Restriction on payment
6.17 Restriction on payment
For the purposes of subsections 31(1) and 32(1) of the Act, the standards set out in subregulations (2), (2A) and (2B) are applicable to the operation of regulated superannuation funds and approved deposit funds.
A member’s benefits in a fund:
may be paid:
by being cashed in accordance with Division 6.3; or
by being rolled over or transferred in accordance with Division 6.4, 6.5 or 6.7; or
by being allotted under Division 6.7; and
must not be paid in that way except when, and to the extent that, the fund is required or permitted under this Part to pay them; and
must be paid in that way when, and to the extent that, the fund is required under this Part to pay them.
A member’s benefits in a fund:
may be paid:
by being cashed in accordance with Part 7A; or
by being rolled over or transferred in accordance with Part 7A; and
must not be paid in that way except when, and to the extent that, the fund is required or permitted under Part 7A to pay them; and
must be paid in that way when, and to the extent that, the fund is required under Part 7A to pay them.
A member’s benefits in a fund:
may be paid in a way that is not described in subregulations (2) and (2A):
as a consequence of the trustee taking action that, because of Part 3 of the Family Law (Superannuation) Regulations 2025, has the effect that a future payment in respect of the superannuation interest of the member spouse would not be a splittable payment; or
as a consequence of the operation of a fund’s governing rules that, because of Part 3 of the Family Law (Superannuation) Regulations 2025, has the effect that a future payment in respect of the superannuation interest of the member spouse would not be a splittable payment; and
must not be paid in that way except when, and to the extent that, the fund would be required or permitted under those Regulations to pay them; and
must be paid in that way when, and to the extent that, the fund would be required under those regulations to pay them.
This regulation 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 member’s benefits in the fund 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 |
For this regulation, a payment to which regulation 7.9.66 or 7.9.68 of the Corporations Regulations 2001 relates is taken to be the payment of a benefit.
This Act’s bill:Explanatory statement
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