Treasury Laws Amendment (AFCA Cooperation) Regulations 2019 (F2019L00537)

Schedule 1   Amendments

Superannuation Industry (Supervision) Regulations 1994

13   At the end of Division 13.2 of Part 13

Add:

13.17D Cooperation with AFCA

(1) For the purposes of subsection 31(1) of the Act, the requirement set out in subregulation (3) is a standard applicable to the operation of regulated superannuation funds (other than self managed superannuation funds).

(2) For the purposes of subsection 32(1) of the Act, the requirement set out in subregulation (3) is a standard applicable to the operation of approved deposit funds.

(3) A trustee of such a fund that is required to be a member of the AFCA scheme by paragraph 101(1)(a) of the Act must take reasonable steps to cooperate with AFCA in resolving any complaint under the AFCA scheme to which the trustee is a party, including by:

(a) giving reasonable assistance to AFCA in resolving the complaint; and

(b) identifying, locating and providing to AFCA any documents and information that AFCA reasonably requires for the purposes of resolving the complaint; and

(c) giving effect to any determination made by AFCA in relation to the complaint.

(4) Subregulation (3) does not apply to superannuation complaints (within the meaning of Chapter 7 of the Corporations Act 2001).

Note: For provisions relating to superannuation complaints, see Division 3 of Part 7.10A of the Corporations Act 2001.