Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p32
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 32/66)
Character Range: 306923–309583

if the governing rules of the fund fix a shorter period—at the end of that period.

6.17AA  Payments prevented under Family Law Act 1975
  If a trustee of a regulated superannuation fund or an approved deposit fund does not make a payment in accordance with the standard set out in subregulation 6.17(2) because the trustee is prevented from doing so:
 (a) under subsection 90XL(4) or 90YP(4) of the Family Law Act 1975; or
 (b) by an order made under subsection 90XU(1) or 90YZ(1) of the Family Law Act 1975;
the trustee is not in breach of the standard.
Note 1: Subsections 90XL(4) and 90YP(4) of the Family Law Act 1975 provide that while a payment flag is operating on a superannuation interest, the trustee must not make any splittable payment to any person in respect of the interest.
Note 2: Subsections 90XU(1) and 90YZ(1) of the Family Law Act 1975 provide that a court may make an order in relation to a superannuation interest directing the trustee not to make a splittable payment in respect of the interest without the leave of the court.

6.17B  Duty to seek information
  If an item of information given by a member in a notice under subregulation 6.17A(4) is not sufficiently clear to allow the trustee to pay the benefit, the trustee must seek from the member a written statement to clarify the item as soon as practicable after the trustee receives the notice.
Example: If the proportion of the benefit that will be paid to the person, or to each person, mentioned in the notice is not certain, or is not readily ascertainable from the notice given by the member, the trustee must seek a statement of that proportion from the member.

6.17C  Payment and commutation of pension in breach of standards
  If a regulated superannuation fund provides a pension under rules which meet the standards of subregulation 1.06(2), (7) or (8), the trustee must not:
 (a) pay the pension in a way that does not meet the standards of the relevant subregulation; or
 (b) allow the pension to be commuted except in accordance with the relevant subregulation.

6.17D  Benefits to be paid as soon as practicable where member satisfies compassionate ground relating to coronavirus
 (1) For the purposes of subsections 31(1) and 32(1) of the Act, the standard set out in subregulation (3) is applicable to the operation of regulated superannuation funds and approved deposit funds.
 (2) This regulation applies if:
 (a) the Regulator has determined under subregulation 6.19B(3) (about coronavirus) that a specified amount of benefits in the fund may be released on a compassionate ground; and
 (b) the trustee of the fund receives from the Regulator a copy of the