Retirement Savings Accounts Regulations 1997

Div 4.4A inserted by SLI No 104 of 2007, reg 5 and Sch 3 item 37, effective 1 July 2007.

Reg 4.35CA repealed by SLI No 61 of 2013, reg 4 and Sch 2 item 1, effective 1 July 2013. Reg 4.35CA formerly read:

REGULATION 4.35CA RSA PROVIDER MAY REQUEST INFORMATION OR DOCUMENTATION  
General

4.35CA(1)
If:

(a) an RSA provider requires further information to roll over or transfer the RSA holder ' s withdrawal benefit after receiving a request under regulation 4.35C ; and

(b) the request relates to the whole transfer of the RSA holder ' s withdrawal benefit; and

(c) the RSA provider requires further information that is mandatory information in the request form;

the RSA provider must ask the member for the mandatory information within 10 working days after receiving the request.

4.35CA(2)
If:

(a) an RSA provider requires further information to roll over or transfer the RSA holder ' s withdrawal benefit after receiving a request under regulation 4.35C ; and

(b) the request relates to the partial transfer of the RSA holder ' s withdrawal benefit; and

(c) the RSA provider requires further information that is reasonably required to process the request;

the RSA provider must ask the member for the information within 10 working days after receiving the request.

4.35CA(3)
If the RSA provider does not receive the information requested under subregulation (1) or (2) within 10 working days after making the request, the RSA provider must make reasonable further inquiries of the RSA holder to obtain the information.

Note:

If a request under 4.35C does not include all of the mandatory information in the request form (whether or not the request is made using the request form) the RSA provider may still roll over or transfer the amount without asking for the rest of the mandatory information.

Transfers to a self managed superannuation fund

4.35CA(4)
If:

(a) a request under regulation 4.35C is made by an RSA holder ( holder 1 ) to roll over or transfer an amount that is the whole or part of the RSA holder ' s withdrawal benefit to a self managed superannuation fund; and

(b) the RSA provider of the transferring RSA institution is aware that:

(i) another request has been made to roll over or transfer an amount to the same self managed superannuation fund; and

(ii) the other request was made by another RSA holder who is not a relative, within the meaning of subsection 17A(9) of the SIS Act, of holder 1; and

(iii) the other request:

(A) has been processed; or

(B) is currently with the RSA provider of the transferring RSA institution to be processed;

the RSA provider may also require holder 1 to provide with the request a copy of documentation, complying with the requirements of certification in the request form, that shows that holder 1 is a member or trustee of the self managed superannuation fund before the RSA provider processes holder 1 ' s request.

Examples of documents showing that an RSA holder is a member or trustee of a self managed superannuation fund

1 A trust deed.

2 The RSA holder ' s contribution statement.

3 The annual return of the self managed superannuation fund.

4.35CA(5)
If an RSA provider of the transferring RSA institution requires a copy of documentation under subregulation (4):

(a) the RSA provider must, within 10 working days after receiving the request under regulation 4.35C , ask the RSA holder for a copy of the documentation; and

(b) if the RSA provider has not received a copy of the documentation within 10 working days after making the request, the RSA provider must make reasonable further inquiries of the RSA holder to obtain a copy of the documentation.

Reg 4.35CA inserted by SLI No 13 of 2013, reg 3 and Sch 1 item 3, effective 19 February 2013.