Commonwealth Consolidated Acts

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RETIREMENT SAVINGS ACCOUNTS (CONSEQUENTIAL AMENDMENTS) ACT 1997 - SCHEDULE 3

- Amendment of the Bankruptcy Act 1966 1 Subsection 5(1)

Insert:

"provider", in relation to an RSA, has the same meaning as in the Retirement Savings Accounts Act 1997 .

2 Subsection 5(1)

Insert:

"RSA" has the same meaning as in the Retirement Savings Accounts Act 1997 .

3 Subsection 5(1)

Insert:

"RSA holder" has the same meaning as in the Retirement Savings Accounts Act 1997 .

4 At the end of paragraph 116(2)(d)

Add:

(v)
the amount of money a bankrupt holds in an RSA;
(vi)
a payment to a bankrupt from an RSA received on or after the date of the bankruptcy, if the payment is not a pension or annuity within the meaning of the Retirement Savings Accounts Act 1997 .
5 After subsection 116(8)

Insert:

(8A)
The regulations may provide for the provider of an RSA to issue a written evidentiary certificate about the amount of money a bankrupt holds in an RSA. The regulations may provide that, in proceedings under this Act, the certificate is prima facie evidence of the amount of money a bankrupt holds in an RSA for the purposes of subsection (5).

6 Section 139L (after subparagraph (a)(i) of the definition of
income )

Insert:

(ia)
an annuity or pension paid to the bankrupt from an RSA;
7 After sub-subparagraph 249(6)(a)(ii)(B)

Insert:

or (BA) a payment from an RSA;

8 After sub-subparagraph 249(7)(a)(ii)(B)

Insert:

or (BA) a payment from an RSA;

9 After sub-subparagraph 249(8)(a)(ii)(B)

Insert:

or (BA) a payment from an RSA;

10 After section 302A

Insert:

302AB Certain provisions in RSA's terms and conditions to be void
(1)
This section applies to a provision in the terms and conditions of an RSA to the extent to which the provision has the effect that:

(a)
any part of the amount of money a bankrupt holds in an RSA is cancelled, forfeited, reduced or qualified; or
(b)
the provider of the RSA is empowered to exercise a discretion relating to such an amount to the detriment of an RSA holder;

if the RSA holder:

(c)
becomes a bankrupt; or
(d)
commits an act of bankruptcy; or
(e)
executes a deed of assignment or a deed of arrangement under this Act.
(2)
The provision is void.



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