Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p21
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 21/71)
Character Range: 445735–448464

non‑member spouse has 28 days from the date of the notice in which to nominate, by written notice to the trustee, a regulated superannuation fund, approved deposit fund, EPSSS or RSA to which the transferable benefits may be rolled over or transferred; and
 (b) if the non‑member spouse does not, within that 28‑day period, nominate a regulated superannuation fund, approved deposit fund, EPSSS or RSA for that purpose, the trustee will consider whether it would be in the best interests of the non‑member spouse to pay the transferable benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.
 (4) If a trustee:
 (a) has made reasonable attempts to obtain sufficient information about a non‑member spouse to be able to give a payment split notice; and
 (b) has been unable to obtain sufficient information about the non‑member spouse;
the trustee is permitted to act under subregulation (1) as if the subregulation did not require the giving of the payment split notice or the notice under subregulation (2).
Example for paragraph (a): The trustee may be unable, after reasonable attempts, to identify an address or location of the non‑member spouse.
 (5) If a trustee:
 (a) proposes to give a non‑member spouse a notice under subregulation (2); and
 (b) has made reasonable attempts to obtain sufficient information about the non‑member spouse to be able to give the notice; and
 (c) has been unable to obtain sufficient information about the non‑member spouse;
the trustee is not required to give the notice, and is permitted to act under paragraphs (1)(b) and (c) as if those paragraphs did not require the giving of the notice.
Example for paragraph (b): The trustee may be unable, after reasonable attempts, to identify an address or location of the non‑member spouse.

7A.11  Creating a new interest
 (1) This regulation applies if the trustee creates a new interest for the non‑member spouse in the regulated superannuation fund or approved deposit fund in which the original interest is held:
 (a) to give effect to a request under regulation 7A.05; or
 (b) on the trustee's initiative under paragraph 7A.03H(1)(aa) or 7A.10(1)(a).
 (2) Subject to subregulations (3) and (4), the value of the benefits that the non‑member spouse has in the new interest must be:
 (a) if the payment split is a base amount payment split and an adjusted base amount applies to the non‑member spouse when the new interest is created—the adjusted base amount less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (b) if the payment split is a base amount payment split and an adjusted base amount does not apply to the non‑member spouse when