Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_1016a:p3
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 1016A (pt 3/3)
Character Range: 581378–583202

behalf of any person—the application is an eligible 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) it is a restricted issue that occurs in a situation covered by regulations made for the purposes of this paragraph.

Note: 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 given to the person that contained all the information that would have been required to be contained in a Product Disclosure Statement for an interest in the entity given at the time of the making of the application; 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).