Superannuation Industry (Supervision) Regulations 1994
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Hide history noteThis regulation applies if a trustee receives a request under this Division within the time allowed under regulation 7A.08 .
7A.09(2)
The trustee must give effect to the request unless: (a) the trustee has received an earlier request under this Division in respect of the same interest and the earlier request has not been withdrawn; or (b) for a request under regulation 7A.05 :
(i) the regulated superannuation fund in which the non-member spouse interest is held has no more than 6 members; or
(c) for a request under regulation 7A.06 - the regulated superannuation fund, approved deposit fund, EPSSS or RSA specified in the request does not accept the rollover or transfer of benefits for the non-member spouse.
(ii) 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
7A.09(3)
If subparagraph (2)(b)(i) applies in relation to a request, the trustee must: (a) create the new interest in accordance with the request; or (b) roll over or transfer the transferable benefits to another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non-member spouse; or (c) if there has been no such nomination by the non-member spouse - consider whether it would be in the best interests of the non-member spouse to pay the amount of the transferable benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 .
7A.09(3A)
If subparagraph (2)(b)(ii) , or paragraph (2)(c) , applies in relation to a request, the trustee must: (a) roll over or transfer the transferable benefits to another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non-member spouse; or (b) if there has been no such nomination by the non-member spouse - consider whether it would be in the best interests of the non-member spouse to pay the amount of the transferable benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 .
7A.09(4)
(Repealed by SR No 153 of 2004)
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