Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p53
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 135317–138122

to inform another RSA provider or any superannuation fund trustee of the RSA holder's tax file number.
Note: Standards made under subsection 45B(3) of the Act may set out how the information in subregulations (2) and (4) is to be given to the transferring entity (for example, electronically), and may set out additional information that must be given.
 (6) Before the receiving entity gives the information to the transferring entity, the receiving entity must reasonably believe that the RSA holder:
 (a) is aware that the RSA holder may ask the transferring entity for information that the RSA holder reasonably requires for the purpose of understanding any benefit entitlements that the RSA holder may have, including:
 (i) information about any fees or charges that may apply to the proposed rollover or transfer; and
 (ii) information about the effect of the proposed rollover or transfer on any benefit entitlements the RSA holder may have; and
 (b) either:
 (i) has obtained any information the RSA holder reasonably requires; or
 (ii) does not require such information.
Note: Under section 1017C of the Corporations Act 2001, an RSA provider must, on request by an RSA holder, give the RSA holder the information and documents mentioned in subsection 1017C(2) or (2A) and subsection 1017C(5) of the Corporations Act 2001. See also regulations 7.9.46 and 7.9.47 of the Corporations Regulations 2001.

4.35E  Transferring entity must electronically receive request
 (1) This regulation applies to an RSA provider (the transferring entity) if the RSA holder of an RSA provided by the transferring entity makes a request for the whole or part of the RSA holder's withdrawal benefit in the RSA to be rolled over or transferred to any of the following (the receiving entity):
 (a) a superannuation entity;
 (b) an RSA provided by another RSA provider.
 (2) The transferring entity must be able to electronically receive information in relation to the rollover or transfer sent to the transferring entity:
 (a) by the receiving entity, in accordance with regulation 4.35D and any applicable Standards made under subsection 45B(3) of the Act; or
 (b) by the receiving entity in accordance with regulation 6.33A of the SIS Regulations and any applicable Standards made under subsection 34K(3) of the SIS Act; or
 (c) by the RSA holder, in accordance with any Standards made under subsection 45B(3) of the Act, or subsection 34K(3) of the SIS Act, that apply in relation to requests for rollovers or transfers of benefits; or
 (d) by the Commissioner of Taxation under regulation 4AA.03.

4.35F  Transferring entity may request information if not provided
 (1) Subregulation (2) applies if:
 (a) an RSA provider of an RSA receives:
 (i) a request to roll over or transfer an RSA holder's withdrawal benefit