Small Superannuation Accounts Act 1995

This section applies to an individual’s account if:

the individual gives the Commissioner of Taxation a request (the transfer request) to transfer the account balance to a specified RSA or to the trustee of a specified fund for the benefit of the individual; and

the fund passes the compliance test set out in subsection (2).

Subsection (7) provides for the transfer request to be given by the individual personally or by the trustee acting on behalf of the individual.

For the purposes of this section, a fund passes the compliance test if:

the fund is an exempt public sector superannuation scheme within the meaning of the Superannuation Industry (Supervision) Act 1993; or

at the time of the transfer request, the Commissioner of Taxation has obtained a written statement, provided by or on behalf of the trustee of the fund, that the fund:

is a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; and

is not subject to a direction under section 63 of that Act.

Section 63 of the Superannuation Industry (Supervision) Act 1993 deals with funds that have been directed not to accept contributions from an employer‑sponsor.

The transfer request must be:

in writing; and

in a form approved in writing by the Commissioner of Taxation.

The Commissioner of Taxation must pay to the provider of the RSA, or to the trustee, for the benefit of the individual, an amount equal to the account balance immediately before the payment is made. However, this rule does not apply if the Commissioner of Taxation is satisfied that the RSA provider or the trustee is unwilling to accept the payment.

The Special Account is debited for the purposes of making the payment.

When the payment is made, the individual’s account is debited by the amount of the payment.

The transfer request may be given by:

the individual personally; or

the RSA provider or the trustee acting on the individual’s behalf in accordance with an authority given by the individual.

An authority referred to in subsection (7) must be:

in writing; and

in a form approved in writing by the Commissioner of Taxation.

In this section: