Document ID: chunk:federal_register_of_legislation:C2022C00235:clause:1_1053:p1
Version: federal_register_of_legislation:C2022C00235
Segment Type: clause
Provision Reference: sch 1 cl 1053 (pt 1/2)
Character Range: 27818–30425

1053  When complaints relating to superannuation can be made under the AFCA scheme
 (1) A person may, subject to section 1056, make a complaint relating to superannuation under the AFCA scheme only if the complaint is a complaint:
 (a) that the trustee of a regulated superannuation fund or of an approved deposit fund has made a decision (whether before or after the commencement of this section) relating to:
 (i) a particular member or a particular former member of a regulated superannuation fund; or
 (ii) a particular beneficiary or a particular former beneficiary of an approved deposit fund;
  that is or was unfair or unreasonable; or
 (b) that a decision, by a trustee maintaining a life policy that covers a member of a life policy fund, to admit the member to the fund was unfair or unreasonable; or
 (c) that the conduct (including any act, omission or representation) of an insurer, or of a representative of an insurer, relating to the sale of an annuity policy was unfair or unreasonable; or
 (d) that a decision of an insurer under an annuity policy is or was unfair or unreasonable; or
 (e) that a decision of a superannuation provider to set out, in a statement to which subsection (2) applies, an amount or amounts in respect of a person was unfair or unreasonable; or
 (f) that the conduct (including any act, omission or representation) of an RSA provider, or of a representative of an RSA provider, relating to the opening of an RSA was unfair or unreasonable; or
 (g) that a decision of an RSA provider relating to a particular RSA holder or former RSA holder is or was unfair or unreasonable; or
 (h) that the conduct (including any act, omission or representation) of an insurer, or of a representative of an insurer, relating to the sale of insurance benefits in relation to a contract of insurance where the premiums are paid from an RSA, was unfair or unreasonable; or
 (i) that a decision of an insurer relating to a contract of insurance where the premiums are paid from an RSA is or was unfair or unreasonable; or
 (j) that a decision by a death benefit decision‑maker relating to the payment of a death benefit is or was unfair or unreasonable.
Note 1: Section 1056 provides further limitations on when a superannuation complaint may be made to AFCA in relation to a decision about the payment of a death benefit.
Note 2: Certain persons are taken to be members of regulated superannuation funds or approved deposit funds, or holders of RSAs (see section 1053A).
 (2) This subsection applies to a statement given to the Commissioner of Taxation under:
 (a) section 13 of the