Superannuation Industry (Supervision) Regulations 1994

PART 11 - INFORMATION TO BE GIVEN TO THE REGULATOR AND RELATED MATTERS  

REGULATION 11.02A   SERVICE OF CONTRAVENTION NOTICE (ACT S 252B)  

11.02A(1)   [Service]  

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.

11.02A(2)   [Trustee's address for service]  

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.

11.02A(3)   [Taken as served]  

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.




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