Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p8
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 8/66)
Character Range: 243185–245914

approved deposit fund; or
 (b) an RSA provided by an RSA institution; or
 (c) an EPSSS;
otherwise than upon the satisfaction by the member of a condition of release (within the meaning of Part 6) for all those benefits.
 (2) For the purposes of this Part, a payment from the Superannuation Holding Accounts Special Account is taken to be a mandated employer contribution.

5.01A  Operating standards—determination of costs and investment return
  For the purposes of subsections 31(1) and 32(1) of the Act:
 (a) the standard set out in subregulations 5.02(1) and (3), 5.02B(2), 5.02C(2) and 5.03(2) is applicable to the operation of regulated superannuation funds and approved deposit funds; and
 (b) the standard set out in subregulation 5.03(1) is applicable to the operation of:
 (i) accumulation funds; and
 (ii) approved deposit funds;
  that maintain reserves.

5.01B  Trustee may provide greater protection than this Part requires
  The trustee of a regulated superannuation fund or approved deposit fund has the power, despite anything in the governing rules of the fund, to protect the benefits of members:
 (a) to a greater degree than is required by this Part; or
 (b) from an earlier date than is required by this Part;
if the trustee does so in a way that is consistent with this Part.
Note: This regulation was amended with effect from 1 July 2013 as part of changes to the former member protection standards. A trustee might choose to continue to protect the benefits of all members from 1 July 2013 until when the trustee starts to enrol members in the MySuper product.

5.02  Determination of costs
 (1) The trustee of a regulated superannuation fund or an approved deposit fund must determine the costs to be charged from time to time against a member's benefits in the fund.
 (2) In determining the costs to be charged against a member's benefits, the trustee may include:
 (a) the direct costs of establishing, operating and terminating the fund; and
 (b) any administrative, insurance and taxation costs relating to the establishment, operation and termination of the fund; and
 (c) if the member's benefits are subject to a payment split, the costs incurred in administering the payment split (not including the costs offset by any fees payable under regulation 59 of the Family Law (Superannuation) Regulations 2001 in respect of the payment split).
 (3) Subject to regulation 5.01B, in determining the costs to be charged against a member's benefits, the trustee must ensure that the costs of the fund (including the costs (if any) incurred by the fund as a result of the operation of Division 5.4) are distributed in a fair and reasonable manner as between:
 (a) all the members of the fund; and
 (b) the