CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.10A - EXTERNAL DISPUTE RESOLUTION  

Division 3 - Additional provisions relating to superannuation complaints  

Subdivision B - Powers of AFCA  

SECTION 1054B   POWER TO REQUIRE ATTENDANCE AT CONCILIATION CONFERENCES  

1054B(1)  
AFCA may, if AFCA thinks it desirable to do so, by notice in writing given to:


(a) each party to a superannuation complaint; and


(b) any other person:


(i) who, in AFCA ' s opinion, is likely to be able to provide information relevant to the settlement of the complaint; or

(ii) whose presence at a conciliation conference would, in AFCA ' s opinion, be likely to be conducive to settling the complaint;

require the party or other person to attend the conference.

Note: A strict liability offence may apply under section 1058 (secrecy) in relation to information acquired during a conference held under this section.

1054B(2)  
The notice must also fix the date, time and place for the conference.

1054B(3)  
If the complainant fails to attend the conference, AFCA may deal with the complaint as if it had been withdrawn by the complainant.

1054B(4)  
A person (other than the complainant) commits an offence if he or she does not attend a conference when required to do so under this section.

Penalty: 30 penalty units.


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