Superannuation Industry (Supervision) Regulations 1994

Pt 7A inserted by SR No 353 of 2001, reg 3 and Sch 1 item 43, effective 28 December 2002.

Div 7A.2 inserted by SR No 353 of 2001, reg 3 and Sch 1 item 43, effective 28 December 2002.

Reg 7A.09(2) amended by FRLI No F2021L00853, reg 4 and Sch 1 item 12, by substituting " no more than 6 members " for " fewer than 5 members " in para (b)(i), effective 1 July 2021.

Reg 7A.09(2) amended by SR No 353 of 2002, reg 3 and Sch 1 item 35, by substituting para (b), effective 28 December 2002. Para (b) formerly read:

(b) for a request under regulation 7A.05 - the governing rules of the regulated superannuation fund or approved deposit fund in which the original interest is held do not allow a new interest to be created for the non-member spouse in the fund; or

Reg 7A.09(3) amended by FRLI No F2021L00412, reg 4 and Sch 1 item 36, by substituting para (b) and (c) for para (b), effective 2 April 2021 and applicable in relation to requests made under Division 7A.2 on or after 1 May 2021. Para (b) formerly read:

(b) roll over or transfer the transferable benefits to:

(i) another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non-member spouse; or

(ii) an eligible rollover fund.

Reg 7A.09(3) and (3A) substituted for reg 7A.09(3) by SR No 153 of 2004, reg 3 and Sch 1 item 27, effective 25 June 2004. Reg 7A.09(3) formerly read:

7A.09(3)
If paragraph (2) (b) or (c) applies, the trustee must roll over or transfer the transferable benefits to:

(a) another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non-member spouse; or

(b) an eligible rollover fund.

Reg 7A.09(3A) substituted by FRLI No F2021L00412, reg 4 and Sch 1 item 37, effective 2 April 2021 and applicable in relation to requests made under Division 7A.2 on or after 1 May 2021. Reg 7A.09(3A) formerly read:

7A.09(3A)
If subparagraph (2)(b)(ii), or paragraph (2)(c), applies in relation to a request, the trustee must roll over or transfer the transferable benefits to:

(a) another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non-member spouse; or

(b) an eligible rollover fund.

Reg 7A.09(3) and (3A) substituted for reg 7A.09(3) by SR No 153 of 2004, reg 3 and Sch 1 item 27, effective 25 June 2004.

Reg 7A.09(4) repealed by SR No 153 of 2004, reg 3 and Sch 1 item 28, effective 25 June 2004. Reg 7A.09(4) formerly read:

7A.09(4)
If transferable benefits are rolled over or transferred to an eligible rollover fund under paragraph (3)(b), the trustee must give to the non-member spouse, within 28 days, a written notice stating:

(a) that the benefits have been rolled over or transferred to an eligible rollover fund; and

(b) the name and contact details of the fund; and

(c) the amount that was rolled over or transferred; and

(d) if the payment split is a base amount payment split, the amount of any adjustment that has been made to the base amount since:

(i) if the trustee had previously provided information to the non-member spouse under regulation 2.36D - the end of the last completed reporting period; or

(ii) in any other case - the operative time.

Reg 7A.09(4) substituted by SR No 353 of 2002, reg 3 and Sch 1 item 36, effective 28 December 2002. Reg 7A.09(4) formerly read:

7A.09(4)
If transferable benefits are rolled over or transferred to an eligible rollover fund under paragraph (3)(b), the trustee must give to the non-member spouse a written notice stating:

(a) that the benefits have been rolled over or transferred to an eligible rollover fund; and

(b) the name and contact details for the fund.

Reg 7A.09 inserted by SR No 353 of 2001, reg 3 and Sch 1 item 43, effective 28 December 2002.