Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p18
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 18/71)
Character Range: 438130–440950

days after receiving the request under regulation 7A.03E; or
 (b) any longer period allowed by the Regulator.
 (3) The trustee must give to the non‑member spouse, within 28 days after the lump sum is paid, a written notice stating:
 (a) that the lump sum has been paid; and
 (b) the amount that was paid.

Division 7A.2—Options available for certain superannuation interests

7A.04  Application of Division 7A.2
 (1) This Division applies in relation to a superannuation interest (the original interest) in a regulated superannuation fund, or an approved deposit fund, if:
 (a) the original interest is subject to a payment split; and
 (b) either:
 (i) the original interest is an accumulation interest that is in the growth phase; or
 (ii) an allocated pension, market linked pension or account‑based pension is being paid in respect of the original interest.
 (2) This Division does not apply to an accumulation interest:
 (a) if:
 (i) the interest is a partially vested accumulation interest; and
 (ii) the transferable benefits in relation to the accumulation interest would be greater than the withdrawal benefit in relation to the member spouse; or
 (b) if the interest is determined by reference to a traditional life insurance policy.
 (3) This Division does not apply to an original interest if the trustee has created a non‑member spouse interest under regulation 7A.03B.
 (4) In this regulation:
partially vested accumulation interest has the meaning given by regulation 9 of the Family Law (Superannuation) Regulations 2001.

7A.05  Request for new interest
  The non‑member spouse may request the trustee to create a new interest for the non‑member spouse in the regulated superannuation fund or approved deposit fund in which the original interest is held.

7A.06  Request for transfer of benefits
 (1) The non‑member spouse may request the trustee to roll over or transfer the transferable benefits to another regulated superannuation fund or approved deposit fund, or to an EPSSS or RSA, specified in the request, to be held for the benefit of the non‑member spouse.
 (2) If the original interest is in a self managed superannuation fund, the non‑member spouse, or the member spouse, may request the trustee to roll over or transfer the transferable benefits to another regulated superannuation fund or approved deposit fund, or to an EPSSS or RSA, specified in the request, to be held for the benefit of the non‑member spouse.

7A.07  Request for lump sum payment
 (1) This regulation applies:
 (a) if a non‑member spouse has satisfied a relevant condition of release at the operative time for the payment split; or
 (b) if an allocated pension, market linked pension or account‑based pension is being paid in respect of the original interest; or
 (c) if the non‑member spouse's interest derives from an