Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p36
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 90057–92936

1 July 2004, in respect of the RSA holder; and
 (c) the amount of unrestricted non‑preserved benefits received by the RSA institution in respect of the RSA holder; and
 (d) the amount of any investment earnings for the period before 1 July 1999 on the amounts mentioned in paragraphs (a), (b) and (c).
 (2) The amounts mentioned in paragraph (1)(b) are amounts (other than an amount that is a capital gains tax exempt component) that:
 (a) will be taken by section 27D of the Tax Act, as in force before 1 July 2007, to have been expended out of eligible termination payments within the meaning of that section; and
 (b) have been received from sources other than:
 (i) RSAs; or
 (ii) superannuation funds within the meaning of the SIS Act; or
 (iii) approved deposit funds within the meaning of:
 (A) the SIS Act; or
 (B) the Occupational Superannuation Standards Act 1987 as in force immediately before the commencement of section 5 of the Occupational Superannuation Standards Amendment Act 1993; or
 (iv) deferred annuities within the meaning of:
 (A) this Part; or
 (B) the Occupational Superannuation Standards Regulations.
 (3) However, if:
 (a) on or after 1 July 1999, a deduction is allowed for the RSA holder under the former section 82AAT of the Income Tax Assessment Act 1936 for an RSA holder contribution made before 1 July 1999; and
 (b) the benefits arising from the contribution were previously allocated to restricted non‑preserved benefits that became unrestricted non‑preserved benefits under subregulation 4.14(2);
the benefits are taken to be preserved benefits.

4.14  Movement of benefits between categories by satisfaction of conditions of release
 (1) If:
 (a) an RSA holder satisfies a condition of release; and
 (b) the relevant cashing restriction in respect of preserved benefits is 'Nil';
the RSA holder's preserved benefits in the RSA at that time cease to be preserved benefits and become unrestricted non‑preserved benefits.
 (2) If:
 (a) an RSA holder satisfies a condition of release; and
 (b) the relevant cashing restriction in respect of restricted non‑preserved benefits is 'Nil';
the RSA holder's restricted non‑preserved benefits in the RSA at that time cease to be restricted non‑preserved benefits and become unrestricted non‑preserved benefits.
 (3) This regulation has effect subject to Subdivision 4.1.5.

4.15  Effect of rollover or transfer on unrestricted non‑preserved benefits
  Subject to Subdivision 4.1.5, the benefits of the holder of an RSA in the RSA that were unrestricted non‑preserved benefits in the source from which they were received continue to be unrestricted non‑preserved benefits in that RSA.

Subdivision 4.1.5—Miscellaneous

4.17  Contributions and benefits taken to be preserved benefits
 (1) Contributions made, or benefits rolled over or transferred, to an RSA are taken to be preserved benefits for the