Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:8:p22
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 8 (pt 22/41)
Character Range: 687802–690640

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 declaration stating that the member has emigrated permanently to New Zealand; and
 (ii) proof of residence at an address in New Zealand following the member's emigration to New Zealand;
 (c) the member has requested and consented to the payment of the whole of the member's withdrawal benefit;
 (d) the member has opened a KiwiSaver scheme account;
 (e) the trustee has been given details of the KiwiSaver scheme and the account number to which the amount is to be paid;
 (f) the KiwiSaver scheme provider will accept the amount.
 (4) For subregulation (3), the application of these Regulations is modified to the extent necessary to ensure that the trustee may require that a document or other evidence or information is verified by oath, affirmation or statutory declaration.

Payment within 30 days
 (5) The application of these Regulations is modified to the extent necessary to ensure that the trustee must pay the amount no later than 30 days after the trustee is satisfied about all of the matters mentioned in subregulation (3).
 (6) A reference in paragraph (3)(b) or subregulation (4) to a statutory declaration includes a reference to an equivalent declaration (however described) made under a law of New Zealand.

Division 4—Conditions of release of benefits

12A.11  Application of Division 4
  This Division applies in relation to a New Zealand‑sourced amount in a complying superannuation fund.

12A.12  Conditions of release
 (1) For the purposes of implementing the Arrangement, Schedule 1 to these Regulations, as affected by this regulation, applies in relation to a New Zealand‑sourced amount in a complying superannuation fund in the same way it would apply to any other amount in the fund.
Note: In order to implement the Arrangement, it is appropriate that a New Zealand‑sourced amount in a complying superannuation fund is subject to Australia's conditions of release, apart from any differences required by the Arrangement.
 (2) The application of Schedule 1 is modified to the extent necessary to ensure that:
 (a) the New Zealand‑sourced amount is not subject to the conditions of release in items 101 and 110 of the Schedule; and
 (b) item 106 of the Schedule applies to the New Zealand‑sourced amount as if the reference in the item to a person's age were the age specified in subsection 7(1) of the New Zealand Superannuation and Retirement Income Act 2001 of New Zealand.

Part 13—Miscellaneous

Division 13.1A—Transitional arrangements arising out of the Superannuation Legislation Amendment Act (No. 3) 1999

13.10A  Transitional arrangement—preserved OSS Act