Retirement Savings Accounts Amendment Regulations 2004 (No. 3) (197 of 2004)

Schedule 1   Amendments

[13]   After subregulation 4A.11 (3)

insert

(3A) If an RSA provider:

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

(3B) If an RSA provider:

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