Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p16
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 16/71)
Character Range: 433094–435856

the notice in which to nominate, by written notice to the trustee, a regulated superannuation fund, approved deposit fund, EPSSS or RSA to which the withdrawal benefit from the non‑member spouse interest may be rolled over or transferred; and
 (b) if the non‑member spouse does not, within the 28‑day period, nominate a regulated superannuation fund, approved deposit fund, EPSSS or RSA for that purpose, the trustee will 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.
 (3A) If a trustee:
 (a) has made reasonable attempts to obtain sufficient information about a non‑member spouse to be able to give a payment split notice; and
 (b) has been unable to obtain sufficient information about the non‑member spouse;
the trustee is permitted to act under paragraphs (1)(aa), (a) and (b) as if those paragraphs did not require the giving of the payment split notice or the notice under subregulation (2).
Example for paragraph (a): The trustee may be unable, after reasonable attempts, to identify an address or location of the non‑member spouse.
 (3B) If a trustee:
 (a) proposes to give a non‑member spouse a notice under subregulation (2); and
 (b) has made reasonable attempts to obtain sufficient information about the non‑member spouse to be able to give the notice; and
 (c) has been unable to obtain sufficient information about the non‑member spouse;
the trustee is not required to give the notice, and is permitted to act under paragraphs (1)(aa), (a) and (b) as if those paragraphs did not require the giving of the notice.
Example for paragraph (b): The trustee may be unable, after reasonable attempts, to identify an address or location of the non‑member spouse.
 (4) If the trustee does not take an action under subregulation (1), the trustee must give to the non‑member spouse a written notice:
 (a) confirming that the non‑member spouse has an interest in the fund; and
 (b) informing the non‑member spouse of the relevant cooling‑off arrangements.
 (5) The trustee must take an action under subregulation (1) or (4) within 6 months after the later of:
 (a) the operative time; and
 (b) the time when the trustee creates the non‑member interest.
Note: After the new interest in the fund is confirmed, it is no longer a non‑member spouse interest.

7A.03I  Confirming that the non‑member spouse has an interest in the fund
 (1) This regulation applies:
 (a) if:
 (i) a trustee receives a request under regulation 7A.03C within the time allowed under subregulation 7A.03F(1); and
 (ii) paragraph 7A.03G(2)(b) does not apply to the request; or
 (b) if:
 (i) a trustee receives a request under regulation