Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1016a:p3
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1016A (pt 3/3)
Character Range: 4365290–4367091

application;
 (iv) all other applicable requirements (if any) in regulations made for the purposes of this subparagraph are satisfied in relation to the application; or
 (f) the issue or sale occurs in a situation covered by regulations made for the purposes of this paragraph.
Note 1: This subsection does not apply to an issue or sale pursuant to paragraph 1016E(2)(c) (see subsection 1016E(2C)).
Note 2: Failure to comply with this subsection is an offence (see subsection 1311(1)).
 (3) The trustee of a relevant superannuation entity must only permit a person to become a standard employer‑sponsor of the entity if:
 (a) the person applied to become a standard employer‑sponsor of the entity using an application form; and
 (b) the application form used to apply to become a standard employer‑sponsor:
 (i) was included in, or accompanied, a Product Disclosure Statement (relating to an interest in the entity) that was given to the person and that was not defective as at the time when the application was made; or
 (ii) was copied, or directly derived, by the person from a form referred to in subparagraph (i).
Note 1: Information in a Supplementary Product Disclosure Statement is taken to be contained in the Product Disclosure Statement it supplements (see section 1014D).
Note 2: Failure to comply with this subsection is an offence (see subsection 1311(1)).
 (4) The regulations may:
 (a) provide for defences to offences based on subsection (2) or (3); and
 (b) provide for additional offences relating to the receipt or non‑receipt of applications or application forms.
Note 1: A defendant bears an evidential burden in relation to a defence. See subsection 13.3(3) of the Criminal Code.
Note 2: For the limit on penalties for offences against the regulations, see paragraph 1364(2)(w).