Superannuation Industry (Supervision) Amendment Regulations 1999 (No. 4) (239 of 1999)

Schedule 1   Amendments commencing on gazettal

Part 1   Major amendments

[13]   After regulation 11.02

insert

11.02A Service of contravention notice (Act s 252B)

(1) For subsection 252B (1) of the Act, a contravention notice may be served on the trustee of a fund by:

(a) delivering it personally to the trustee; or

(b) leaving it at the trustee's address for service; or

(c) sending it by facsimile transmission:

(i) to the trustee; or

(ii) to another person who would, in the ordinary course of events, give the notice to the trustee; or

(d) sending it by prepaid letter post, addressed to the trustee at the trustee's address for service.

(2) For paragraphs (1) (b) and (d), a trustee's address for service is:

(a) if the trustee told APRA or the Commissioner of Taxation of the fund's registered address or address for service - that address; or

(b) in any other case - any address that whichever of APRA or the Commissioner of Taxation is serving the notice reasonably believes is the trustee's address.

(3) In the absence of proof to the contrary, a contravention notice served on a trustee in accordance with subregulation (1) is taken to have been served:

(a) in the case of service in accordance with paragraph (1) (a), (b), or (c) - when the notice or document is delivered, left or transmitted; and

(b) in the case of service in accordance with paragraph (1) (d) - when the notice or document would, in the ordinary course of post, have arrived at the place to which it was addressed.