Retirement Savings Accounts Regulations 1997

PART 3 - BENEFIT PROTECTION STANDARDS  

Division 3.2 - Treatment of benefits  

REGULATION 3.05   HOW BENEFITS ARE TO BE TREATED  

3.05(1)  
An RSA provider must ensure that the benefits of an RSA holder are maintained until the benefits are:


(a) cashed (in accordance with Division 4.3 ) as benefits of the RSA holder, other than for the purpose of the RSA holder's temporary incapacity; or


(b) cashed under Part 4A ; or


(c) rolled over or transferred, as benefits of the RSA holder, or under Part 4A ; or


(d) transferred, rolled over or allotted under Division 4.5.

3.05(2)  


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 benefits of the RSA holder 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 Criminal Property Confiscation Act 2000 Section 30, to the extent that it applies to confiscation under section 6 in satisfaction of a person ' s liability under section 20
Section 30, to the extent that it applies to confiscation under section 7
South Australia
6.1 Criminal Assets Confiscation Act 2005 Section 47
Tasmania
7.1 Crime (Confiscation of Profits) Act 1993 Section 16
Australian Capital Territory
8.1 Confiscation of Criminal Assets Act 2003 Section 54
Section 58
Section 62
Section 67
Northern Territory
9.1 Criminal Property Forfeiture Act 2002 Section 75
Section 76
Section 80
Section 96
Section 97
Section 99




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