Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p40
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 101159–104612

the extent that it applies to confiscation under section 7
South Australia
6.1                           Criminal Assets Confiscation Act 2005       Section 47
Tasmania
7.1                           Crime (Confiscation of Profits) Act 1993    Section 16
Australian Capital Territory
8.1                           Confiscation of Criminal Assets Act 2003    Section 54
                                                                          Section 58
                                                                          Section 62
                                                                          Section 67
Northern Territory
9.1                           Criminal Property Forfeiture Act 2002       Section 75
                                                                          Section 76
                                                                          Section 80
                                                                          Section 96
                                                                          Section 97
                                                                          Section 99

 (2) If an RSA provider does not make a payment in accordance with the standard set out in subregulation (1) because the RSA provider is prevented from doing so:
 (a) under subsection 90XL(4) or 90YP(4) of the Family Law Act 1975; or
 (b) by an order made under subsection 90XU(1) or 90YZ(1) of the Family Law Act 1975;
the RSA provider is not in breach of the standard.
Note 1: Subsections 90XL(4) and 90YP(4) of the Family Law Act 1975 provide that while a payment flag is operating on a superannuation interest, the RSA provider must not make any splittable payment to any person in respect of the interest.
Note 2: Subsections 90XU(1) and 90YZ(1) of the Family Law Act 1975 provide that a court may make an order in relation to a superannuation interest directing the RSA provider not to make a splittable payment without the leave of the court.

4.20A  Payment and commutation of pension in breach of standards
  If an RSA provider provides a pension under rules which meet the standards of subregulation 1.07(3A), the RSA provider must not:
 (a) pay the pension in a way that does not meet the standards of that subregulation; or
 (b) allow the pension to be commuted except in accordance with that subregulation.

4.20B  Benefits to be paid as soon as practicable where member satisfies compassionate ground relating to coronavirus
 (1) This regulation applies if:
 (a) the Regulator has determined under subregulation 4.22B(3) (about coronavirus) that a specified amount of benefits in an RSA may be released on a compassionate ground; and
 (b) the RSA provider receives from the Regulator a copy of the determination as referred to in subregulation 4.22B(6).
Note: See item 109AA of Schedule 2.
 (2) The RSA provider must pay the benefits to the RSA holder as soon as practicable after the RSA provider receives the copy of the determination, without requiring any additional application from the RSA holder.

Division 4.3—Cashing of benefits

4.21  Voluntary cashing of preserved benefits
 (1) The preserved benefits of an RSA holder may be cashed on or after the satisfaction by the RSA holder of a condition of release.
Note: For conditions of release for temporary residents, see regulation 4.01B.
 (2) The amount of preserved benefits that may be cashed in accordance with subregulation