Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p31
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 31/66)
Character Range: 304669–307151

and 7A.18, if the governing rules of a fund permit a member of the fund to require the trustee to provide any benefits in accordance with subregulation (2), the trustee must pay a benefit in respect of the member, on or after the death of the member, to the person or persons mentioned in a notice given to the trustee by the member if:
 (a) the person, or each of the persons, mentioned in the notice is the legal personal representative or a dependant of the member; and
 (b) the proportion of the benefit that will be paid to that person, or to each of those persons, is certain or readily ascertainable from the notice; and
 (c) the notice is in accordance with subregulation (6); and
 (d) the notice is in effect.
 (4A) The trustee is not required to comply with subregulation (4) if the trustee:
 (a) is subject to a court order that has the effect of restraining or prohibiting the trustee from paying a benefit in respect of the member in accordance with a notice of the kind described in that subregulation; or
 (b) is aware that the member of the fund is subject to a court order that:
 (i) requires the member to amend or revoke a notice of that kind that the member has given the trustee; or
 (ii) has the effect of restraining or prohibiting the member from giving a notice of that kind.
 (5) A member who gives notice under subregulation (4) may:
 (a) confirm the notice by giving to the trustee a written notice, signed, and dated, by the member, to that effect; or
 (b) amend, or revoke, the notice by giving to the trustee notice, in accordance with subregulation (6), of the amendment or revocation.
 (6) For paragraphs (4)(c) and (5)(b), the notice:
 (a) must be in writing; and
 (b) must be signed, and dated, by the member in the presence of 2 witnesses, being persons:
 (i) each of whom has turned 18; and
 (ii) neither of whom is a person mentioned in the notice; and
 (c) must contain a declaration signed, and dated, by the witnesses stating that the notice was signed by the member in their presence.
 (7) Unless sooner revoked by the member, a notice under subregulation (4) ceases to have effect:
 (a) at the end of the period of 3 years after the day it was first signed, or last confirmed or amended, by the member; or
 (b) if the governing rules of the fund fix a shorter period—at the end of that period.

6.17AA  Payments prevented under Family Law Act 1975
  If a trustee of a regulated superannuation fund or an approved deposit fund does not make