OCCUPATIONAL SUPERANNUATION STANDARDS REGULATIONS 1987 (REPEALED)

PART II - SUPERANNUATION FUNDS  

Division 2 - Information on fund management  

Subdivision D - Matters relating to certain reports  

REGULATION 18J   REPORTS UNDER REGULATION 18G OR 18H TO COMPLY WITH CERTAIN REQUIREMENTS  

18J(1)   [ Definition ]  

In this regulation:

report
means a report mentioned in regulation 18G or 18H .

18J(2)   [ Contents of report ]  

A report must:

(a) set out the particulars of the report in 1 or more written statements; and

(b) if particulars of the report are set out in more than 1 written statement and all those particulars are not included in each statement - include in each statement advice:

(i) that that statement does not set out all the particulars of the report; and

(ii) that any particulars that are not set out in the statement are set out in a previous statement or are to be set out in a later statement; and

(iii) about when, and where during business hours, copies of all statements will be available; and

(c) include a statement by the trustees of the superannuation fund concerned that the trustees believe that the fund has satisfied the superannuation fund conditions in the period beginning at the end of the reporting period or year of income to which the report relates to the end of the day when preparation of the report was completed; and

(d) be given to each member of the fund in accordance with subregulation (4).

18J(3)   [ Notice of changes in report ]  

The trustees of a superannuation fund must give to each member of the fund notice in writing of any material change in:

(a) a matter required to be set out in a report; or

(b) a document required to be attached to a statement included in a report;

unless it is not reasonably practicable to give notice before the next report is required to be given to the member in accordance with subregulation (4).

18J(4)   [ Time for report ]  

The trustees of a superannuation fund who are reporting to a member of the fund must:

(a) if the particulars of a report are set out in 1 written statement in respect of a reporting period or year of income to which the statement relates - give the report to the member as soon as practicable, but not later than 6 months after the end of that period or year; and

(b) if the particulars of a report are set out in more than 1 written statement and none of the statements is given to the member in the reporting period or year of income to which the statement relates - give each statement to the member as soon as practicable, but not later than 6 months after the end of that period or year; and

(c) subject to paragraph (d), if the particulars of a report are set out in more than 1 written statement and 1 or more, but not all, of the statements is, or are, given to the member in the reporting period or year of income to which the statement relates - give any remaining statement to the member as soon as practicable, but not later than 9 months after the end of that period or year; and

(d) if a written statement that forms part of a report sets out particulars of matters required by regulations 18G and 18H to be included in a report to that member - give the statement to the member as soon as practicable, but not later than 6 months after the end of the reporting period or year of income to which the matter relates, whichever ends first.

18J(5)   [ Delivery of reports and notices ]  

Subject to subregulation (6), a standard specified in subregulation (2) or (3) is not taken to have been met unless:

(a) the trustees of the fund:

(i) give a copy of a report or notice referred to in that subregulation to each member of the fund; or

(ii) send a copy of the report or notice to each member of the fund by means of telecommunication; or

(b) in the case of a member whose whereabouts are not known to the trustees - the trustees have made reasonable efforts to deliver a copy of a report or notice to the member; or

(c) the trustees are satisfied that another person:

(i) has given or sent a copy of the report or notice to the member in accordance with subparagraph (a)(i) or (ii); or

(ii) has made reasonable efforts to deliver a copy of a report or notice to the member;

and has made a written declaration to that effect to the trustees.

18J(6)   [ Reasonable efforts to deliver reports ]  

For the purposes of paragraph (5)(b) and subparagraph (5)(c)(ii), reasonable efforts are taken to have been made to deliver to a member a copy of a report or notice in respect of a reporting period or year of income if:

(a) a copy of a report or notice in respect of a previous reporting period or year of income was posted with correct pre-paid or franked postage to the member at the member ' s last known address and is returned undelivered to the trustees, or other person, concerned; and

(b) the trustees are not informed of another address of the place of residence or business of the member.