Commonwealth Consolidated Acts

RETIREMENT SAVINGS ACCOUNTS ACT 1997 - SECT 47

             (1)  An RSA provider must take all reasonable steps to ensure that there are at all times in force arrangements under which:

                     (a)  a holder, or former holder, of an RSA; or

                     (b)  the executor or administrator of the estate of a former holder of an RSA;

has the right to make an inquiry into, or a complaint about, the operation or management of the RSA, and that the inquiry or complaint will be properly considered and dealt with within 90 days after it was made.

Note:          The Superannuation (Resolution of Complaints) Act 1993 deals with situations where complaints are not resolved by the RSA provider.

             (2)  Without limiting the generality of subsection (1), any person may make an inquiry into, or a complaint about, a decision of the RSA provider that relates to the payment of a death benefit if:

                     (a)  the person has an interest in the death benefit; or

                     (b)  the person claims to be, or to be entitled to death benefits through, a person referred to in paragraph (a).

             (3)  A person who intentionally or recklessly contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.