Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p32
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 32/71)
Character Range: 473056–475832

regulation applies if the trustee rolls over or transfers to another superannuation fund or RSA an amount to be held for the benefit of the non‑member spouse.
 (2) In rolling over or transferring the transferable benefits:
 (a) a proportion must be taken from the unrestricted non‑preserved benefits, the restricted non‑preserved benefits and the preserved benefits of the member spouse; and
 (b) the proportion taken from each category of benefits must be the same as the category bears to the member spouse's interest immediately before the amount was rolled over or transferred.
 (3) The benefits held in the new interest are unrestricted non‑preserved benefits, restricted non‑preserved benefits or preserved benefits in accordance with the character that the benefits had in the member spouse's interest.

7A.22  Paying an amount
 (1) This regulation applies if the trustee pays an amount to the non‑member spouse.
 (2) In paying the amount to the non‑member spouse:
 (a) a proportion must be taken from the unrestricted non‑preserved benefits, the restricted non‑preserved benefits and the preserved benefits of the member spouse; and
 (b) the proportion taken from each category of benefits must be the same as the category bears to the member spouse's interest immediately before the amount was paid.

Part 8—Financial reporting

8.01  Accounts—statement of financial position and financial statement
 (1) For the purposes of paragraphs 35B(1)(a) and (b) of the Act (preparation of a statement of financial position and an operating statement), this regulation specifies cases where those paragraphs do not apply.

Defined benefit funds and accumulation funds that prepare certain statements
 (2) Those paragraphs do not apply in the case of:
 (a) a defined benefit fund in respect of a year of income of the fund; or
 (b) an accumulation fund in respect of the 1994–1995 year of income of the fund;
if the trustee of the fund prepares:
 (c) a statement of net assets of the entity; and
 (d) a statement of changes in net assets of the entity;
in respect of that year of income.

Superannuation funds where benefits are determined by reference to a life assurance policy
 (3) Those paragraphs do not apply in the case of a regulated superannuation fund in respect of a year of income of the fund if, at the end of the year, the fund is a fund from which the benefits paid to each individual member of the fund:
 (a) are wholly determined by reference to policies of life assurance; or
 (b) if paragraph (a) does not apply only because shares in the life insurance company issuing the policies were acquired because the company was demutualised:
 (i) would otherwise be wholly determined by reference to policies of life assurance; and
 (ii) the shares have been held