Superannuation Industry (Supervision) Regulations 1994

PART 2 - INFORMATION FOR CERTAIN PARTIES

Division 2.1 - Introductory

REGULATION 2.05 CHARGES FOR INFORMATION REQUESTED

2.05(1) [Charge for information]

Subject to this regulation, the obligation of the trustee of a superannuation entity under these Regulations to give information on request by a person arises only if the person pays the amount specified by the trustee as the charge for giving the information.

2.05(2) [Reasonable cost]

The amount of the charge must not exceed the reasonable cost to the superannuation entity of giving the information (including all reasonably related costs - for example, costs of searching for, obtaining and collating the information).

2.05(3) [Policy committee not liable]

A policy committee is not liable to any charge for information given to it.

2.05(4)

View history reference

(Omitted by SR No 353 of 2002)

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History

Reg 2.05(4) omitted by SR No 353 of 2002, reg 3 and Sch 1 item 16, effective 28 December 2002. Reg 2.05(4) formerly read:

2.05(4)
For this regulation, the non-member spouse in relation to a superannuation interest that is subject to a payment split is taken to be a member of the fund in which the interest is held.

Reg 2.05(4) inserted by SR No 353 of 2002, reg 3 and Sch 1 item 26, effective 28 December 2002.

Reg 2.05 inserted by SR No 171 of 2002, reg 3 and Sch 1 item 2, effective 3 July 2002.

Former reg 2.05 omitted by SR No 21 of 2002, reg 3 and Sch 1 item 15, effective 11 March 2002. Reg 2.05 formerly read:

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.

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