116Exceptions and other kinds of required information

116 Exceptions and other kinds of required information

General exceptions (1) The trustee is not required to provide information in response to an application referred to in section 111 in any of the following circumstances: (a) if the application specifically requests the trustee to provide the information mentioned in paragraph 111(1)(i) to the applicant—the trustee is not required to provide any other information mentioned in this Subdivision to the applicant; (b) the trustee is not required to provide the information mentioned in paragraph 112(1)(a) or subparagraph 112(1)(c)(i) to the applicant unless a record of that information is in the trustee’s possession, power or control; (c) the trustee is not required to provide the information mentioned in paragraph 113(1)(b), (c) or (k) to the applicant unless a record of that information is in the trustee’s possession, power or control. (2) If, under section 62, the Minister has approved a method or factors to be used to determine the gross value of the superannuation interest, or a component of the superannuation interest that is a defined benefit interest, the Minister may, by legislative instrument, determine either or both of the following: (a) that the trustee is not required to provide one or more specified kinds of information mentioned in section 113 or 114 about the interest or the component of the interest; (b) that the trustee must provide other specified kinds of information about the interest or the component of the interest. Superannuation interest made up of a defined benefit interest component and an accumulation interest component (other than a partially vested accumulation interest) (3) If the superannuation interest is made up of components, one of which is an accumulation interest (other than a partially vested accumulation interest), and under section 62 the Minister has approved a method or factors to be used to determine the gross value of the superannuation interest, the Minister may, by legislative instrument, determine one or more of the following: (a) that the trustee is not required to provide one or more specified kinds of information mentioned in section 113 about the component of the superannuation interest that is a defined benefit interest; (b) that the trustee is not required to provide one or more specified kinds of information mentioned in section 106 about the component of the superannuation interest that is an accumulation interest; (c) that the trustee must provide other specified kinds of information about the superannuation interest or a component of the superannuation interest.

Note: If the superannuation interest is made up of components, this Subdivision only applies to the superannuation interest if one of the components is a defined benefit interest (see section 110).

Superannuation interest made up of a defined benefit interest component and a partially vested accumulation interest component (4) If the superannuation interest is made up of components, one of which is a partially vested accumulation interest, and under section 62 the Minister has approved a method or factors to be used to determine the gross value of the superannuation interest, the Minister may, by legislative instrument, determine one or more of the following: (a) that the trustee is not required to provide one or more specified kinds of information mentioned in section 113 about the component of the superannuation interest that is a defined benefit interest; (b) that the trustee is not required to provide one or more specified kinds of information mentioned in section 107 about the component of the superannuation interest that is a partially vested accumulation interest; (c) that the trustee must provide other specified kinds of information about the superannuation interest or a component of the superannuation interest.