Approved deposit funds
Part 2 Approved deposit funds
Column 1 Item no. | Column 2 Conditions of release | Column 3 Cashing restrictions |
|---|---|---|
201 | Retirement | Nil |
202 | Death | Nil |
202A | Terminal medical condition | Nil |
203 | Permanent incapacity | Nil |
204 | Former temporary resident to whom regulation 6.24A applies, requesting in writing the release of his or her benefits | Amount that is at least the amount of the temporary resident’s withdrawal benefit in the fund, paid: (a) as a single lump sum; or |
(b) if the fund receives any combination of contributions, transfers and rollovers after cashing the benefits—in a way that ensures that the amount is cashed | ||
204A | The trustee is required to pay an amount to the Commissioner of Taxation under the Superannuation (Unclaimed Money and Lost Members) Act 1999, or may pay an amount to the Commissioner of Taxation under Part 3D of that Act, for the person’s superannuation interest in the fund | Amount that the trustee is required to pay to the Commissioner of Taxation under the Superannuation (Unclaimed Money and Lost Members) Act 1999, or may pay to the Commissioner of Taxation under Part 3D of that Act, for the person’s superannuation interest in the fund, paid as a lump sum to the Commissioner |
205 | Severe financial hardship | For a person taken to be in severe financial hardship under paragraph 6.01(5)(a)—in each 12 month period (beginning on the date of first payment), a single lump sum not less than $1,000 (except if the amount of the person’s preserved benefits and restricted non‑preserved benefits is less than that amount) and not more than $10,000 |
For a person taken to be in severe financial hardship under paragraph 6.01(5)(b)—Nil | ||
206 | Attaining age 65 | Nil |
207 | The Regulator has determined under subregulation 6.19A(2) that a specified amount of benefits in the approved deposit fund may be released on a compassionate ground | A single lump sum, not exceeding the amount determined, in writing, by the Regulator, being an amount that: (a) taking account of the ground and of the person’s financial capacity, is reasonably required; and (b) in the case of the ground mentioned in paragraph 6.19A(1)(b)—in each 12 month period (beginning on the date of first payment), does not exceed an amount equal to the sum of: (i) 3 months’ repayments; and (ii) 12 months’ interest on the outstanding balance of the loan. |
207AA | The Regulator has determined under subregulation 6.19B(3) (about coronavirus) that a specified amount of benefits in the approved deposit fund may be released on a compassionate ground | A single lump sum, not exceeding the amount determined, in writing, by the Regulator in relation to the fund |
207A | For acquiring a superannuation interest (within the meaning of the 1997 Tax Act) that supports a deferred superannuation income stream to be provided under a contract or rules that meet the standards of subregulation 1.06A(2) | The restrictions contained in paragraph 1.06A(3)(e) |
208 | Attaining preservation age | Any of the following: (a) a transition to retirement income stream; |
(b) a non‑commutable allocated annuity; (c) a non‑commutable allocated pension; (d) a non‑commutable annuity; (e) a non‑commutable pension | ||
208A | The Commissioner of Taxation gives a superannuation provider a release authority under Division 131 in Schedule 1 to the Taxation Administration Act 1953 | The restrictions contained in sections 131‑35 and 131‑40 in that Schedule |
208B | A person gives a superannuation provider a release authority under section 135‑40 in Schedule 1 to the Taxation Administration Act 1953 | The restrictions contained in sections 135‑75 and 135‑85 in that Schedule |
210 | A person gives a transitional release authority to a superannuation provider under section 292‑80B of the Income Tax (Transitional Provisions) Act 1997 | Restrictions contained in subsections 292‑80C(1) and (2) of the Income Tax (Transitional Provisions) Act 1997 |
211 | Being a lost member who is found, and the value of whose benefit in the fund, when released, is less than $200 | Nil |
The definitions set out in subregulation 6.01(2) apply, unless they are in material or expressed not to apply, to Schedule 1; see that subregulation.
This Act’s bill:Explanatory statement
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.