Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p50
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 128076–130719

as otherwise provided by the Act, the Corporations Act 2001, the Corporations Regulations 2001 or these Regulations, the benefits of an RSA holder in an RSA must not be rolled over from that RSA unless:
 (a) the RSA holder has given to the RSA provider the RSA holder's consent to the rollover; or
 (b) the RSA provider believes, on reasonable grounds, that:
 (i) the RSA institution providing the RSA; or
 (ii) the trustee of the superannuation entity or EPSSS;
  into which the benefits are to be rolled over has received, from the RSA holder, consent to the rollover.

4.33  Transfer
  Except as otherwise provided by the Act, the Corporations Act 2001, the Corporations Regulations 2001 or these Regulations, the benefits of an RSA holder in an RSA must not be transferred from that RSA unless:
 (a) the RSA holder has given to the RSA provider the RSA holder's consent to the transfer; or
 (b) the RSA provider believes, on reasonable grounds, that:
 (i) the RSA institution providing the RSA; or
 (ii) the trustee of the superannuation entity or EPSSS;
  into which the benefits are to be transferred, has received, from the RSA holder, consent to the transfer.

4.34  When RSA holder's consent need not be given
  The benefits of an RSA holder in an RSA may be transferred from the RSA to another RSA provided by an RSA institution without the consent required under regulation 4.33 if the transfer is the direct result of:
 (a) the takeover of the RSA provider with which the person previously held an RSA, by:
 (i) the RSA institution; or
 (ii) a corporation that is a related corporation of the RSA institution within the meaning of the Corporations Law; or
 (b) a merger involving the RSA provider with which the person previously held an RSA and which results in the creation of the RSA institution; or
 (c) the transfer of any, or all of, the assets and liabilities of the RSA provider with which the person previously held an RSA to the RSA institution:
 (i) under a provision of the Banking Act 1959, the Life Insurance Act 1995 or of any other law of the Commonwealth, a State or a Territory; or
 (ii) under a voluntary transfer of engagements; or
 (iii) on request of a regulatory agency prescribed under regulation 6.12.

Division 4.4A—Compulsory rollover and transfer of benefits in RSAs

4.35  Application of Division 4.4A
  This Division applies to all RSAs.

4.35A  Data and payment matters relating to RSAs
  For subsection 45B(1) of the Act, regulations 4.35B to 4.35P prescribe matters to be complied with.

4.35B  Request forms
  For this Division:
 (a) the forms set out in Schedules 2A and 2B to the SIS Regulations