Commonwealth Numbered Acts

RETIREMENT SAVINGS ACCOUNTS ACT 1997 No. 61, 1997 - SECT 138

(1) This section applies if:

   (a)  a person is the holder of an RSA provided by an RSA provider; and

   (b)  the holder has quoted (whether as a holder or as a person applying to
        become a holder) his or her tax file number to the RSA provider in
        connection with the operation or the possible future operation of this
        Act.

Transfer of amounts in an RSA to another RSA provider or to a superannuation
entity or regulated exempt public sector superannuation scheme

(2) Subject to subsection (3), if the RSA provider transfers any part of the
amount to another RSA or to a superannuation entity or regulated exempt public
sector superannuation scheme for the benefit of the holder, the RSA provider
must, at the time of the transfer and in the manner approved by the
Commissioner, inform the other RSA provider or the trustee of the
superannuation entity or regulated exempt public sector superannuation scheme
of the holder's tax file number.

Exception

(3) Subsection (2) does not apply where an amount is transferred to another
RSA or to a superannuation entity or regulated exempt public sector
superannuation scheme if, before the transfer, the holder gives the RSA
provider a written statement requesting the RSA provider not to inform any
other RSA provider or any trustee of the holder's tax file number.

Offence

(4) An RSA provider that intentionally or recklessly contravenes subsection
(2) is guilty of an offence punishable on conviction by a fine not exceeding
100 penalty units.