Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p15
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 15/71)
Character Range: 430514–433341

superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non‑member spouse; or
 (c) if there has been no such nomination by the non‑member spouse—consider whether it would be in the best interests of the non‑member spouse to pay the amount of the withdrawal benefit to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.
 (3A) If subparagraph (2)(b)(ii), or paragraph (2)(c), applies in relation to a request, the trustee must:
 (a) roll over or transfer the withdrawal benefit to another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non‑member spouse; or
 (b) if there has been no such nomination by the non‑member spouse—consider whether it would be in the best interests of the non‑member spouse to pay the amount of the withdrawal benefit to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.

7A.03H  Trustee's options if no request is received
 (1) If a trustee does not receive a request under this Division within the time allowed under subregulation 7A.03F(1), the trustee may:
 (aa) create a new interest for the non‑member spouse in the regulated superannuation fund in which the original interest is held; or
 (a) subject to subregulation (2), roll over or transfer the withdrawal benefit from the non‑member spouse interest to another regulated superannuation fund, or to an approved deposit fund, EPSSS or RSA, nominated by the non‑member spouse (subject to the governing rules of the other regulated superannuation fund, the approved deposit fund or EPSSS or the terms and conditions of the RSA) to be held for the benefit of the non‑member spouse; or
 (b) if the trustee does not, within the 28‑day period specified in paragraph (2)(a), receive from the non‑member spouse a written notice nominating 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—consider whether it would be in the best interests of the non‑member spouse to pay the amount of the withdrawal benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.
 (2) Subject to subregulation (3A), before rolling over or transferring the amount to a regulated superannuation fund, approved deposit fund, EPSSS or RSA under paragraph (1)(a), the trustee must give to the non‑member spouse a written notice stating that:
 (a) the non‑member spouse has 28 days from the date of 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)