(a) on or after 1 July 1999, a deduction is allowed for the member under the former section 82AAT of the Income Tax Assessment Act 1936 for a member contribution made before 1 July 1999; and
(b) the benefits arising from the contribution were previously allocated to restricted non‑preserved benefits that became unrestricted non‑preserved benefits under subregulation 6.12(2);
(1) Subject to Subdivision 6.1.5, the amount of a member’s unrestricted non‑preserved benefits in an approved deposit fund is the sum of:
(a) the amount of the member’s benefits in the fund at the end of the day immediately before the commencement day less the amount of the member’s benefits in the fund that were required to be preserved by regulation 21 of the Occupational Superannuation Standards Regulations; and
(b) the amount of benefits of the member that have become unrestricted non‑preserved benefits in the fund in accordance with regulation 6.12; and
(c) the amounts specified in subregulation (2) that the fund receives in respect of the member on or after the commencement day, and that were received by the approved deposit fund before 1 July 2004; and
(d) the amount of unrestricted non‑preserved benefits received by the fund in respect of the member on or after the commencement day; and
(e) the amount of any investment earnings for the period before 1 July 1999 on the amounts mentioned in paragraphs (a), (b), (c) and (d).
(2) The amounts mentioned in paragraph (1)(c) are amounts (other than an amount that is a capital gains tax exempt component) that:
(a) will be taken by section 27D of the Tax Act, as in force before 1 July 2007, to have been expended out of eligible termination payments within the meaning of that section; and
(b) have been received from sources other than:
(i) superannuation funds; or
(ii) approved deposit funds within the meaning of:
(A) the Act; or
(B) the Occupational Superannuation Standards Act 1987 as in force immediately before the commencement of section 5 of the Occupational Superannuation Standards Amendment Act 1993; or
(iii) deferred annuities within the meaning of:
(A) this Part; or
(B) the Occupational Superannuation Standards Regulations; or
(iv) RSAs.
6.12 Movement of benefits between categories by satisfaction of conditions of release
(1) If:
(a) a member of a regulated superannuation fund or an approved deposit fund satisfies a condition of release; and
(b) the relevant cashing restriction in respect of preserved benefits is ‘Nil’;
the member’s preserved benefits in the fund at that time cease to be preserved benefits and become unrestricted non‑preserved benefits.
(2) If:
(a) a member of a regulated superannuation fund satisfies a condition of release; and
(b) the relevant cashing restriction in respect of restricted non‑preserved benefits is ‘Nil’;
the member’s restricted non‑preserved benefits in the fund at that time cease to be restricted non‑preserved benefits and become unrestricted non‑preserved benefits.
(3) This regulation has effect subject to Subdivision 6.1.5.
6.13 Effect of rollover or transfer on unrestricted non‑preserved benefits
Subject to Subdivision 6.1.5, a member’s benefits in a regulated superannuation fund or an approved deposit fund (the transferee fund) that were unrestricted non‑preserved benefits in the source from which they were received continue to be unrestricted non‑preserved benefits in the transferee fund.
Subdivision 6.1.5—Miscellaneous
6.14 Indexation
(1) Benefits that are referred to in this Division as indexed may be aggregated for the purpose of that indexation.
(2) This regulation has no effect after 30 June 1999.
6.15 Contributions and benefits taken to be preserved benefits
(1) Contributions made, or benefits rolled over or transferred, to a regulated superannuation fund or an approved deposit fund are taken to be preserved benefits for the purposes of this Division unless and until the trustee is satisfied that they are not preserved benefits.
(2) Benefits rolled over, transferred or allotted under Division 6.7 to an interest in a regulated superannuation fund held by, or created for, a receiving spouse are taken to be preserved benefits for the purposes of this Division.
6.15A Certain benefits taken to be unrestricted non‑preserved benefits
(1) Benefits in a fund are unrestricted non‑preserved benefits if:
(a) during the transitional period of the fund, there arose in relation to the benefits a circumstance that would have resulted in the satisfaction of a condition of release and a ‘Nil’ cashing restriction if these regulations applied; or
(b) both:
(i) the benefits were rolled over or transferred to the fund from:
(A) a superannuation fund (Fund A) during its transitional period; or
(B) a regulated superannuation fund or an approved deposit fund to which the benefits were rolled over or transferred from a superannuation fund (Fund B) during its transitional period; and
(ii) the trustee is reasonably satisfied that:
(A) during the transitional period of Fund A or Fund B, there arose in relation to the benefits a circumstance that would have resulted in the satisfaction of a condition of release and a ‘Nil’ cashing restriction if these regulations applied; or
(B) before the benefits were rolled over or transferred to Fund A or Fund B from a regulated superannuation fund or an approved deposit fund, the relevant cashing restriction set out in Schedule 1 in respect of the benefits was ‘Nil’.
