (Supervision) Act 1993 .

Tribunal
means the Superannuation Complaints Tribunal established by section 6 .

Tribunal Chairperson
means the Chairperson of the Tribunal.

Tribunal Deputy Chairperson
means the Deputy Chairperson of the Tribunal.

Tribunal member
means a member of the Tribunal and includes the Tribunal Chairperson and the Tribunal Deputy Chairperson.

trustee
, in relation to a complaint, means the trustee of the fund to which the complaint relates.

Note 1:

In relation to the definition of trustee see also the definition of trustee in section 10 of the Supervision Act.

Note 2:

For definitions of APRA , ASIC , approved deposit fund , excluded approved deposit fund , self managed superannuation fund , function , regulated superannuation fund and Regulator , see subsection 10(1) of the Supervision Act.

3(3)   [Representative of an insurer]  

A reference in this Act to a representative of an insurer in relation to:

(a) an annuity policy issued by the insurer; or

(b) a life policy issued by the insurer and maintained by a trustee for the purposes of a life policy fund; or

(ba) a contract of insurance where the premiums are paid from an RSA;

includes a reference to:

(c) an agent of the insurer who engages in conduct in relation to that policy or contract; and

(d) any person, other than an agent of the insurer, who engages in such conduct and who is not a life insurance broker.

3(4)   [Representative of RSA]  

A reference in this Act to a representative of an RSA provider includes a reference to an agent, employee or officer of the RSA provider, or of an associate of the RSA provider, who engages in conduct in relation to an RSA.