Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p70
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 178030–180714

(a) be signed by the person making the request; and
 (b) state the date when it is given to the RSA provider; and
 (c) include the name, date of birth and postal address of the person making the request.
 (4) A notice containing a request to retain the non‑member spouse interest under regulation 4A.06 must be accompanied by such other information as the RSA provider requires.
 (5) The RSA provider may allow the request to be withdrawn.

4A.10  Giving effect to a request
 (1) This regulation applies if an RSA provider receives a request under this Division within the time allowed under regulation 4A.09.
 (2) The RSA provider must give effect to the request unless:
 (a) the RSA provider has received an earlier request under this Division in respect of the same interest and the earlier request has not been withdrawn; or
 (b) for a request under regulation 4A.06—the RSA provider of the original interest is not permitted to retain the interest in an RSA for the non‑member spouse; or
 (c) for a request under regulation 4A.07—the RSA provider, superannuation entity or EPSSS specified in the request does not accept the rollover or transfer of benefits for the non‑member spouse.
 (3) If paragraph (2)(b) or (c) applies, the RSA provider must:
 (a) roll over or transfer the amount to an RSA provided by another RSA provider, or to another superannuation entity or an EPSSS, nominated by the non‑member spouse; or
 (b) if there has been no such nomination by the non‑member spouse—consider whether it would be in the best interests of the non‑member spouse to pay the amount of the withdrawal benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.

4A.11  RSA provider's options if no request received
 (1) If the RSA provider does not receive a request under this Division within the time allowed under regulation 4A.09, the RSA provider may:
 (aa) open a new RSA for the non‑member spouse in the non‑member spouse's name; or
 (a) subject to subregulation (2), roll over or transfer the withdrawal benefit from the non‑member spouse interest to an RSA provided by another RSA provider, or to a superannuation entity or an EPSSS nominated by the non‑member spouse (subject to the terms and conditions of the RSA or the governing rules of the superannuation entity or the EPSSS), to be held for the benefit of the non‑member spouse; or
 (b) if the RSA provider does not, within the 28 day period specified in paragraph (2)(a), receive from the non‑member spouse a written notice nominating an RSA, superannuation entity or EPSSS to which the withdrawal benefit from the non‑member spouse interest may be rolled over or