Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p41
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 41/66)
Character Range: 329049–332771

the Disability Services Act 1986 on the day that would otherwise be applicable under paragraph (2B)(a) or (b).
 (3) For the purposes of subregulation (1), it is sufficient if, instead of being cashed, the benefits are rolled over as soon as practicable for immediate cashing.

6.22  Limitation on cashing of benefits in regulated superannuation funds in favour of persons other than members or their legal personal representatives
 (1) Subject to subregulation (6) and regulations 6.22B, 7A.13, 7A.17 and 7A.18, a member's benefits in a regulated superannuation fund must not be cashed in favour of a person other than the member or the member's legal personal representative:
 (a) unless:
 (i) the member has died; and
 (ii) the conditions of subregulation (2) or (3) are satisfied; or
 (b) unless the conditions of subregulation (4) or (5) are satisfied.
 (2) The conditions of this subregulation are satisfied if the benefits are cashed in favour of either or both of the following:
 (a) the member's legal personal representative;
 (b) one or more of the member's dependants.
 (3) The conditions of this subregulation are satisfied if:
 (a) the trustee has not, after making reasonable enquiries, found either a legal personal representative, or a dependant, of the member; and
 (b) the person in whose favour benefits are cashed is an individual.
 (4) The conditions of this subregulation are satisfied if:
 (a) the superannuation provider has been issued a release authority in respect of the member under section 131‑15 or 135‑40 in Schedule 1 to the Taxation Administration Act 1953; and
 (b) the benefits are cashed in favour of the Commissioner of Taxation in accordance with the authority.
 (5) The conditions of this subregulation are satisfied if the member's benefits are cashed in favour of the Commissioner of Taxation to pay an amount to the Commissioner of Taxation under the Superannuation (Unclaimed Money and Lost Members) Act 1999.
 (6) This regulation does not apply if, under a law of the Commonwealth, a State or a Territory mentioned in the table, a court makes a forfeiture order (however called) forfeiting part or all of the member's benefits in the fund to the Commonwealth, a State or a Territory.

Item                          Law                                         Provision(s)
Commonwealth
1.1                           Proceeds of Crime Act 2002                  Section 47
                                                                          Section 48
                                                                          Section 49
                                                                          Section 92
New South Wales
2.1                           Confiscation of Proceeds of Crime Act 1989  Subsection 18(1)
2.2                           Criminal Assets Recovery Act 1990           Section 22
Victoria
3.1                           Confiscation Act 1997                       Division 1 of Part 3
                                                                          Section 35
                                                                          Part 4
                                                                          Subsection 157(6)
Queensland
4.1                           Criminal Proceeds Confiscation Act 2002     Section 58
                                                                          Section 58A
                                                                          Section 151
                                                                          Part 5 of Chapter 3
Western Australia
5.1                           Criminal Property Confiscation Act 2000     Section 30, to the extent that it applies to