Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p12
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 12/66)
Character Range: 253390–257069

(i) a new interest is created in the fund for the non‑member spouse; or
 (ii) the transferable benefits of the non‑member spouse are rolled over or transferred to another fund, an EPSSS or an RSA.
 (2) If subparagraph (1)(b)(i) applies, the trustee may decide that all the benefits held in the original interest, and in the new interest, immediately after the new interest is created are minimum benefits.
 (3) If subparagraph (1)(b)(ii) applies, the trustee may decide that all the benefits held in the original interest immediately after the transferable benefits are rolled over or transferred are minimum benefits.
Note: Transferable benefits rolled over or transferred to another regulated superannuation fund would be minimum benefits in accordance with regulation 5.06.
 (4) However, the trustee must not make a decision mentioned in subregulation (2) or (3) if the decision would have the effect of reducing the minimum benefits held by the other members of the fund.
 (5) If the trustee does not make a decision mentioned in subregulation (2) or (3), the minimum benefits held in the original interest are allocated between the member spouse and the non‑member spouse in proportion to the split of benefits in the original interest.

5.07  Minimum benefits—approved deposit funds
  A member's minimum benefits in an approved deposit fund are the amount of the member's accumulated deposit in that fund.

Division 5.3—Treatment of minimum benefits

5.08  How minimum benefits are to be treated
 (1) For subsections 31(1) and 32(1) of the Act, it is a standard applicable to the operation of regulated superannuation funds and approved deposit funds that the trustee of a fund must ensure that a member's minimum benefits in the fund are maintained in the fund until the benefits are:
 (a) cashed as benefits of the member, other than for the purpose of the member's temporary incapacity; or
 (b) rolled over or transferred as benefits of the member; or
 (c) transferred, rolled over or allotted under Division 6.7.
 (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 member's benefits in the fund 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