Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:109
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 109
Character Range: 249917–252581

109  Exceptions and other kinds of required information
 (1) The trustee is not required to provide information in response to an application referred to in section 104 in any of the following circumstances:
 (a) if the application specifically requests the trustee to provide the information mentioned in paragraph 104(1)(h) to the applicant, the trustee is not required to provide any other information mentioned in this Subdivision to the applicant;
 (b) the trustee is not required to provide the information mentioned in paragraph 105(a) or subparagraph 105(c)(i) to the applicant unless a record of that information is in the trustee's possession, power or control;
 (c) the trustee is not required to provide the information mentioned in paragraph 106(a) or 107(1)(a), as applicable, to the applicant unless a record of that information is in the trustee's possession, power or control;
 (d) the trustee is not required to provide the information mentioned in paragraph 106(b), (c), (d) or (e) or 107(1)(d), (e), (f) or (g), as applicable, to the applicant unless:
 (i) the application for information specifically requests the trustee to provide this information; and
 (ii) a record of the information is in the trustee's possession, power or control; and
 (iii) a record of the information mentioned in paragraph 106(a) or 107(1)(a), as applicable, is not in the trustee's possession, power or control.
 (2) If:
 (a) the superannuation interest, or a component of the superannuation interest, is a partially vested accumulation interest; and
 (b) under section 62, the Minister has approved a method or factors to be used to determine the gross value of the superannuation interest or the component of the interest;
the Minister may, by legislative instrument, determine either or both of the following:
 (c) that the trustee is not required to provide one or more specified kinds of information mentioned in subsection 107(1) about the interest, or the component of the interest;
 (d) that the trustee must provide other specified kinds of information about the interest or the component of the interest.
 (3) If, under section 70, the Minister has approved a method or factors to be used to determine the gross value of the superannuation interest, the Minister may, by legislative instrument, determine either or both of the following:
 (a) that the trustee is not required to provide one or more specified kinds of information mentioned in section 104 or 105 about the interest;
 (b) that the trustee must provide one or more other specified kinds of information about the interest.

Subdivision B—Information about certain defined benefit interests