Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:19
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 19
Character Range: 67074–68942

19  Meaning of relevant condition of release
 (1) A relevant condition of release, for a superannuation interest, is:
 (a) if the superannuation interest is in a regulated superannuation fund or an exempt public sector superannuation scheme—a condition of release mentioned in item 101, 102, 102A, 103 or 106 of Schedule 1 to the SIS Regulations; and
 (b) if the superannuation interest is in an approved deposit fund—a condition of release mentioned in item 201, 202, 202A, 203 or 206 of Schedule 1 to the SIS Regulations; and
 (c) if the superannuation interest is in an RSA—a condition of release mentioned in item 101, 102, 102A, 103 or 106 of Schedule 2 to the RSA Regulations; and
 (d) if the superannuation interest is in a superannuation annuity—a condition of release mentioned in item 201, 202, 202A, 203 or 206 of Schedule 1 to the SIS Regulations.
 (2) For the purposes of this instrument, a non‑member spouse is taken to satisfy a relevant condition of release if the event specified in the condition has occurred in relation to the non‑member spouse.
 (3) For the purposes of this instrument, when applying item 101, 103, 201 or 203 of Schedule 1 to the SIS Regulations to a non‑member spouse, a reference in:
 (a) the definition of permanent incapacity in regulation 1.03C of the SIS Regulations; and
 (b) subregulation 6.01(7) of the SIS Regulations;
to a member is taken to be a reference to the non‑member spouse.
 (4) For the purposes of this instrument, when applying item 101 or 103 of Schedule 2 to the RSA Regulations to a non‑member spouse, a reference in:
 (a) the definition of permanent incapacity in subregulation 4.01(2) of the RSA Regulations; and
 (b) subregulation 4.01(4) of the RSA Regulations;
to an RSA holder is taken to be a reference to the non‑member spouse.

Division 2—Circumstances when payments are not splittable payments