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.
A person cannot make a superannuation complaint under the AFCA scheme relating to a decision by a death benefit decision-maker relating to the payment of a death benefit unless the person has an interest in the death benefit.
1056(2)
A person cannot make a superannuation complaint under the AFCA scheme relating to a decision by a death benefit decision-maker relating to the payment of a death benefit if:
(a) the decision-maker gave the person notice:
(i) that the decision-maker proposed to make the decision; and
(ii) that the person may object to the proposed decision within 28 days after being given notice;
and the person did not, by notifying the decision-maker, object to the proposed decision within 28 days after being given notice; and
(b) the decision-maker gave the person notice:
(i) that the decision-maker had made the decision; and
(ii) that the person may make a complaint under the AFCA scheme relating to the decision within 28 days after being given notice;
and the person does not make the complaint to AFCA within 28 days after being given notice.
1056(3)
If a person has not been given either of the notices referred to in subsection (2) relating to a decision by a death benefit decision-maker relating to the payment of a death benefit, the person cannot make a superannuation complaint under the AFCA scheme relating to the decision unless AFCA is satisfied that:
(a) the person has an interest in the death benefit; and
(b) it was unreasonable for the person not to be given those notices from the decision-maker.
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