Retirement Savings Accounts Amendment Regulations 2004 (No. 3) (197 of 2004)

Schedule 1   Amendments

[32]   Subregulation 4A.27 (5)

substitute

(5) Subject to subregulation (6), the amount must not be allocated, rolled over or transferred unless the transferor RSA provider:

(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 receiving RSA provider; or

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

has received from the non-member spouse consent to the rollover or transfer.