Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to the trustee of a fund (the receiving fund ) if the receiving fund receives a written request from a member to roll over or transfer, to the receiving fund, the whole or part of the member's:
(a) withdrawal benefit from a regulated superannuation fund or approved deposit fund; or
(b) withdrawal benefit in an RSA provided by an RSA provider.
(2) The trustee of the receiving fund must tell the regulated superannuation fund, approved deposit fund or RSA provider (the transferring fund ) about the request and give the following details to the transferring fund:
(a) the member's full name;
(b) the member's date of birth;
(c) the member's sex;
(d) the member's residential address;
(e) the member's membership number, or account number, with the transferring fund;
(f) the receiving fund's name and ABN;
(g) the receiving fund's unique superannuation identifier for the rollover or transfer;
(h) the transferring fund's name and ABN;
(i) the transferring fund's unique superannuation identifier or unique RSA identifier for the rollover or transfer.
(3) However, subsection (2) does not apply if the trustee does not have all of the details mentioned in subsection (2).
(4) The trustee must also tell the transferring fund:
(a) whether the request is to rollover or transfer the whole or a part of the member's withdrawal benefit; and
(b) if the request is to rollover or transfer a part of the member's withdrawal benefit--the amount to be rolled over or transferred.
(5) The trustee must also give the tax file number to the transferring fund, unless, before the rollover or transfer, the member gives the trustee a written statement requesting the trustee not to inform any RSA provider or any other trustee of the member's tax file number.
Note: Standards made under subsection 34K(3) of the Act may set out how the information in subregulations (2) and (4) is to be given to the transferring fund (for example, electronically), and may set out additional information that must be given.
(6) Before the trustee gives the information to the transferring fund, the trustee must reasonably believe that the member:
(a) is aware that the member may ask the trustee of the transferring fund for information that the member reasonably requires for the purpose of understanding any benefit entitlements that the member may have, including:
(i) information about any fees or charges that may apply to the proposed rollover or transfer; and
(ii) information about the effect of the proposed rollover or transfer on any benefit entitlements the member may have; and
(b) either:
(i) has obtained any information the member reasonably requires; or
(ii) does not require such information.
Note: Under section 1017C of the Corporations Act 2001 , a trustee of a fund must, on request by a member of the fund, give the member the information and documents mentioned in subsections 1017C(3) and (5). See also regulations 7.9.02, 7.9.45 and 7.9.47 of the Corporations Regulations 2001 .