Retirement Savings Accounts Regulations 1997

PART 3 - BENEFIT PROTECTION STANDARDS  

Division 3.2 - Treatment of benefits  

REGULATION 3.05   HOW BENEFITS ARE TO BE TREATED  

3.05(1)    
An RSA provider must ensure that the benefits of an RSA holder are maintained until the benefits are:

(a) cashed (in accordance with Division 4.3 ) as benefits of the RSA holder, other than for the purpose of the RSA holder's temporary incapacity; or

(b) cashed under Part 4A ; or

(c) rolled over or transferred, as benefits of the RSA holder, or under Part 4A ; or

(d) transferred, rolled over or allotted under Division 4.5.

3.05(2)    

Subregulation (1) does not apply if, under a law of the Commonwealth, a State or a Territory mentioned in the table, a court makes a forfeiture order (however called) forfeiting part or all of the benefits of the RSA holder to the Commonwealth, a State or a Territory.

Item	Law	Provision(s)
Commonwealth
1.1	Proceeds of Crime Act 2002	Section 47
		Section 48
		Section 49
		Section 92
New South Wales
2.1	Confiscation of Proceeds of Crime Act 1989	Subsection 18(1)
2.2	Criminal Assets Recovery Act 1990	Section 22
Victoria
3.1	Confiscation Act 1997	Division 1 of Part 3
		Section 35
		Part 4
		Subsection 157(6)
Queensland
4.1	Criminal Proceeds Confiscation Act 2002	Section 58
		Section 58A
		Section 151
		Part 5 of Chapter 3
Western Australia
5.1	Criminal Property Confiscation Act 2000	Section 30, to the extent that it applies to confiscation under section 6 in satisfaction of a person ' s liability under section 20
		Section 30, to the extent that it applies to confiscation under section 7
South Australia
6.1	Criminal Assets Confiscation Act 2005	Section 47
Tasmania
7.1	Crime (Confiscation of Profits) Act 1993	Section 16
Australian Capital Territory
8.1	Confiscation of Criminal Assets Act 2003	Section 54
		Section 58
		Section 62
		Section 67
Northern Territory
9.1	Criminal Property Forfeiture Act 2002	Section 75
		Section 76
		Section 80
		Section 96
		Section 97
		Section 99