Family Law (Superannuation) Amendment Regulations 2008 (No. 1) (Cth)

Family Law (Superannuation) Amendment Regulations 2008 (No. 1)¹

Select Legislative Instrument 2008 No. 13

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.

Dated 5 March 2008

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

ROBERT McCLELLAND

Attorney‑General

Name of Regulations

These Regulations are the Family Law (Superannuation) Amendment Regulations 2008 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Family Law (Superannuation) Regulations 2001

Schedule 1 amends the Family Law (Superannuation) Regulations 2001.

Schedule 1 Amendment

(regulation 3)

[1] Regulation 9B

substitute

9BMeaning of percentage‑only interest — parliament 70 category under Superannuation (State Public Sector) Deed 1990 (Qld)

(1)This regulation applies to a superannuation interest held by a person by belonging to the parliament 70 category under Chapter 9 of the Deed if:

(a)the interest is held by a person who has received salary as a member of the Assembly for an aggregate period of less than 8 years; or

(b)all of the following apply:

(i)the interest is held by a person who has received salary as a member of the Assembly for an aggregate period of at least 8 years;

(ii)after the person first began receiving salary as a member but before the person had completed an aggregate period of service of at least 8 years, the interest became subject to a payment split;

(iii)subregulation (2) does not apply to the payment split; or

(c)all of the following apply:

(i)the interest is a percentage‑only interest under paragraph (b) or this paragraph;

(ii)while the interest is a percentage‑only interest under either of those paragraphs, the interest becomes subject to a second or later payment split;

(iii)subregulation (2) does not apply to at least 1 of the payment splits in relation to the interest.

(2)This subregulation applies to a payment split if:

(a)for a payment split under a superannuation agreement or flag lifting agreement — the agreement has been terminated or set aside; or

(b)for a payment split under a splitting order — the order has been set aside; or

(c)an amount has been paid under subsection 363 (2) of the Deed or subsection 25G (2) of the repealed Act in relation to the entitlement under the applicable superannuation agreement, flag lifting agreement or splitting order; or

(d)the person for whose benefit the applicable superannuation agreement, flag lifting agreement or splitting order was made has elected to be paid a lifetime pension under subsection 367 (4) of the Deed or subsection 25K (4) of the repealed Act in relation to the entitlement under the agreement or order.

(3)In this regulation:

Assembly means the Legislative Assembly of Queensland.

Deed means the Superannuation (State Public Sector) Deed 1990 (Qld).

repealed Act means the Parliamentary Contributory Superannuation Act 1970 (Qld).

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See