CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.10A - EXTERNAL DISPUTE RESOLUTION  

Division 3 - Additional provisions relating to superannuation complaints  

Subdivision D - Superannuation complaints relating to payment of death benefits  

SECTION 1056   WHEN SUPERANNUATION COMPLAINT CANNOT BE MADE IN RELATION TO DECISION ABOUT THE PAYMENT OF DEATH BENEFIT  

1056(1)  
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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