(2) An investment earning in relation to a benefit of any kind is an unrestricted non‑preserved benefit on a day if:
(a) the benefit was cashed, before that day, in the form of a non‑commutable life pension; and
(b) for a benefit that was commenced under the condition of release mentioned in item 110 or 208 of Schedule 1, the pensioner has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non‑preserved benefits is ‘Nil’; and
(c) the pension commenced to be paid before that day.
(3) An investment earning in relation to a benefit of any kind is an unrestricted non‑preserved benefit on a day if:
(a) the benefit was cashed, before that day, in the form of a non‑commutable life annuity; and
(b) for a benefit that was commenced under the condition of release mentioned in item 110 or 208 of Schedule 1, the annuitant has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non‑preserved benefits is ‘Nil’; and
(c) the annuity commenced to be paid before that day.
(4) An investment earning in relation to a benefit is an unrestricted non‑preserved benefit on a day if:
(a) the benefit is an unrestricted non‑preserved benefit; and
(b) the benefit was cashed, before that day, in the form of a pension; and
(c) for a benefit that was commenced under the condition of release mentioned in item 110 or 208 of Schedule 1, the pensioner has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non‑preserved benefits is ‘Nil’; and
(d) the pension commenced to be paid before that day.
(5) An investment earning in relation to a benefit is an unrestricted non‑preserved benefit on a day if:
(a) the benefit is an unrestricted non‑preserved benefit; and
(b) the benefit was cashed, before that day, in the form of an annuity; and
(c) for a benefit that was commenced under the condition of release mentioned in item 110 or 208 of Schedule 1, the annuitant has satisfied a condition of release in respect of which the cashing restriction for preserved benefits and restricted non‑preserved benefits is ‘Nil’; and
(d) the annuity commenced to be paid before that day.
6.16 Redistribution of member benefits within a fund in certain circumstances by operation of governing rules or action of trustee
(1) For the purpose of subregulation (2), the following are categories of benefits:
(a) preserved benefits, as defined in Subdivision 6.1.2;
(b) restricted non‑preserved benefits, as defined in Subdivision 6.1.3;
(c) unrestricted non‑preserved benefits, as defined in Subdivision 6.1.4.
(2) For the purposes of this Part, the governing rules of a fund, or the trustee of a fund, may alter the category of any of a member’s benefits in the fund but, subject to subregulation (3), not so as to:
(a) decrease the amount of the member’s preserved benefits in the fund; or
(b) increase the amount of the member’s unrestricted non‑preserved benefits in the fund.
(3) The trustee may alter the category of benefits in a fund from preserved benefits to unrestricted non‑preserved benefits if:
(a) before the commencement of regulation 6.15A and during the transitional period of the fund, there arose in relation to the benefits a circumstance that would have resulted in the satisfaction of a condition of release and a ‘Nil’ cashing restriction if these regulations applied; or
(b) before the commencement of regulation 6.15A, both:
(i) the benefits were rolled over or transferred to the fund from:
(A) a superannuation fund (Fund A) during its transitional period; or
(B) a regulated superannuation fund or an approved deposit fund to which the benefits were rolled over or transferred from a superannuation fund (Fund B) during its transitional period; and
(ii) the trustee is reasonably satisfied that:
(A) during the transitional period of Fund A or Fund B, there arose in relation to the benefits a circumstance that would have resulted in the satisfaction of a condition of release and a ‘Nil’ cashing restriction if these regulations applied; or
(B) before the benefits were rolled over or transferred to Fund A or Fund B from a regulated superannuation fund or an approved deposit fund, the relevant cashing restriction set out in Schedule 1 in respect of the benefits was ‘Nil’.
6.16A When non‑preserved benefits may be reduced
(1) This regulation applies if, on or after 1 July 1999, the amount of a negative investment return for a period after 30 June 1999 to be debited against a member’s benefits is more than the amount of the member’s preserved benefits.
