Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1021na:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1021NA (pt 2/2)
Character Range: 4522604–4524015

date;
 (ii) the trustee or another trustee of the fund took reasonable steps to obtain up‑to‑date information; or
 (c) both of the following apply:
 (i) the information was omitted because it would have been misleading or deceptive;
 (ii) the trustee or another trustee of the fund took reasonable steps to obtain information that would not have been misleading or deceptive.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5). See subsection 13.3(3) of the Criminal Code.
 (6) In any proceedings against a trustee of a regulated superannuation fund for an offence based on subparagraph (3)(c)(i), it is a defence if the trustee or another trustee of the fund took reasonable steps to ensure that the information set out in the product dashboard was updated as required by section 1017BA.
Note: A defendant bears an evidential burden in relation to the matters in subsection (6). See subsection 13.3(3) of the Criminal Code.
 (7) In any proceedings against a trustee of a regulated superannuation fund for an offence based on subparagraph (3)(c)(ii), it is a defence if the trustee or another trustee of the fund took reasonable steps to ensure that the information set out in the product dashboard would not be misleading or deceptive.
Note: A defendant bears an evidential burden in relation to the matters in subsection (7). See subsection 13.3(3) of the Criminal Code.