Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to regulation 7A.17, this regulation applies if:
(a) the non - member spouse has not satisfied a relevant condition of release at the time of the splittable payment; and
(b) the splittable payment does not derive from an allocated pension, market linked pension or account - based pension.
(2) The trustee of the regulated superannuation fund or approved deposit fund in which the original interest is held must:
(a) allocate the amount to an interest that the trustee creates for the non - member spouse in the regulated superannuation fund or approved deposit fund; or
(b) roll over or transfer the amount to another regulated superannuation fund, an RSA, an approved deposit fund or an EPSSS, to be held for the benefit of the non - member spouse.
(2A) The trustee must preserve the amount mentioned in subregulation (2).
(3) If the non - member spouse's entitlement under the payment split is to be paid as a lump sum, the trustee must allocate, roll over or transfer the lump sum within:
(a) 30 days after the splittable payment becomes payable; or
(b) any longer period allowed by the Regulator.
(4) If the non - member spouse's entitlement derives from a pension being paid to the member spouse (other than a pension to which regulation 7A.17 applies, an allocated pension, market linked pension or account - based pension), the trustee must allocate, roll over or transfer the amounts to which the non - member spouse is entitled:
(a) if the governing rules of the fund provide for the frequency with which pension payments are to be made to the member spouse--in accordance with those rules; or
(b) in any other case--at least annually.
(5) Subject to subregulation (6), the amount must not be allocated, rolled over or transferred unless the trustee of the transferor fund:
(a) has received, from the non - member spouse, consent to the allocation, rollover or transfer; or
(b) in the case of a rollover or transfer--believes, on reasonable grounds, that:
(i) the trustee of the receiving regulated superannuation fund, approved deposit fund or EPSSS; or
(ii) the receiving RSA provider;
has received from the non - member spouse consent to the rollover or transfer.
(6) If the trustee of the transferor fund believes, on reasonable grounds and after making reasonable inquiries, that the non - member spouse has not given a consent mentioned in subregulation (5), the trustee must:
(a) consider whether it would be in the best interests of the non - member spouse to pay the amount to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ; and
(b) if the trustee does not pay the amount to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 --allocate the amount to an interest that the trustee creates for the non - member spouse in the regulated superannuation fund or approved deposit fund.
(7) The consent of the member spouse to a rollover or transfer under this regulation is not required.
(8) In subregulation (5):
"consent" means:
(a) written consent; or
(b) any other form of consent determined by the Regulator as sufficient in the circumstances.