Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1017c:p3
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1017C (pt 3/4)
Character Range: 4407084–4409741

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 issuer 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 issuer must, on request in writing by a person who is a concerned person, an employer‑sponsor (if the financial product is a superannuation product) or an employer referred to in subsection (3A) (if the financial product is an RSA), give the person:
 (a) a copy of a prescribed document (to the extent the issuer has access to the document) specified in the request; or
 (b) prescribed information (to the extent to which the issuer 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 issuer 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 issuer 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 issuer:
 (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 issuer for the financial product and the client.

Time for compliance
 (8) The issuer must comply with a request to give information, or a copy of a document, as soon as practicable. The issuer 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:
 (a) in relation to a superannuation product—means a person who:
 (i) is, or was within the preceding 12 months, a member of the superannuation entity; or
 (ii) is a beneficiary of the superannuation entity; or
 (b) in relation to an RSA—means a person who:
 (i) is, or was within the preceding 12 months, a holder of the RSA; or
 (ii) has a right or a claim under the RSA.
relevant sub‑plan, in relation to a superannuation product, has the meaning given by the regulations.