Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p31
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 31/71)
Character Range: 470447–473301

RSA nominated by the non‑member spouse; or
 (ii) 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 to which the non‑member spouse is entitled to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.
 (4) If subparagraph (2)(b)(ii) or paragraph (2)(c) applies, the trustee must:
 (a) if the non‑member spouse asks the trustee to pay the amount to which the non‑member spouse is entitled to the non‑member spouse—pay the amount to which the non‑member spouse is entitled; or
 (b) in any other case:
 (i) roll over or transfer the amount to which the non‑member spouse is entitled to another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non‑member spouse; or
 (ii) 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 to which the non‑member spouse is entitled to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.

Division 7A.4—Superannuation interest split under the Family Law (Superannuation) Regulations 2001

7A.19  Application
  This Division applies if a trustee of a superannuation fund:
 (a) creates a new interest in the fund for a non‑member spouse to satisfy regulation 14G of the Family Law (Superannuation) Regulations 2001; or
 (b) transfers or rolls over to another superannuation fund or RSA an amount, to be held for the benefit of a non‑member spouse to satisfy regulation 14G of the Family Law (Superannuation) Regulations 2001; or
 (c) pays an amount to a non‑member spouse to satisfy regulation 14G of the Family Law (Superannuation) Regulations 2001.

7A.20  Creating a new interest
 (1) This regulation applies if the trustee creates a new interest in the fund for the non‑member spouse.
 (2) In creating the new interest:
 (a) a proportion must be taken from the unrestricted non‑preserved benefits, the restricted non‑preserved benefits and the preserved benefits of the member spouse; and
 (b) the proportion taken from each category of benefits must be the same as the category bears to the member spouse's interest immediately before the interest was created.
 (3) The benefits held in the new interest are unrestricted non‑preserved benefits, restricted non‑preserved benefits or preserved benefits in accordance with the character that they had in the member spouse's interest.

7A.21  Rolling over or transferring benefits
 (1) This regulation applies if the trustee rolls over or transfers to another superannuation fund or RSA an amount to be held for the benefit of the non‑member spouse.
 (2) In rolling over or transferring the transferable benefits:
 (a) a proportion must