Superannuation Industry (Supervision) Regulations 1994
View history note
Hide history noteSubregulation (2) applies to the trustee of a regulated superannuation fund or approved deposit fund (the transferring fund ) if:
(a) the transferring fund receives:
(i) a request under regulation 6.33 to rollover or transfer the whole or a part of a member ' s withdrawal benefit from the transferring fund to another regulated superannuation fund or approved deposit fund, or an RSA provider; or
(ii) a request to rollover or transfer the whole or a part of a member ' s withdrawal benefit from the transferring fund to an EPSSS; and
(b) the request was not given to the trustee by the Commissioner of Taxation; and
(c) the transferring fund has the member ' s tax file number.
6.33D(2)
The trustee of the transferring fund must ask the Commissioner of Taxation, using an electronic interface provided by the Commissioner, for a notice under subsection 299TD(2) of the Act in relation to the member.
6.33D(3)
However, subregulation (2) does not apply if the Commissioner has previously given the trustee a notice under subsection 299TD(2) of the Act stating that the Commissioner was able to validate the member ' s information given by the trustee.
6.33D(4)
The trustee may ask the member for any proof of identity information in the approved form referred to in paragraph 6.33(2)(b) that the trustee reasonably requires to process the request if:
(a) the Commissioner of Taxation gives the trustee a notice under subsection 299TD(2) of the Act stating that the Commissioner is not able to validate the information mentioned in subsection (2); or
(b) the trustee does not have the member ' s tax file number.
6.33D(5)
The trustee must ask for the proof of identity information under subregulation (4) not later than:
(a) for a trustee to whom paragraph (4)(a) applies - 5 business days after receiving the Commissioner ' s notice; and
(b) for a trustee to whom paragraph (4)(b) applies - 5 business days after receiving the request to rollover or transfer the whole or a part of the member ' s withdrawal benefit.
6.33D(6)
If the trustee does not receive the information requested under subregulation (4) within 10 business days after making the request, the trustee must make reasonable further inquiries of the member to obtain the information.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
