Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to this regulation, the following benefits are taken to be minimum benefits in a regulated superannuation fund:
(a) benefits rolled over or transferred to the regulated superannuation fund;
(b) benefits allotted under Division 6.7 to an interest in the regulated superannuation fund held by, or created for, a receiving spouse.
(2) If:
(a) at least 1 year has elapsed since the fund received the benefits; and
(b) the trustee:
(i) is satisfied that the benefits are not in fact minimum benefits; and
(ii) decides not to continue to treat the benefits as minimum benefits;
subregulation (1) ceases to apply to the benefits.
(3) If:
(a) less than 1 year has elapsed since the fund received the benefits; and
(b) the trustee is satisfied that the benefits are not in fact minimum benefits;
subregulation (1) ceases to apply to the benefits.
(4) If benefits that have been rolled over or transferred to a regulated superannuation fund are taken under this regulation to be minimum benefits, the amount of the minimum benefits as at any time is the sum of:
(a) the benefits rolled over or transferred to the fund; and
(b) the investment earnings on those benefits down to that time;
less the costs applicable to those benefits down to that time.
(5) The trustee has power to make a decision of the kind mentioned in subparagraph (2)(b)(ii) despite anything in the governing rules of the fund.
(6) In this regulation:
"benefits" means benefits other than benefits rolled over or transferred to a regulated superannuation fund from an RSA.