Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p39
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 97759–101512

an approved deposit fund to which the benefits were rolled over or transferred from a superannuation fund (Fund B) during its transitional period; and
 (b) the RSA provider is reasonably satisfied that:
 (i) during the transitional period of Fund A or Fund B, there arose in relation to the benefits a circumstance that would have resulted in the satisfaction of a condition of release and a 'Nil' cashing restriction if the SIS Regulations applied; or
 (ii) before the benefits were rolled over or transferred to Fund A or Fund B from a regulated superannuation fund or an approved deposit fund, the relevant cashing restriction set out in Schedule 1 of the SIS Regulations in respect of the benefits was 'Nil'.

Division 4.2—Payment of benefits

4.19  Operating standards
  For the purposes of subsection 38(1) of the Act, the standards set out in regulations 4.20 and 4.20B are applicable to the operation of RSAs.

4.20  Restriction on payment
 (1) The benefits of an RSA holder:
 (a) may be paid only by:
 (i) being cashed under Division 4.3 or Part 4A; or
 (ii) being rolled over or transferred under Division 4.4, 4.4A or 4.5 or Part 4A; or
 (iii) being allotted under Division 4.5; and
 (b) must not be paid except when, and to the extent that, the RSA provider is required or permitted under this Part or Part 4A to pay them; and
 (c) must be paid when, and to the extent that, the RSA provider is required under this Part or Part 4A to pay them.
 (1A) Subregulation (1) 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 benefits of the RSA holder 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 confiscation under section 6 in satisfaction of a person's liability under section 20
                                                                          Section 30, to 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