Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If the RSA provider does not receive a request under this Division within the time allowed under regulation 4A.09, the RSA provider may:
(a) subject to subregulation (2), roll over or transfer the withdrawal benefit from the non‑member spouse interest to an RSA provided by another RSA provider, or to a superannuation entity or an EPSSS nominated by the non‑member spouse (subject to the terms and conditions of the RSA or the governing rules of the superannuation entity or the EPSSS), to be held for the benefit of the non‑member spouse; or
(b) if the RSA provider does not, within the 28 day period specified in paragraph (2) (a), receive from the non‑member spouse a written notice nominating an RSA, superannuation entity or EPSSS to which the withdrawal benefit from the non‑member spouse interest may be rolled over or transferred, rollover or transfer that amount to an eligible roll over fund.
(2) Subject to subregulation (3A), before rolling over or transferring the withdrawal benefit from the non‑member spouse interest to an RSA, superannuation entity or EPSSS under paragraph (1) (a), the RSA provider must give to the non‑member spouse a written notice stating that:
(a) the non‑member spouse has 28 days from the date of the notice in which to nominate, by written notice to the RSA provider, an RSA, superannuation entity or EPSSS to which the withdrawal benefit from the non‑member spouse interest may be rolled over or transferred; and
(b) if the non‑member spouse does not, within that 28‑day period, nominate an RSA, superannuation entity or EPSSS for that purpose, the RSA provider will rollover or transfer the amount to an eligible rollover fund.
(3) A notice given by the RSA provider under subregulation (2) must state the name and contact details of the eligible rollover fund to which the amount in the non‑member spouse interest may be rolled over or transferred.
(3A) If an RSA provider:
(a) has made reasonable attempts to obtain sufficient information about a non‑member spouse to be able to give a payment split notice; and
(b) has been unable to obtain sufficient information about the non‑member spouse;
the RSA provider is permitted to act under paragraphs (1) (a) and (b) as if those paragraphs did not require the giving of the payment split notice or the notice under subregulation (2).
Example for paragraph (a)
The RSA provider may be unable, after reasonable attempts, to identify an address or location of the non‑member spouse.
(3B) If an RSA provider:
(a) proposes to give a non‑member spouse a notice under subregulation (2); and
(b) has made reasonable attempts to obtain sufficient information about the non‑member spouse to be able to give the notice; and
(c) has been unable to obtain sufficient information about the non‑member spouse;
the RSA provider is not required to give the notice, and is permitted to act under paragraphs (1) (a) and (b) as if those paragraphs did not require the giving of the notice.
Example for paragraph (b)
The RSA provider may be unable, after reasonable attempts, to identify an address or location of the non‑member spouse.
(4) If the RSA provider does not take an action under subregulation (1), the RSA provider must give to the non‑member spouse a written notice:
(a) confirming that the non‑member spouse has an RSA; and
(b) informing the non‑member spouse of the relevant cooling‑off arrangements.
(5) The RSA provider must take an action under subregulation (1) or (4) within 6 months after the later of:
(a) the operative time; and
(b) the time when the RSA provider creates the non‑member spouse interest.