Document ID: chunk:federal_register_of_legislation:C2015C00151:clause:3_1541
Version: federal_register_of_legislation:C2015C00151
Segment Type: clause
Provision Reference: sch 3 cl 1541
Character Range: 72694–73992

1541  Application of section 1017BC (Obligation to provide information relating to investment of assets of superannuation entities)
 (1) Section 1017BC applies in relation to arrangements entered into on or after this Act receives the Royal Assent.
 (2) In any proceedings against a trustee of a registrable superannuation entity for an offence based on subsection 1021NB(1), it is a defence if the information would have been made publicly available but for the fact that the information was not provided to the trustee because, under this section, section 1017BC did not apply to a particular arrangement.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.
 (3) In any proceedings against a trustee of a registrable superannuation entity for an offence based on subparagraph 1021NB(2)(d)(ii) or (3)(d)(ii), it is a defence if there would not have been an omission from the information made publicly available but for the fact that the information omitted was not provided to the trustee because, under this section, section 1017BC did not apply to a particular arrangement.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code.