Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_1017c:p2
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 1017C (pt 2/2)
Character Range: 604060–606612

tend to disclose:
 (i) personal information of another person if, in the circumstances, the disclosure would be unreasonable; or
 (ii) trade secrets or other information having a commercial value that would be reduced or destroyed by the disclosure; or
 (c) information or documents in relation to which the responsible person owes to another person a duty of non‑disclosure.

Note: A defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.

Specific requirements

 (5) The responsible person must, on request in writing by a concerned person or an employee‑sponsor, give the concerned person or the employer‑sponsor:
 (a) a copy of a prescribed document (to the extent the responsible person has access to the document) specified in the request; or
 (b) prescribed information (to the extent to which the responsible person has or has access to the information) specified in the request.
The document or information must be given in accordance with the other requirements of this section.

Note: Failure to comply with this subsection is an offence (see subsection 1311(1)).

 (6) Subsection (5) does not apply if the responsible person is the trustee of a self‑managed superannuation fund.

Documents may be made available for inspection

 (7) It is sufficient compliance with a requirement imposed by this section on the responsible person to give information, or to give a copy of a document, to a person (the client) if:
 (a) a document containing the information; or
 (b) a copy of the document;
is made available for inspection by the responsible person:
 (c) at a suitable place (having adequate facilities for the person to inspect and photocopy the document); and
 (d) during normal business hours;
or as otherwise agreed between the responsible person for the financial product and the client.

Time for compliance

 (8) The responsible person must comply with a request to give information, or a copy of a document, as soon as practicable. The responsible person must, in any event, make reasonable efforts to comply with the request within 1 month of receiving the request.

Definitions

 (9) In this section:

concerned person means a person who:
 (a) is, or was within the preceding 12 months, a member of the responsible person to which the request is made; or
 (b) is a beneficiary of the responsible person to which the request is made.

relevant sub‑plan, in relation to a superannuation product or an RSA product, has the meaning given by the regulations.