Document ID: chunk:federal_register_of_legislation:F2024C00736:body:0:p4
Version: federal_register_of_legislation:F2024C00736
Segment Type: other
Provision Reference: 
Character Range: 8962–12140

providing person before 30 November 2024 that they wish to receive periodic statements in hard copy form;

              (c) if subparagraph (b)(ii) applies—the receiving person has not made an election referred to in subparagraph (b)(ii) as at the later of:

                  (i) the time the providing person gives the notice referred to in paragraph (a);

                  (ii) 7 days after the providing person gives the notice referred to in subparagraph (b)(ii);

                     Note:  This means that if subparagraph (b)(ii) applies, it can only be determined whether a relevant communication has been given by a nominated electronic means as at the later of these times.

              (d) if the providing person gives a notice referred to in paragraph (a) or subparagraph (b)(ii) or (iii) in printed or electronic form, the providing person gives the notice to the receiving person:

                  (i) personally; or

                  (ii) by sending the notice to the receiving person at an address (including an electronic address) or fax number nominated by the receiving person; or

                  (iii) by making the notice available to the receiving person in any way that is agreed to by the receiving person; or

                  (iv) if the providing person is a trustee of a standard employer-sponsored fund (relevant fund) within the meaning of the Superannuation Industry (Supervision) Act 1993—by sending the notice to an electronic address provided to the providing person or another trustee of a standard employer-sponsored fund by the receiving person's employer (as at the time the address was provided) if the following are satisfied:

                     (A) section 1015C, 1017B, 1017D or 1017DA applies to the giving of the relevant communication;

                     (B) the employer contributes, or has contributed, to the relevant fund for the benefit of the receiving person in the absence of there being a chosen fund (within the meaning of the Superannuation Guarantee (Administration) Act 1992) for the receiving person;

                     (C) the employer provided the electronic address as part of providing contact details for the receiving person;

                     (D) the notice is accompanied by a statement that, if requested, the providing person will send the notice and other communications to another electronic or postal address nominated by the receiving person;

                     (E) the receiving person has not requested that the providing person send the notice to another electronic or postal address;

                     (F) the providing person has no reasonable grounds for believing that the electronic address is not a current electronic address for the receiving person.".

   Financial Services Guides and Statements of Advice

       (2) Part 7.7 of the Act applies in relation to a financial services licensee and an authorised representative of a financial services licensee as if section 940C were modified or varied as follows:

           (a) after subparagraph (1)(a)(ii) insert:

              "(iia) made available to the client, or the client's agent,