S 51 repealed by No 123 of 2001, s 3 and Sch 1 item 267, effective 11 March 2002. S 51 formerly read:
APPLICATION FORMS
51(1)
An RSA institution must not, intentionally or recklessly, allow a person to become a holder of an RSA unless the person who will be the holder of the RSA, or the employer of that person, has made an eligible application or has applied in prescribed circumstances.
Penalty: 100 penalty units.
Note:
Chapter
2
of the
Criminal Code
sets out the general principles of criminal responsibility.
History
S 51(1) amended by No 31 of 2001, s 3 and Sch 1 item 105, by inserting the note at the end, effective 15 December 2001.
51(2)
An application is an
eligible application
if:
(a)
the application was made in writing on a form made available by or on behalf of the RSA institution; and
(b)
the form is in accordance with the requirements (if any) specified in a determination made under subsection (3); and
(c)
if the application is made by the person who will be the holder
-
when the person received the form, the person also received such additional information (if any) and such additional documents (if any) as are required by a determination made under subsection (3); and
(d)
if the application is made by the employer and the employer has not previously made such an application to the RSA institution on behalf of any employee
-
when the employer received the form, the employer had also received such additional information (if any) and such additional documents (if any) as are required by a determination made under subsection (3).
51(3)
ASIC may make a written determination for the purposes of subsection (2).
History
S 51(3) amended by No 54 of 1998.
51(4)
An instrument under subsection (3) is a disallowable instrument for the purposes of section
46A
of the
Acts Interpretation Act 1901
.
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