(2) The negative investment return must be debited in the following order:
(a) first, against the member’s preserved benefits; and
(b) second, against the member’s restricted non‑preserved benefits; and
(c) third (if required), against the member’s unrestricted non‑preserved benefits.
Division 6.2—Payment of benefits
6.17 Restriction on payment
(1) 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.
(2) A member’s benefits in a fund:
(a) may be paid:
(i) by being cashed in accordance with Division 6.3; or
(ii) by being rolled over or transferred in accordance with Division 6.4, 6.5 or 6.7; or
(iii) by being allotted under Division 6.7; and
(b) 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
(c) must be paid in that way when, and to the extent that, the fund is required under this Part to pay them.
(2A) A member’s benefits in a fund:
(a) may be paid:
(i) by being cashed in accordance with Part 7A; or
(ii) by being rolled over or transferred in accordance with Part 7A; and
(b) 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
(c) must be paid in that way when, and to the extent that, the fund is required under Part 7A to pay them.
(2B) A member’s benefits in a fund:
(a) may be paid in a way that is not described in subregulations (2) and (2A):
(i) 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
(ii) 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
(b) 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
(c) must be paid in that way when, and to the extent that, the fund would be required under those regulations to pay them.
(2C) 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.
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 20Section 30, to the extent that it applies to confiscation under section 7
(3) 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.
6.17A Payment of benefit on or after death of member (Act, s 59(1A))
(1) For subsections 31(1) and 32(1) of the Act, the standard set out in subregulation (4) is applicable to the operation of regulated superannuation funds and approved deposit funds.
(2) For subsection 59(1A) of the Act, the governing rules of a fund may permit a member of the fund to require the trustee to provide any benefits in respect of the member, on or after the death of the member, to the legal personal representative or a dependant of the member if the trustee gives to the member information under subregulation (3).
(3) The trustee must give to the member information that the trustee reasonably believes the member reasonably needs for the purpose of understanding the right of that member to require the trustee to provide the benefits.
(4) Subject to subregulation (4A), and regulations 6.17B, 7A.17 and 7A.18, if the governing rules of a fund permit a member of the fund to require the trustee to provide any benefits in accordance with subregulation (2), the trustee must pay a benefit in respect of the member, on or after the death of the member, to the person or persons mentioned in a notice given to the trustee by the member if:
(a) the person, or each of the persons, mentioned in the notice is the legal personal representative or a dependant of the member; and
(b) the proportion of the benefit that will be paid to that person, or to each of those persons, is certain or readily ascertainable from the notice; and
(c) the notice is in accordance with subregulation (6); and
(d) the notice is in effect.
(4A) The trustee is not required to comply with subregulation (4) if the trustee:
(a) is subject to a court order that has the effect of restraining or prohibiting the trustee from paying a benefit in respect of the member in accordance with a notice of the kind described in that subregulation; or
(b) is aware that the member of the fund is subject to a court order that:
(i) requires the member to amend or revoke a notice of that kind that the member has given the trustee; or
(ii) has the effect of restraining or prohibiting the member from giving a notice of that kind.
(5) A member who gives notice under subregulation (4) may:
(a) confirm the notice by giving to the trustee a written notice, signed, and dated, by the member, to that effect; or
(b) amend, or revoke, the notice by giving to the trustee notice, in accordance with subregulation (6), of the amendment or revocation.
(6) For paragraphs (4)(c) and (5)(b), the notice:
(a) must be in writing; and
(b) must be signed, and dated, by the member in the presence of 2 witnesses, being persons:
(i) each of whom has turned 18; and
(ii) neither of whom is a person mentioned in the notice; and
(c) must contain a declaration signed, and dated, by the witnesses stating that the notice was signed by the member in their presence.
(7) Unless sooner revoked by the member, a notice under subregulation (4) ceases to have effect:
(a) at the end of the period of 3 years after the day it was first signed, or last confirmed or amended, by the member; or
(b) if the governing rules of the fund fix a shorter period—at the end of that period.
6.17AA Payments prevented under Family Law Act 1975
If a trustee of a regulated superannuation fund or an approved deposit fund does not make a payment in accordance with the standard set out in subregulation 6.17(2) because the trustee is prevented from doing so:
(a) under subsection 90XL(4) or 90YP(4) of the Family Law Act 1975; or
(b) by an order made under subsection 90XU(1) or 90YZ(1) of the Family Law Act 1975;