Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p39
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 39/66)
Character Range: 324378–327038

public sector superannuation scheme if:
 (a) the member:
 (i) was a temporary resident; and
 (ii) is not an Australian citizen, New Zealand citizen or permanent resident; and
 (iii) has left Australia; and
 (b) the member's visa has ceased to be in effect.
 (1A) The member's benefits may be cashed if:
 (a) the trustee of the fund receives a request from the member that the benefits be cashed; and
 (b) subregulation (2) or (3) is complied with.
 (2) If the member's withdrawal benefit in the fund is less than $5 000, the trustee of the fund must receive:
 (a) a copy, or other evidence, of a visa showing that the member was a temporary resident but the member's temporary visa has ceased to be in effect; and
 (b) a copy of the member's passport showing that the member has left Australia.
Note: For the ways of giving evidence of a visa, see regulation 2.17 of the Migration Regulations 1994.
 (3) The trustee of the fund must be satisfied, based on a written statement from the Immigration Department, that:
 (a) the member was a temporary resident but the member's temporary visa has ceased to be in effect; and
 (b) the member has left Australia.
 (3A) For subregulation (3), the statement may be in electronic form.
 (4) If the benefits are cashed, the benefits must be cashed:
 (a) as a single lump sum that is at least the amount of the member's withdrawal benefit in the fund; or
 (b) if the fund receives any combination of contributions, transfers and rollovers after cashing the benefits:
 (i) in a way that ensures that an amount that is at least the amount of the member's withdrawal benefit in the fund is cashed; and
 (ii) without requiring an additional application from the member.
Note: A payment made under this regulation is a 'departing Australia superannuation payment' within the meaning of subsection 995‑1(1) of the 1997 Tax Act.

6.20C  Cashing of benefits in a regulated superannuation fund—payment to Commissioner of Taxation
  If the trustee of a regulated superannuation fund is required to pay an amount to the Commissioner of Taxation under the Superannuation (Unclaimed Money and Lost Members) Act 1999, or chooses to pay an amount to the Commissioner of Taxation under Part 3D of that Act, for a person's superannuation interest in the fund, the amount must be cashed in favour of the Commissioner of Taxation as a lump sum.
Note: An amount required to be paid under the Superannuation (Unclaimed Money and Lost Members) Act 1999 must be paid by the time required under that Act.

6.21  Compulsory cashing of benefits in regulated superannuation funds
 (1) Subject to subregulation (3), a member's benefits in a regulated