Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p28
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 28/71)
Character Range: 462911–465697

to the member spouse—in accordance with those rules; or
 (b) in any other case—at least annually.
 (5) Subject to subregulation (6), the amount must not be allocated, rolled over or transferred unless the trustee of the transferor fund:
 (a) has received, from the non‑member spouse, consent to the allocation, rollover or transfer; or
 (b) in the case of a rollover or transfer—believes, on reasonable grounds, that:
 (i) the trustee of the receiving regulated superannuation fund, approved deposit fund or EPSSS; or
 (ii) the receiving RSA provider;
  has received from the non‑member spouse consent to the rollover or transfer.
 (6) If the trustee of the transferor fund believes, on reasonable grounds and after making reasonable inquiries, that the non‑member spouse has not given a consent mentioned in subregulation (5), the trustee must:
 (a) consider whether it would be in the best interests of the non‑member spouse to pay the amount to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999; and
 (b) if the trustee does not pay the amount to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999—allocate the amount to an interest that the trustee creates for the non‑member spouse in the regulated superannuation fund or approved deposit fund.
 (7) The consent of the member spouse to a rollover or transfer under this regulation is not required.
 (8) In subregulation (5):
consent means:
 (a) written consent; or
 (b) any other form of consent determined by the Regulator as sufficient in the circumstances.

7A.17  Payment of non‑member spouse entitlements from pension
 (1) This regulation applies if:
 (a) the non‑member spouse has not satisfied a relevant condition of release at the time of the splittable payment; and
 (b) the member spouse was being paid a pension (other than an allocated pension, market linked pension or account‑based pension) in respect of the original interest on or before the operative time for the payment split.
 (2) When the splittable payment becomes payable, the trustee of the regulated superannuation fund or approved deposit fund in which the original interest is held must pay the amount to which the non‑member spouse is entitled to the non‑member spouse.
 (3) However, if the amount to be paid to the non‑member spouse is a lump sum payable as the result of the commutation of a pension, the non‑member spouse may request the trustee:
 (a) to allocate the amount to an interest that the trustee creates for the non‑member spouse in the regulated superannuation fund or approved deposit fund; or
 (b) to roll over or transfer the amount to another regulated superannuation fund, an RSA, an approved deposit fund or an EPSSS, to be held for