Superannuation Industry (Supervision) Regulations 1994

PART 12A - TRANS-TASMAN RETIREMENT SAVINGS PORTABILITY  

Division 4 - Conditions of release of benefits  

REGULATION 12A.12   Conditions of release  

12A.12(1)    
For the purposes of implementing the Arrangement, Schedule 1 to these Regulations, as affected by this regulation, applies in relation to a New Zealand-sourced amount in a complying superannuation fund in the same way it would apply to any other amount in the fund.

Note:

In order to implement the Arrangement, it is appropriate that a New Zealand-sourced amount in a complying superannuation fund is subject to Australia ' s conditions of release, apart from any differences required by the Arrangement.

12A.12(2)    
The application of Schedule 1 is modified to the extent necessary to ensure that:

(a) the New Zealand-sourced amount is not subject to the conditions of release in items 101 and 110 of the Schedule; and

(b) item 106 of the Schedule applies to the New Zealand-sourced amount as if the reference in the item to a person ' s age were the age specified in subsection 7(1) of the New Zealand Superannuation and Retirement Income Act 2001 of New Zealand.