Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:63:p9
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 63 (pt 9/10)
Character Range: 198787–201575

mentioned in this regulation to the applicant;
 (b) the trustee is not required to provide the information mentioned in paragraph (3)(a) or subparagraph (3)(b)(i) to the applicant unless a record of that information is in the trustee's possession, power or control;
 (c) the trustee is not required to provide the information mentioned in paragraph (4)(aa) or paragraph (4A)(a), as the case requires, to the applicant unless a record of that information is in the trustee's possession, power or control;
 (d) the trustee is not required to provide the information mentioned in paragraph (4)(a), (b), (c) or (ca) or paragraph (4A)(b), (c), (d) or (e), as the case requires, to the applicant unless:
 (i) the application for information specifically requests the trustee to provide this information; and
 (ii) a record of the information is in the trustee's possession, power or control; and
 (iii) a record of the information mentioned in paragraph (4)(aa) or paragraph (4A)(a), as the case requires, is not in the trustee's possession, power or control.
 (6A) If:
 (a) the superannuation interest, or a component of the superannuation interest, is a partially vested accumulation interest; and
 (b) under regulation 38, the Minister has approved a method or factors to be used to determine the gross value of the superannuation interest or the component of the interest;
the Minister may, by written determination, provide either or both of the following:
 (c) that the trustee is not required to provide the information about the interest, or the component of the interest, mentioned in one or more paragraphs of subregulation (4A);
 (d) that the trustee must provide other information, as specified in the determination, about the interest or the component of the interest.
 (6B) If, under regulation 43A, the Minister has approved a method or factors to be used to determine the gross value of the superannuation interest, the Minister may, by written determination, provide either or both of the following:
 (a) that the trustee is not required to provide the information about the interest mentioned in one or more paragraphs of subregulations (2) and (3);
 (b) that the trustee must provide other information, as specified in the determination, about the interest.
 (6C) A determination by the Minister under subregulation (6A) or (6B) is a legislative instrument.
 (7) For this regulation, a reference to the value of the interest stated in a statement:
 (a) is a reference to the value stated in the statement, however that value is described (for example, the member's account balance, share in the plan, withdrawal benefit); and
 (b) if 2 or more values are stated in the statement, is taken to be a reference to the value of the benefits (before any taxes or other charges have