Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p13
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 13/66)
Character Range: 256298–260461

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) Subregulation (1) does not apply in relation to an amount of a member's minimum benefits in an accumulation fund if:
 (a) the amount is attributable only to employer contributions (other than mandated employer contributions); and
 (b) there is a written agreement between the member of the fund and the member's employer that:
 (i) was entered into before the commencement of this subparagraph; and
 (ii) requires the employer to make the employer contributions (other than mandated employer contributions) to the fund for the benefit of the member; and
 (iii) specifies that if the member's employment with the employer ends at or after the end of a period specified in the agreement, the employee is entitled to all of the amount; and
 (iv) specifies that if the member's employment with the employer ends before the end of the specified period, the member is entitled only to a proportion of the amount; and
 (c) the member's employment has ended before the end of the period mentioned in subparagraph (b)(iii).
 (3) In addition to subregulation (1), a trustee of an accumulation fund may allow an amount of a member's minimum benefits in the fund to be cashed as benefits of the member if:
 (a) the cashing of the benefits is for the purpose of the member's temporary incapacity; and
 (b) the amount:
 (i) is not attributable to the member's member‑financed benefits; and
 (ii) is not attributable to the member's mandated employer‑financed benefits.

Part 6—Payment standards

Division 6.1—Introductory

Subdivision 6.1.1—General interpretation

6.01  Interpretation
 (1) Subject to subregulation (2), expressions used in this Part that are defined for the purposes of Part 5 have the same meanings respectively as in that Part.
 (2) In this Part and in Schedule 1, unless the contrary intention appears:
cashing restriction, in relation to a condition of release, means a cashing restriction specified in column 3 of the item in Schedule