Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p48
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 121371–125833

(3) are satisfied; or
 (b) unless the conditions of subregulation (4) or (5) are satisfied.
 (1A) Subregulation (1) does not apply if, under a law of the Commonwealth, a State or a Territory mentioned in the table, a court makes a forfeiture order (however called) forfeiting part or all of the benefits of the RSA holder to the Commonwealth, a State or a Territory.

Item                          Law                                         Provision(s)
Commonwealth
1.1                           Proceeds of Crime Act 2002                  Section 47
                                                                          Section 48
                                                                          Section 49
                                                                          Section 92
New South Wales
2.1                           Confiscation of Proceeds of Crime Act 1989  Subsection 18(1)
2.2                           Criminal Assets Recovery Act 1990           Section 22
Victoria
3.1                           Confiscation Act 1997                       Division 1 of Part 3
                                                                          Section 35
                                                                          Part 4
                                                                          Subsection 157(6)
Queensland
4.1                           Criminal Proceeds Confiscation Act 2002     Section 58
                                                                          Section 58A
                                                                          Section 151
                                                                          Part 5 of Chapter 3
Western Australia
5.1                           Criminal Property Confiscation Act 2000     Section 30, to the extent that it applies to confiscation under section 6 in satisfaction of a person's liability under section 20
                                                                          Section 30, to the extent that it applies to confiscation under section 7
South Australia
6.1                           Criminal Assets Confiscation Act 2005       Section 47
Tasmania
7.1                           Crime (Confiscation of Profits) Act 1993    Section 16
Australian Capital Territory
8.1                           Confiscation of Criminal Assets Act 2003    Section 54
                                                                          Section 58
                                                                          Section 62
                                                                          Section 67
Northern Territory
9.1                           Criminal Property Forfeiture Act 2002       Section 75
                                                                          Section 76
                                                                          Section 80
                                                                          Section 96
                                                                          Section 97
                                                                          Section 99

 (2) The conditions of this subregulation are satisfied if the benefits are cashed in favour of either or both of the following:
 (a) the RSA holder's legal personal representative;
 (b) one or more of the RSA holder's dependants.
 (3) The conditions of this subregulation are satisfied if:
 (a) the RSA provider has not, after making reasonable inquiries, found either a legal personal representative, or a dependant, of the RSA holder; and
 (b) the person in whose favour the benefits are cashed is an individual.
 (4) The conditions of this subregulation are satisfied if:
 (a) the RSA provider has received a release authority in respect of the RSA holder under section 131‑15 or 135‑40 in Schedule 1 to the Taxation Administration Act 1953; and
 (b) the benefits are cashed in favour of the Commissioner of Taxation in accordance with the authority.
 (5) The conditions of this subregulation are satisfied if the RSA holder's benefits are cashed in favour of the Commissioner of Taxation to pay an amount to the Commissioner of Taxation under the Superannuation (Unclaimed Money and Lost Members) Act 1999.

4.27  When benefits may be cashed in favour of persons other than RSA holders
  The benefits of an RSA holder may be cashed in favour of a person other than the