SUPERANNUATION INDUSTRY (SUPERVISION) REGULATIONS 1994

PART 6 - PAYMENT STANDARDS  

Division 6.4 - General rules for rollover and transfer of benefits in regulated superannuation funds and approved deposit funds  

Note: See also Parts 22 and 24 of the Act.

REGULATION 6.28   ROLLOVER - REGULATED SUPERANNUATION FUNDS AND APPROVED DEPOSIT FUNDS  

6.28(1)   [Conditions allowing rollover]  

Except as otherwise provided by the Act, the Corporations Act 2001 , the Corporations Regulations 2001 or these regulations, a member's benefits in a regulated superannuation fund or an approved deposit fund must not be rolled over from the fund unless:


(a) the member has given to the trustee the member's consent to the rollover; or


(b) the trustee of the fund believes, on reasonable grounds, that:


(i) the trustee of the regulated superannuation fund, the approved deposit fund or the EPSSS; or

(ii) the RSA institution providing the RSA;
into which the benefits are to be rolled over has received, from the member, consent to the rollover.

6.28(2)   [Receiving fund]  

The fund to which the money is to be rolled over must not be a registrable superannuation entity that:


(a) is a regulated superannuation fund or an approved deposit fund; and


(b) has not been registered under Part 2B of the Act.




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