Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p26
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 26/66)
Character Range: 290518–293423

benefits.
 (2) If:
 (a) a member of a regulated superannuation fund satisfies a condition of release; and
 (b) the relevant cashing restriction in respect of restricted non‑preserved benefits is 'Nil';
the member's restricted non‑preserved benefits in the fund at that time cease to be restricted non‑preserved benefits and become unrestricted non‑preserved benefits.
 (3) This regulation has effect subject to Subdivision 6.1.5.

6.13  Effect of rollover or transfer on unrestricted non‑preserved benefits
  Subject to Subdivision 6.1.5, a member's benefits in a regulated superannuation fund or an approved deposit fund (the transferee fund) that were unrestricted non‑preserved benefits in the source from which they were received continue to be unrestricted non‑preserved benefits in the transferee fund.

Subdivision 6.1.5—Miscellaneous

6.14  Indexation
 (1) Benefits that are referred to in this Division as indexed may be aggregated for the purpose of that indexation.
 (2) This regulation has no effect after 30 June 1999.

6.15  Contributions and benefits taken to be preserved benefits
 (1) Contributions made, or benefits rolled over or transferred, to a regulated superannuation fund or an approved deposit fund are taken to be preserved benefits for the purposes of this Division unless and until the trustee is satisfied that they are not preserved benefits.
 (2) Benefits rolled over, transferred or allotted under Division 6.7 to an interest in a regulated superannuation fund held by, or created for, a receiving spouse are taken to be preserved benefits for the purposes of this Division.

6.15A  Certain benefits taken to be unrestricted non‑preserved benefits
 (1) Benefits in a fund are unrestricted non‑preserved benefits if:
 (a) during the transitional period of the fund, there arose in relation to the benefits a circumstance that would have resulted in the satisfaction of a condition of release and a 'Nil' cashing restriction if these regulations applied; or
 (b) both:
 (i) the benefits were rolled over or transferred to the fund from:
 (A) a superannuation fund (Fund A) during its transitional period; or
 (B) a regulated superannuation fund or an approved deposit fund to which the benefits were rolled over or transferred from a superannuation fund (Fund B) during its transitional period; and
 (ii) the trustee is reasonably satisfied that:
 (A) during the transitional period of Fund A or Fund B, there arose in relation to the benefits a circumstance that would have resulted in the satisfaction of a condition of release and a 'Nil' cashing restriction if these regulations applied; or
 (B) before the benefits were rolled over or transferred to Fund A or Fund B from a regulated superannuation fund or an approved deposit fund, the relevant cashing restriction set out in Schedule 1 in respect of the benefits was 'Nil'.
 (2) An investment earning in relation to a