Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The benefits of an RSA holder:
(a) may be paid only by:
(i) being cashed under Division 4.3 or Part 4A; or
(ii) being rolled over or transferred under Division 4.4, 4.4A or 4.5 or Part 4A; or
(iii) being allotted under Division 4.5; and
(b) must not be paid except when, and to the extent that, the RSA provider is required or permitted under this Part or Part 4A to pay them; and
(c) must be paid when, and to the extent that, the RSA provider is required under this Part or Part 4A to pay them.
(1A) Subregulation (1) does not apply if, under a law of the Commonwealth, a State or a Territory mentioned in the table, a court makes a forfeiture order (however called) forfeiting part or all of the benefits of the RSA holder to the Commonwealth, a State or a Territory.
Item | Law | Provision(s) |
Commonwealth |
| |
1.1 | Section 47 | |
New South Wales |
| |
2.1 | Subsection 18(1) | |
2.2 | Section 22 | |
Victoria | ||
3.1 | Division 1 of Part 3 | |
Queensland | ||
4.1 | Section 58 | |
Western Australia | ||
5.1 | Section 30, to the extent that it applies to confiscation under section 6 in satisfaction of a person's liability under section 20 Section 30, to the extent that it applies to confiscation under section 7 | |
South Australia | ||
6.1 | Section 47 | |
Tasmania | ||
7.1 | Section 16 | |
Australian Capital Territory | ||
8.1 | Section 54
| |
Northern Territory | ||
9.1 | Section 75 | |
(2) If an RSA provider does not make a payment in accordance with the standard set out in subregulation (1) because the RSA provider is prevented from doing so:
(a) under subsection 90XL(4) or 90YP(4) of the Family Law Act 1975 ; or
(b) by an order made under subsection 90XU(1) or 90YZ(1) of the Family Law Act 1975 ;
the RSA provider is not in breach of the standard.
Note 1: Subsections 90XL(4) and 90YP(4) of the Family Law Act 1975 provide that while a payment flag is operating on a superannuation interest, the RSA provider must not make any splittable payment to any person in respect of the interest.
Note 2: Subsections 90XU(1) and 90YZ(1) of the Family Law Act 1975 provide that a court may make an order in relation to a superannuation interest directing the RSA provider not to make a splittable payment without the leave of the court.