Superannuation Industry (Supervision) Regulations 1994

REGULATION 2.05 MEMBERS TO WHOM TRUSTEES ARE NOT REQUIRED TO GIVE INFORMATION  
2.05(1)
Subject to subregulation (2), the trustee of a superannuation entity need not give information to a member if:

(a) the trustee has an address for the member, and:

(i) the trustee is satisfied on reasonable grounds that that address is incorrect; and

(ii) the trustee has taken reasonable steps to locate the member but has been unable to do so; or

(b) the trustee has no address for the member and:

(i) has been unable to obtain an address for the member; and

(ii) has taken reasonable steps to locate the member, but has been unable to do so; or

(c) the member is a person who was transferred to the superannuation entity and, at the time of the transfer:

(i) the trustee of the transferor fund has fulfilled the requirements of paragraph (a) or (b) in relation to the person; or

(ii) the RSA provider has fulfilled the requirements of paragraph 2.04 (1) (a) or (b) of the RSA Regulations in relation to the person; or

(iii) the trustee of the EPSSS from which the member has transferred has fulfilled a requirement similar to that set out in paragraph (a) or (b).

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History

Reg 2.05(1) amended by SR No 14 of 1999, SR No 117 of 1997, SR No 384 of 1995 and SR No 64 of 1995.

2.05(2) Entity becoming aware of member's address, etc.  

Subject to subregulation (3), where the trustee of a superannuation entity has refrained, in reliance on subregulation (1), from giving information to a member, the trustee must give information to the member if the trustee later becomes aware of the member's address or location.

2.05(3)
Subregulation (2) applies only in respect of information that the trustee of a superannuation entity becomes liable to give to the person after becoming aware of the member's address or location.