Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_3:p2
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 2/17)
Character Range: 1761452–1764406

way those subsections apply to a declaration made under subsection 388‑65(1); and
 (c) for the purposes of section 388‑70, the declaration is taken to be a declaration of the kind mentioned in paragraph 388‑70(b).
 (4) The period for a declaration made under subsection (2):
 (a) begins on the day the declaration is made; and
 (b) ends on the earliest of:
 (i) the last day of the period specified in the declaration; or
 (ii) if the entity withdraws the declaration—the day the agent is notified of the withdrawal; or
 (iii) if there is a material change in the relationship between the entity and the agent, or in the affairs of the entity since the declaration was made—the day the agent becomes aware of the change or is notified of the change by the entity.

Division 390—Superannuation reporting

Table of Subdivisions
 Guide to Division 390
390‑A Member information statements and roll‑over superannuation benefit statements
390‑B Statements relating to release authorities
390‑C Other statements

Guide to Division 390

390‑1  What this Division is about

      Superannuation providers must give the Commissioner information about superannuation plans (such as contributions to superannuation plans) periodically.
      Superannuation providers are also required to give information about roll‑over superannuation benefits paid from superannuation plans.
      Life insurance companies must give the Commissioner information about holders of certain life insurance policies.
Note: For requirements for payment summaries in relation to superannuation lump sums, see section 16‑165.

Subdivision 390‑A—Member information statements and roll‑over superannuation benefit statements

390‑5  Member information statements
 (1) A *superannuation provider in relation to a *superannuation plan must give the Commissioner a statement in relation to an individual if the individual held a *superannuation interest in the plan at any time during the period specified in a determination under subsection (6).
Note 1: Section 286‑75 provides an administrative penalty for breach of this subsection.
Note 2: If a person is dissatisfied with a statement given to the Commissioner by a superannuation provider under this section, the person may make a complaint under the AFCA scheme (within the meaning of the Corporations Act 2001).
 (4) A statement under subsection (1) must be in the *approved form.
 (5) The statement must be given to the Commissioner on a day specified in the determination under subsection (6).
Note: Section 388‑55 allows the Commissioner to defer the time for giving an approved form.
 (6) The Commissioner may determine, by legislative instrument:
 (a) the period mentioned in subsection (1); and
 (b) the day on which a statement must be given to the Commissioner.
 (7) The period specified in the determination:
 (a) may be:
 (i) all or part of an income year; or
 (ii) all or part of a financial year; or
 (iii) any other period;