Commonwealth Consolidated Regulations

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RETIREMENT SAVINGS ACCOUNTS REGULATIONS 1997 - REG 4.17A

When benefits rolled over or transferred are unrestricted non - preserved benefits

    Benefits rolled over or transferred to an RSA are unrestricted non - preserved benefits if:

  (a)   the benefits were rolled over or transferred from:

  (i)   a superannuation fund ( Fund A ) during its transitional period; or

  (ii)   a regulated superannuation fund or an approved deposit fund to which the benefits were rolled over or transferred from a superannuation fund ( Fund B ) during its transitional period; and

  (b)   the RSA provider is reasonably satisfied that:

  (i)   during the transitional period of Fund A or Fund B, there arose in relation to the benefits a circumstance that would have resulted in the satisfaction of a condition of release and a 'Nil' cashing restriction if the SIS Regulations applied; or

  (ii)   before the benefits were rolled over or transferred to Fund A or Fund B from a regulated superannuation fund or an approved deposit fund, the relevant cashing restriction set out in Schedule   1 of the SIS Regulations in respect of the benefits was 'Nil'.



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