Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p37
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 37/66)
Character Range: 319369–322212

applies—the person is unable to meet his or her immediate living expenses.
 (2) A person may make one or more applications under subregulation (1) as follows:
 (a) one in the financial year ending 30 June 2020; and
 (b) in a case where paragraph (1)(a) applies—one in the financial year ending 30 June 2021.
However, no application may be made after 31 December 2020.
 (3) The Regulator must determine, in writing, that the person has satisfied, for the purposes of subregulation 6.18(1) or 6.19(1), the condition of release on a compassionate ground if the Regulator has not already made a determination under this regulation or regulation 4.22B of the Retirement Savings Account Regulations 1997 in relation to the person in respect of an application made by the person in the financial year.
 (4) For the purposes of subregulation (3), treat a revoked determination as not having been made.
 (5) A determination under this regulation must specify the superannuation entity or entities and the amount of the preserved benefits, or restricted non‑preserved benefits, that may be released from each specified entity. The sum of the amounts specified in a determination must not exceed $10,000.
 (6) If the Regulator makes a determination under this regulation, the Regulator must give a copy of the determination to the person and the trustee of each specified superannuation entity.

6.20  Voluntary cashing of unrestricted non‑preserved benefits in regulated superannuation funds
 (1) A member's unrestricted non‑preserved benefits in a regulated superannuation fund may be cashed at any time.
 (2) The amount of unrestricted non‑preserved benefits that may be cashed in accordance with subregulation (1) is the whole or part of the member's unrestricted non‑preserved benefits in the fund.
 (3) Subject to subregulation (4), the form in which unrestricted non‑preserved benefits may be cashed under this regulation is, unless the cashing occurs in consequence of the death of the member, any one or more of the following forms:
 (a) one or more lump sums;
 (b) one or more pensions;
 (c) the purchase of one or more annuities.
Note: For the cashing requirement applying on the death of the member, see regulation 6.21.
 (4) A lump sum mentioned in paragraph (3)(a) must be payable not later than the time for the payment of a lump sum mentioned in paragraph 6.21(2)(a).

6.20A  Compulsory cashing of benefits in a regulated superannuation fund that is not an unfunded public sector superannuation scheme—temporary residents
 (1) This regulation applies to a member's benefits in a regulated superannuation fund that is not an unfunded public sector superannuation scheme if:
 (a) the member:
 (i) was a temporary resident; and
 (ii) is not an Australian citizen, New Zealand citizen or permanent resident; and
 (iii) has left Australia; and