Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:8:p21
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 8 (pt 21/41)
Character Range: 685172–688047

superannuation fund any details requested under paragraph (a); and
 (c) any information requested under paragraph (a), or provided by the KiwiSaver scheme provider or the member under paragraph (b), is given to the trustee of the complying superannuation fund before the trustee decides whether to receive the amount from the KiwiSaver scheme.

Separate identification of New Zealand‑sourced amount
 (3) The application of Part 7 is modified to the extent necessary to ensure that the trustee of a complying superannuation fund is, at all times, required to administer a member's interest in the complying superannuation fund in a way that allows any New Zealand‑sourced amount in the fund to be identified separately.

No obligation to receive amount
 (4) The application of Part 7 is modified to the extent necessary to ensure that it does not require the trustee of a complying superannuation fund, in any circumstances, to receive an amount from a KiwiSaver scheme.
Note: In accordance with the Arrangement, arrangements to enhance trans‑Tasman portability will be voluntary for providers as to whether they will accept transferred retirement savings.

Member contribution
 (5) The application of Part 7 is modified to the extent necessary to ensure that an amount received by a complying superannuation fund from a KiwiSaver scheme is treated as a contribution and a member contribution.

Division 3—Payment of amount to KiwiSaver scheme

12A.09  Application of Division 3
  This Division applies in relation to an amount to be paid to a KiwiSaver scheme by a complying superannuation fund.

12A.10  Payment
 (1) The application of these Regulations in relation to the payment is modified to the extent necessary to ensure that they do not prevent the payment from being made in the manner described in this regulation.
Note: In accordance with the Arrangement, arrangements to enhance trans‑Tasman portability will be voluntary for individuals as to whether they transfer their retirement savings between Australia and New Zealand.

Payment of whole of withdrawal benefit
 (2) The application of these Regulations is modified to the extent necessary to ensure that they:
 (a) permit the trustee of a complying superannuation fund to pay the whole of a member's withdrawal benefit to a KiwiSaver scheme; and
 (b) prohibit the trustee, in any circumstances, from paying only a part of a member's withdrawal benefit to a KiwiSaver scheme.

Information before payment can be made
 (3) The application of these Regulations is modified to the extent necessary to ensure that they prevent the trustee of a complying superannuation fund, in any circumstances, from paying an amount to a KiwiSaver scheme until the trustee is satisfied about the following matters:
 (a) the member has emigrated permanently to New Zealand;
 (b) the member has given the trustee:
 (i) a statutory