Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p59
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 59/66)
Character Range: 375958–378796

the period specified by APRA.
 (4) If the trustee does not provide the further information within the specified period, APRA may treat the application as if it had been withdrawn by the trustee.
 (5) APRA must consider the application and notify the trustee of its decision in writing, within 30 days after the later of:
 (a) the day APRA receives the application; and
 (b) the day APRA receives the further information.
 (6) If APRA believes, on reasonable grounds, that a rollover or transfer of an amount under regulation 6.34 would have a significant adverse effect on:
 (a) the financial position of the fund; or
 (b) the interests of other members of the fund;
APRA may, by notice in writing to the trustee, suspend or vary an obligation of the trustee under regulation 6.34.
 (7) A suspension or variation under subregulation (6) applies for the period specified by APRA in the notice.

6.38  Trustee's obligations if APRA suspends or varies obligation to roll over or transfer amounts
 (1) If, under regulation 6.36 or 6.37, APRA suspends a trustee's obligation to roll over or transfer amounts under regulation 6.34, the trustee must not roll over or transfer an amount under regulation 6.34 for the period of the suspension.
 (2) If, under regulation 6.36 or 6.37, APRA varies a trustee's obligation to roll over or transfer amounts under regulation 6.34, the trustee may roll over or transfer an amount under regulation 6.34 only in accordance with the variation.

Division 6.6—Additional standards for eligible rollover funds

6.39  Obligations of trustees
  The trustee of an eligible rollover fund must comply, as soon as practicable, with a request by a member:
 (a) to pay a benefit of the member in the fund; or
 (b) to pay a benefit in the form of a lump sum.

Division 6.7—Spouse contributions‑splitting amounts

6.40  Interpretation
  In this Division:
allocated surplus contribution amount means an amount that is allocated from a regulated superannuation fund surplus, by a trustee, to meet an employer's liability to make contributions.
applicant means a member who makes an application under subregulation 6.44(1).
concessional contributions has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
concessional contributions cap has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
contributions segment has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
contributions‑splitting superannuation benefit means a payment made in accordance with subregulation 6.45(2).
crystallised segment has the meaning given by subsection 995‑1(1) of the 1997 Tax Act.
defined benefit component has the meaning given by regulation 6.31.
directed termination payment has the meaning given by section 82‑10F of the Income Tax (Transitional Provisions) Act 1997.
element taxed in the fund has the