Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_3:p7
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 7/8)
Character Range: 1054466–1057384

a *superannuation interest if it is the first superannuation benefit to become payable from the interest, disregarding a benefit that is any of the following:
 (a) a *roll‑over superannuation benefit paid to a *complying superannuation plan that is a *successor fund;
 (b) a benefit that becomes payable under the condition of release specified in item 105 of the table in Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 (about severe financial hardship);
 (c) a benefit that becomes payable under the condition of release specified in item 107 of that table (about compassionate ground);
 (d) a benefit specified in an instrument under subsection (2).
 (2) The Minister may, by legislative instrument, specify a *superannuation benefit for the purposes of paragraph (1)(d).

133‑135  Superannuation provider may request debt account status
 (1) If:
 (a) a *superannuation provider has been given a notice under section 133‑75 saying that the Commissioner has started to keep a debt account for a *superannuation interest; and
 (b) the superannuation provider receives a request to pay the *end benefit from the superannuation interest or the end benefit becomes payable from the superannuation interest;
the superannuation provider may, in the *approved form, request the Commissioner to advise as to the status of the debt account.
 (2) If the Commissioner receives a request, the Commissioner must advise the *superannuation provider as soon as practicable whether or not the debt account is in debit.

133‑140  End benefit notice—superannuation provider
 (1) If the *end benefit becomes payable from a *superannuation interest for which the Commissioner keeps a debt account, the *superannuation provider in relation to the interest must give the Commissioner a notice stating:
 (a) unless subsection (1A) applies—the amount of the end benefit cap mentioned in subsection 133‑120(2) for the superannuation interest; and
 (b) the expected date of payment of the benefit.
Note: If a person is dissatisfied with a notice given to the Commissioner under this subsection, the person may make a complaint under the AFCA scheme (within the meaning of the Corporations Act 2001).
 (1A) The notice does not need to state the amount of the end benefit cap if:
 (a) the *superannuation provider has already given the Commissioner notice of the end benefit cap under subsection 133‑120(2); or
 (b) before the end of the period mentioned in subsection (2), the Commissioner has advised the superannuation provider under subsection 133‑135(2) that the debt account is not in debit.
 (2) The notice must be given within 14 days after the earlier of:
 (a) the *superannuation provider receiving a request (if any) to pay the *superannuation benefit; and
 (b) the superannuation benefit becoming payable.
 (3) However, this section does not apply if the *superannuation provider has not been given a notice