S 28 repealed by No 9 of 2007, s 3 and Sch 4 item 2, applicable in relation to things that are done and events that occur on or after 1 July 2007. S 28 formerly read:
SECTION 28 STATEMENTS FROM SUPERANNUATION PROVIDERS TO MEMBERS
A member, or the trustee of a deceased former member
may ask a superannuation provider who has given the Commissioner information in a statement in relation to the member under section
to give the member or the trustee the same information; and
may ask the superannuation provider to give the information in writing.
The superannuation provider commits an offence if the provider fails to comply with the request within 30 days after receiving it.
Penalty: 50 penalty units.
Subsection (2) does not apply if the superannuation provider has given the same information to the member or the trustee previously (whether or not on request by the member or trustee).
The defendant bears an evidential burden in relation to the matter in this subsection (see subsection
An offence against subsection (2) is an offence of strict liability.
If the member or the trustee does not ask for the information to be given in writing, the superannuation provider may give the information to the member or trustee in a way that the provider considers appropriate.