Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p82
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 207502–210278

30 days after the splittable payment becomes payable; or
 (b) any longer period allowed by the Regulator.
 (5) Subject to subregulation (6), the amount must not be allocated, rolled over or transferred unless the transferor RSA provider:
 (a) has received, from the non‑member spouse, consent to the allocation, rollover or transfer; or
 (b) in the case of a rollover or transfer—believes, on reasonable grounds, that:
 (i) the receiving RSA provider; or
 (ii) the trustee of the receiving regulated superannuation fund, approved deposit fund or EPSSS;
  has received from the non‑member spouse consent to the rollover or transfer.
 (6) If the transferor RSA provider believes, on reasonable grounds and after making reasonable inquiries, that the non‑member spouse has not given a consent mentioned in subregulation (5), the RSA provider must:
 (a) consider whether it would be in the best interests of the non‑member spouse to pay the amount to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999; and
 (b) if the RSA provider does not pay the amount to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999—roll over or transfer the transferable benefits to a MySuper product.
 (7) The consent of the member spouse to a rollover or transfer under this regulation is not required.
 (8) In subregulation (5):
consent means:
 (a) written consent; or
 (b) any other form of consent determined by APRA as sufficient in the circumstances.

4A.28  Cashing of non‑member spouse entitlements
 (1) This regulation applies if:
 (a) the non‑member spouse has satisfied a relevant condition of release at the time of the splittable payment; or
 (b) the splittable payment derives from an allocated pension, market linked pension or account based pension.
 (2) When the splittable payment becomes payable, the RSA provider of the RSA in which the original interest is held must:
 (a) pay the amount to which the non‑member spouse is entitled to the non‑member spouse; or
 (b) if the amount is not a pension and the non‑member spouse so requests:
 (i) subject to subregulation (4), open a new RSA in the non‑member spouse's name and transfer the amount to the new RSA; or
 (ii) roll over or transfer the amount to an RSA provided by another RSA provider, or to a regulated superannuation fund, an approved deposit fund or an EPSSS, nominated by the non‑member spouse, to be held for the benefit of the non‑member spouse.
 (3) The RSA provider must comply with subregulation (2) within 30 days after the splittable payment becomes payable.
 (4) An RSA provider must not open a new RSA for a non‑member spouse unless:
 (a) the RSA provider has received an eligible application from the non‑member