Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p42
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 42/66)
Character Range: 332097–336171

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

6.22A  Priority in cashing benefits in certain cases—regulated superannuation funds
 (1) This regulation applies to a trustee of a regulated superannuation fund if:
 (a) a member of the fund has satisfied a condition of release; and
 (b) there is a cashing restriction (other than a 'nil' restriction) in respect of that condition.
 (2) In cashing benefits in accordance with the restriction, the trustee must give priority to benefits in the following order:
 (a) first—to unrestricted non‑preserved benefits;
 (b) second—to restricted non‑preserved benefits;
 (c) third—to preserved benefits.

6.22B  When benefits in regulated superannuation funds may be cashed in favour of persons except members
  A member's benefits in a regulated superannuation fund may be cashed in favour of a person other than the member if:
 (a) the cashing is expressly permitted by the Regulator in a written approval for the purposes of subparagraph 62(1)(b)(v) of the Act; and
 (b) the benefits are cashed only to the extent of that approval.

Subdivision 6.3.2—Approved deposit funds

6.23  Voluntary cashing of preserved benefits in approved deposit funds
 (1) Subject to regulation 6.27, a member's preserved benefits in an approved deposit fund may be cashed on or after the satisfaction by the member of a condition of release.
Note: For conditions of release for temporary residents, see regulation 6.01B.
 (2) The amount of preserved benefits that may be cashed in accordance with subregulation (1) must not exceed the amount of:
 (a) the preserved benefits of the member that had accrued at the time when the member satisfied the condition of release; and
 (b) before 1 July 1999—any investment earnings accruing on those benefits from the time when the member satisfied the condition of release.
 (3) Subject to subregulation (4), the form in which preserved benefits may be cashed under this regulation is:
 (a) the form (if any) specified in the cashing restriction for preserved benefits set out in Schedule 1 in relation to the relevant condition of release; or
 (b) if that