Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p30
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 30/66)
Character Range: 300459–304885

fund would be required under those regulations to pay them.
 (2C) This regulation 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 member's benefits in the fund 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

 (3) For this regulation, a payment to which regulation 7.9.66 or 7.9.68 of the Corporations Regulations 2001 relates is taken to be the payment of a benefit.

6.17A  Payment of benefit on or after death of member (Act, s 59(1A))
 (1) For subsections 31(1) and 32(1) of the Act, the standard set out in subregulation (4) is applicable to the operation of regulated superannuation funds and approved deposit funds.
 (2) For subsection 59(1A) of the Act, the governing rules of a fund may permit a member of the fund to require the trustee to provide any benefits in respect of the member, on or after the death of the member, to the legal personal representative or a dependant of the member if the trustee gives to the member information under subregulation (3).
 (3) The trustee must give to the member information that the trustee reasonably believes the member reasonably needs for the purpose of understanding the right of that member to require the trustee to provide the benefits.
 (4) Subject to subregulation (4A), and regulations 6.17B, 7A.17 and 7A.18, if the governing rules of a fund permit a member of the fund to require the trustee to provide any benefits in accordance with subregulation (2), the trustee must pay a benefit in respect of the member, on