Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p11
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 26956–29443

of the Act
  For the purposes of section 13 of the Act, the criterion that the person must be an individual is prescribed.

1.05  Approved auditor
  For the purposes of the definition of approved auditor in section 16 of the Act, individuals each of whom is:
 (a) under Division 2 of Part 9.2 of the Corporations Law, registered, or taken to be registered, as an auditor; and
 (b) a Member of CPA Australia Limited or the Institute of Chartered Accountants in Australia;
constitute a specified class.

1.05A  Meaning of growth phase
 (1) An RSA interest is taken to be in the growth phase at a particular date, if the RSA holder satisfies 1 of the following requirements at that date:
 (a) the RSA holder has not satisfied a relevant condition of release;
 (b) the RSA holder has satisfied a relevant condition of release but no benefit has been paid in respect of the RSA interest, and no action has been taken by or for the RSA holder under the terms and conditions of the RSA to cash any benefit that the RSA holder is entitled to be paid as a result of satisfying the condition of release;
 (c) the RSA holder has satisfied a relevant condition of release and a benefit (other than a benefit that is paid as a pension) has been paid to, or for the benefit of, the RSA holder or, if the RSA holder has died, to his or her legal personal representative, but no action has been taken by or for the RSA holder, or his or her legal personal representative, under the terms and conditions of the RSA to receive any other benefit that the RSA holder, or his or her estate, is entitled to be paid as a result of satisfying the condition of release.
 (2) In this regulation:
relevant condition of release means a condition of release mentioned in item 101, 102, 103, 106 or 107 of Schedule 2.

1.06  Lost RSA holder
 (1) An RSA holder is taken to be a lost RSA holder at a particular time if:
 (a) the RSA holder is uncontactable, that is, if and only if:
 (i) either:
 (A) the RSA provider has never had an address (whether non‑electronic or electronic) for the RSA holder; or
 (B) the RSA provider has made one or more attempts to send written communications to the RSA holder at the holder's last known address (or addresses), and believes, on reasonable grounds, that the holder can no longer be contacted at that address (or those addresses); and
 (ia) the RSA holder has not contacted the RSA provider (whether by written communication or otherwise) within the last 12 months of the RSA