Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p58
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 58/66)
Character Range: 373549–376196

or transfer an amount under regulation 6.34 if:
 (a) the fund or RSA to which the member has requested the amount be rolled over or transferred will not accept the amount; or
 (b) the amount to be rolled over or transferred is part only of the member's interest in the fund, and the effect of rolling over or transferring the amount would be that the member's interest in the fund from which the amount is to be rolled over or transferred would be less than $6,000; or
 (c) the trustee has, under regulation 6.34, rolled over or transferred an amount of the member's interest within 12 months before the request is received; or
 (d) the amount to be rolled over or transferred is a superannuation death benefit (within the meaning of the 1997 Tax Act) in the form of a pension and the roll over or transfer would be inconsistent with the governing rules of the fund applying in respect of the benefit.
 (2) If a trustee refuses to roll over or transfer an amount under subregulation (1), the trustee must tell the member of the refusal in writing.

6.36  Suspension or variation of obligation to roll over or transfer amounts by APRA
 (1) This regulation applies if APRA believes, on reasonable grounds, that a rollover or transfer of an amount by the trustee of a regulated superannuation fund or approved deposit fund under regulation 6.34 would have a significant adverse effect on:
 (a) the financial position of the fund; or
 (b) the interests of other members of the fund.
 (2) APRA may, by notice in writing to the trustee, suspend or vary an obligation of the trustee under regulation 6.34.
 (3) A suspension or variation under subregulation (2) applies for the period specified by APRA in the notice.

6.37  Suspension or variation of obligation to roll over or transfer amounts by APRA—application by trustee
 (1) This regulation applies if the trustee of a regulated superannuation fund or approved deposit fund applies to APRA for a suspension or variation of the trustee's obligation to roll over or transfer amounts under regulation 6.34.
 (2) The application must contain information about the fund's financial position and the effect of any rollovers or transfers of amounts under regulation 6.34 on:
 (a) the financial position of the fund; or
 (b) the interests of other members of the fund.
 (3) APRA may ask the trustee to provide further information in relation to the application within the period specified by APRA.
 (4) If the trustee does not provide the further information within the specified period, APRA may treat the application as if it had been withdrawn by the trustee.
 (5) APRA must consider the application and