Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p1
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 1/52)
Character Range: 72938–75501

3     Part 8 (in‑house asset rules applying to regulated superannuation funds)

 (3) For subsection 17A(5) of the Act, the non‑member spouse is to be treated as being a member of the fund in which the interest is held from the later of:
 (a) the end of 6 months after the operative time for the payment split; and
 (b) the end of 6 months after the time that the trustee receives the agreement or order under which the payment split is effected.
 (4) For regulation 1.03A, the non‑member spouse is to be treated as being a member of the fund in which the interest is held from the operative time for the payment split.
 (5) For subsection 17A(5) of the Act, a non‑member spouse who became a member of a fund as a result of the creation of a non‑member spouse interest under Division 7A.1A is not treated as a member of the fund until the earlier of:
 (a) 6 months after the operative time for the payment split; and
 (b) the time that the non‑member spouse's interest in the fund is confirmed under regulation 7A.03H or 7A.03I.

1.04AA  Self managed superannuation funds—persons not taken to be employees (Act s 17A(8))
 (1) For the purposes of paragraph 17A(8)(b) of the Act, a class of persons is a specified class if it comprises persons each of whom is, in relation to a member of a superannuation fund, an exempt person mentioned in subregulation (2).
 (2) A person is an exempt person in relation to a member of a superannuation fund if:
 (a) the person is an employer‑sponsor of the fund; and
 (b) the member is a director of the employer‑sponsor.
 (3) For the purposes of paragraph 17A(8)(b) of the Act, a class of persons is a specified class if it comprises persons each of whom is a member of a superannuation fund in relation to which the following circumstances exist:
 (a) the person is the employer, but not a relative, of a member of the fund (the employee);
 (b) another member is the employer, and a relative, of that employee.

Part 1A—Annuities and pensions

Division 1A.1

1.05A  Interpretation
  In this Division, unless a contrary intention appears:
rolled over means paid as a superannuation lump sum within the superannuation system.

1.05  Meaning of annuity (Act, s 10)
 (1) A benefit that is provided by a life insurance company or a registered organisation is taken to be an annuity for the purposes of the Act if:
 (a) it arises under a contract that:
 (i) meets the standards of subregulation (11A) or 1.06A(2); and
 (ii) does not permit the capital supporting the annuity to be added to by way of contribution or rollover after the