Superannuation Industry (Supervision) Amendment Regulations 2004 (No. 6) (153 of 2004)

Schedule 1   Amendments commencing on gazettal

[23]   After subregulation 7A.03H (3)

insert

(3A) If a trustee:

(a) has made reasonable attempts to obtain sufficient information about a non-member spouse to be able to give a payment split notice; and

(b) has been unable to obtain sufficient information about the non-member spouse;

the trustee is permitted to act under paragraphs (1) (a) and (b) as if those paragraphs did not require the giving of the payment split notice or the notice under subregulation (2).

Example for paragraph (a)

The trustee may be unable, after reasonable attempts, to identify an address or location of the non-member spouse.

(3B) If a trustee:

(a) proposes to give a non-member spouse a notice under subregulation (2); and

(b) has made reasonable attempts to obtain sufficient information about the non-member spouse to be able to give the notice; and

(c) has been unable to obtain sufficient information about the non-member spouse;

the trustee is not required to give the notice, and is permitted to act under paragraphs (1) (a) and (b) as if those paragraphs did not require the giving of the notice.

Example for paragraph (b)

The trustee may be unable, after reasonable attempts, to identify an address or location of the non-member spouse.