Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p46
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 46/66)
Character Range: 343221–345930

benefits in accordance with the restriction, the trustee must give priority to benefits in the following order:
 (a) first—to unrestricted non‑preserved benefits;
 (b) second—to preserved benefits.

Division 6.4—General rules for rollover and transfer of benefits in regulated superannuation funds and approved deposit funds
Note: See also Parts 22 and 24 of the Act.

6.27B  Definition
  In this Division:
consent means:
 (a) written consent; or
 (b) any other form of consent determined by the Regulator as sufficient in the circumstances.

6.28  Rollover—regulated superannuation funds and approved deposit funds
 (1) Except as otherwise provided by the Act, the Corporations Act 2001, the Corporations Regulations 2001 or these regulations, a member's benefits in a regulated superannuation fund or an approved deposit fund must not be rolled over from the fund unless:
 (a) the member has given to the trustee the member's consent to the rollover; or
 (b) the trustee of the fund believes, on reasonable grounds, that:
 (i) the trustee of the regulated superannuation fund, the approved deposit fund or the EPSSS; or
 (ii) the RSA institution providing the RSA;
  into which the benefits are to be rolled over has received, from the member, consent to the rollover.
 (2) The fund to which the money is to be rolled over must not be a registrable superannuation entity that:
 (a) is a regulated superannuation fund or an approved deposit fund; and
 (b) has not been registered under Part 2B of the Act.

6.29  Transfer—funds
 (1) Except as otherwise provided by the Act, the Corporations Act 2001, the Corporations Regulations 2001 or these regulations, a member's benefits in a fund must not be transferred from the fund unless:
 (a) the member has given to the trustee the member's consent to the transfer; or
 (b) the trustee of the fund believes, on reasonable grounds, that:
 (i) the trustee of the fund or the EPSSS; or
 (ii) the RSA institution providing the RSA;
  into which the benefits are to be transferred, has received, from the member, consent to the transfer; or
 (ba) in the case of an eligible rollover fund—the trustee of the fund believes, on reasonable grounds, that:
 (i) the member has a superannuation interest in the fund, an interest in the EPSSS, or an RSA interest in the RSA, into which the benefits are to be transferred; and
 (ii) the trustee of the fund or EPSSS, or the RSA institution providing the RSA, has received at least one contribution or rollover in respect of the member within the 12 month period ending when the transfer is to be made; or
 (c) the transfer is to a successor fund; or
 (d) for section 29SAA, 29SAB, 387, 388 or 394 of the Act the trustee of the