Section 1056 — Corporations Act 2001: When superannuation complaint cannot be made in relation to decision about the payment of death benefit

(1) A person cannot make a superannuation complaint under the AFCA scheme relating to a decision by a death benefit decision-maker relating to the payment of a death benefit unless the person has an interest in the death benefit. (2) A person cannot make a superannuation complaint under the AFCA scheme relating to a decision by a death benefit decision-maker relating to the payment of a death benefit if: (a) the decision-maker gave the person notice: (i) that the decision-maker proposed to make the decision; and (ii) that the person may object to the proposed decision within 28 days after being given notice; and the person did not, by notifying the decision-maker, object to the proposed decision within 28 days after being given notice; and (b) the decision-maker gave the person notice: (i) that the decision-maker had made the decision; and (ii) that the person may make a complaint under the AFCA scheme relating to the decision within 28 days after being given notice; and the person does not make the complaint to AFCA within 28 days after being given notice. (3) If a person has not been given either of the notices referred to in subsection (2) relating to a decision by a death benefit decision-maker relating to the payment of a death benefit, the person cannot make a superannuation complaint under the AFCA scheme relating to the decision unless AFCA is satisfied that: (a) the person has an interest in the death benefit; and (b) it was unreasonable for the person not to be given those notices from the decision-maker.