Superannuation Industry (Supervision) Regulations 1994
Subject to regulation 7A.17 , this regulation applies if:
(a) the non-member spouse has not satisfied a relevant condition of release at the time of the splittable payment; and
(b) the splittable payment does not derive from an allocated pension, market linked pension or account-based pension.
(a) allocate the amount to an interest that the trustee creates for the non-member spouse in the regulated superannuation fund or approved deposit fund; or
(b) roll over or transfer the amount to another regulated superannuation fund, an RSA, an approved deposit fund or an EPSSS, to be held for the benefit of the non-member spouse.
The trustee must preserve the amount mentioned in subregulation (2).
(a) 30 days after the splittable payment becomes payable; or
(b) any longer period allowed by the Regulator.
If the non-member spouse ' s entitlement derives from a pension being paid to the member spouse (other than a pension to which regulation 7A.17 applies, an allocated pension, market linked pension or account-based pension), the trustee must allocate, roll over or transfer the amounts to which the non-member spouse is entitled:
(a) if the governing rules of the fund provide for the frequency with which pension payments are to be made to the member spouse - in accordance with those rules; or
(b) in any other case - at least annually.
(a) has received, from the non-member spouse, consent to the allocation, rollover or transfer; or
(b) in the case of a rollover or transfer - believes, on reasonable grounds, that:
(i) the trustee of the receiving regulated superannuation fund, approved deposit fund or EPSSS; or
has received from the non-member spouse consent to the rollover or transfer.
(ii) the receiving RSA provider;
(a) the trustee must:
(i) allocate the amount to an interest that the trustee creates for the non-member spouse in the regulated superannuation fund or approved deposit fund; or
(ii) apply, under subsection 243(2) of the Act, for the issue to the non-member spouse of an interest in an eligible rollover fund that is a regulated superannuation fund; and
(b) if subparagraph (a)(ii) applies - the amount must be rolled over or transferred to that fund.
The consent of the member spouse to a rollover or transfer under this regulation is not required.7A.16(8) [ " consent " ]
In subregulation (5):
(a) written consent; or
(b) any other form of consent determined by the Regulator as sufficient in the circumstances.