Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
company means MutualCo, TrustCo or a subsidiary of
either of them;
fund members means the members referred to in
section 52(2)(c);
regulator means —
(a) the
Australian Securities and Investments Commission under the
Australian Securities and Investments Commission Act 2001
(Commonwealth); or
(b) the
Australian Prudential Regulation Authority under the Australian Prudential
Regulation Authority Act 1998 (Commonwealth); or
(c) the
Commissioner of Taxation under the Taxation Administration Act 1953
(Commonwealth);
relevant information means information of any of
the following kinds that is specified, or of a description specified, by the
Treasurer —
(a)
information provided by a company to a regulator;
(b)
information given by a regulator to a company;
(c)
information that a company —
(i)
has given to fund members or members of the company; or
(ii)
would be required by written law or a law of the
Commonwealth to give to a fund member or a member of the company at the
member’s request;
(d) if a
complaint has been made to the Superannuation Complaints Tribunal under the
Superannuation (Resolution of Complaints) Act 1993 (Commonwealth) in
relation to a decision or conduct of a company, information relating to the
complaint —
(i)
given by the company to the Tribunal; or
(ii)
given by the Tribunal to the company,
but not including any information relating to any
fund member or member of the company individually.
(2) For the purpose of
carrying out a review under section 52 the Treasurer is
entitled —
(a) to
have any relevant information in the possession of a company; and
(b) to
make and retain copies of that information.
(3) For the purposes
of subsection (2) the Treasurer may request a company to —
(a) give
relevant information to the Treasurer; or
(b) give
the Treasurer access to relevant information.
(4) A company must
comply with a request given to it under subsection (3) except to the
extent that to do so would cause the company to contravene another written law
or a law of the Commonwealth.
(5) If a company is
given a request under subsection (3) and —
(a)
after the company has complied with the request; but
(b)
before the Treasurer’s report on the review is tabled in accordance with
section 52(3),
further relevant
information of the kind requested comes into the possession of the company,
the company must comply with the request in respect of that further
information.
[Section 53 inserted by No. 25 of 2007
s. 16.]