Commonwealth Numbered Regulations

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CORPORATIONS AMENDMENT REGULATIONS 2002 (NO. 3) 2002 NO. 41 - SCHEDULE 2

Amendments commencing at 12.01 am (in the Australian Capital Territory) on the day on which the Family Law Legislation Amendment (Superannuation) Act 2001 commences

(regulation 3)

[1] Subregulation 7.9.44 (1)

omit

will be paid to an eligible rollover fund

insert

will be paid (otherwise than under a payment split) to an eligible rollover fund

[2] Schedule 10A, item 10.1, new paragraph 1017B (5B) (a)

after

superannuation entity

insert

(other than a change that gives effect to a payment split)

[3] Schedule 10A, item 10.1, new paragraph 1017B (5B) (b)

after

an RSA

insert

(other than a change that gives effect to a payment split)

[4] Schedule 10A, item 10.1, new subsection 1017B (5E)

substitute

Fund and RSA transfers
(5E) For subsections (5), (6) and (7), a reference to an event includes:
(a) in relation to a superannuation product:

(i)
the transfer of a member to a different category of membership or to a different fund; and
(ii)
the transfer of the benefits of a member to an RSA or EPSSS (otherwise than under a payment split); and

(b) in relation to an RSA product — the transfer of an amount of an RSA (otherwise than under a payment split) to:

(i)
another RSA offered by an RSA product issuer; or
(ii)
a superannuation entity; or
(iii)
an EPSSS.

[5] Schedule 10A, after item 10.1

insert

10.2 After subsection 1017B (9)

insert

(10) This section does not apply to a change or event in relation to a superannuation product or an RSA product that relates to a payment split in respect of the product.



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