Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p8
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 8/71)
Character Range: 412971–415826

the fund for the member from the employer, and the employer, before or with the contribution, did not provide any of the information mentioned in subregulation 7.07A(2);
 (ii) the contribution is not accompanied by all of the information mentioned in subregulation 7.07E(2); and
 (c) the contribution is not being made to a defined benefit interest.
 (2) The trustee must, not later than 5 business days after receiving the contribution, ask the employer to give the trustee the correct and complete information mentioned in subregulation 7.07A(2) or 7.07E(2) for the member.
 (3) If an employer receives a request from a trustee under subregulation (2), the employer must make all reasonable efforts to give the trustee the complete or correct information for the member not later than 10 business days after receiving the request.
 (4) If the trustee is still unable to allocate the contribution to a member, the trustee must refund the contribution to the employer not later than 20 business days after receiving the contribution.
 (5) If a contribution is refunded under subregulation (4), the contribution is taken not to have been made to the fund by the employer.

7.07H  Contributions to be allocated to member
 (1) This regulation applies to the trustee of a superannuation fund, other than a self managed superannuation fund, if:
 (a) all of the following apply:
 (i) the fund receives a contribution from an employer for a member;
 (ii) the contribution is not required to be allocated in accordance with regulation 7.11;
 (iii) the contribution was made in accordance with any applicable Standards made under subsection 34K(3) of the Act;
 (iv) the information mentioned in subregulation 7.07E(2) for the employee was given by the employer to the fund;
 (v) the information was given in accordance with any applicable Standards made under subsection 34K(3) of the Act; or
 (b) both of the following apply:
 (i) the fund receives a contribution from the Commissioner of Taxation for a member;
 (ii) the Commissioner made the contribution in accordance with any applicable Standards specified under subsection 34K(3) of the Act that would apply if the contribution were being made by an employer.
 (2) If the trustee accepts the contribution, and receives it in accordance with any applicable Standards made under subsection 34K(3) of the Act, the trustee must allocate the contribution to the member as soon as practicable, but in any case not later than 3 business days after both the contribution and the information mentioned in subregulation 7.07E(2) have been received by the trustee.
Note: Regulation 7.08 provides an operating standard for the allocation of contributions to which this regulation and subregulation 7.07G(4) do not apply.

Subdivision 7.2.2—Operating standards

7.07J  Application
 (1) This regulation is made for subitem