Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to a member's benefits in a regulated superannuation fund that is an unfunded public sector superannuation scheme if:
(a) the member:
(i) was a temporary resident; and
(ii) is not an Australian citizen, New Zealand citizen or permanent resident; and
(iii) has left Australia; and
(b) the member's visa has ceased to be in effect.
(1A) The member's benefits may be cashed if:
(a) the trustee of the fund receives a request from the member that the benefits be cashed; and
(b) subregulation (2) or (3) is complied with.
(2) If the member's withdrawal benefit in the fund is less than $5 000, the trustee of the fund must receive:
(a) a copy, or other evidence, of a visa showing that the member was a temporary resident but the member's temporary visa has ceased to be in effect; and
(b) a copy of the member's passport showing that the member has left Australia.
Note: For the ways of giving evidence of a visa, see regulation 2.17 of the Migration Regulations 1994 .
(3) The trustee of the fund must be satisfied, based on a written statement from the Immigration Department, that:
(a) the member was a temporary resident but the member's temporary visa has ceased to be in effect; and
(b) the member has left Australia.
(3A) For subregulation (3), the statement may be in electronic form.
(4) If the benefits are cashed, the benefits must be cashed:
(a) as a single lump sum that is at least the amount of the member's withdrawal benefit in the fund; or
(b) if the fund receives any combination of contributions, transfers and rollovers after cashing the benefits:
(i) in a way that ensures that an amount that is at least the amount of the member's withdrawal benefit in the fund is cashed; and
(ii) without requiring an additional application from the member.
Note: A payment made under this regulation is a 'departing Australia superannuation payment' within the meaning of subsection 995 - 1(1) of the 1997 Tax Act.