Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p83
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 210032–212775

comply with subregulation (2) within 30 days after the splittable payment becomes payable.
 (4) An RSA provider must not open a new RSA for a non‑member spouse unless:
 (a) the RSA provider has received an eligible application from the non‑member spouse to open a new RSA; and
 (b) the RSA provider is otherwise permitted to open a new RSA for the non‑member spouse.
 (5) If the RSA provider is unable to open a new RSA because of subregulation (4), the RSA provider must:
 (a) if the non‑member spouse asks the RSA provider to pay the amount to which the non‑member spouse is entitled to the non‑member spouse—pay the amount; or
 (b) if paragraph (a) does not apply—roll over or transfer the amount to an RSA provided by another RSA provider, or to a regulated superannuation fund, an approved deposit fund, or an EPSSS, nominated by the non‑member spouse; or
 (c) if paragraph (a) does not apply and there has been no such nomination by the non‑member spouse—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.
 (6) If a non‑member spouse makes a request under subparagraph (2)(b)(ii), and the RSA provider, regulated superannuation fund, approved deposit fund, or EPSSS does not accept the rollover or transfer, the RSA provider must:
 (a) if the non‑member spouse asks the RSA provider to pay the amount to which the non‑member spouse is entitled to the non‑member spouse—pay the amount; or
 (b) if paragraph (a) does not apply—roll over or transfer the amount to an RSA provided by another RSA provider, or to a regulated superannuation fund, an approved deposit fund, or an EPSSS, nominated by the non‑member spouse; or
 (c) if paragraph (a) does not apply and there has been no such nomination by the non‑member spouse—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.

Part 5—Contribution standards

5.01  Interpretation
  Expressions used in this Part that are defined for the purposes of Part 3 have the same meanings respectively as in that Part.

Division 5.1—Operating standards

5.02  Operating standards
 (1) For the purposes of subsection 38(1) of the Act, the requirement set out in subregulation (2) is a standard applicable to the operation of RSAs.
 (2) An RSA institution must not accept contributions except in accordance with this Division.

5.03  Acceptance of contributions
 (1) An RSA institution may accept contributions only in accordance with the following table and subregulations (1A), (2), (4) and (6).

Acceptance of