Family Law (Superannuation) (Provision of Information SA Local Government Superannuation Scheme) Determination 2003 (Cth)

Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Determination 2003

as amended

made under subregulation 64(7) of the

Family Law (Superannuation) Regulations 2001

Compilation start date:   1 July 2012

Includes amendments up to:           Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Amendment Determination 2012 (No. 1)

About this compilation

This compilation

This is a compilation of the Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Determination 2003 as in force on 1 July 2012. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 23 December 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of Determination................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Definitions..................................................................................................................... 1

4............ Application of Determination........................................................................................ 1

5............ Information to be provided by trustee............................................................................ 1

Endnotes3

Endnote 1—About the endnotes  3

Endnote 2—Abbreviation key  4

Endnote 3—Legislation history  5

Endnote 4—Amendment history  6

Endnote 5—Uncommenced amendments [none]  7

Endnote 6—Modifications [none]  7

Endnote 7—Misdescribed amendments [none]  7

Endnote 8—Miscellaneous [none]  7

1  Name of Determination

This Determination is the Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Determination 2003.

2  Commencement

This Determination commences on gazettal.

3  Definitions

In this Determination:

Member’s Credit has the same meaning as it has in the Rules.

Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.

Rules means the rules set out in Division 9 of the trust deed.

SA Local Government Superannuation Fund means the Fund established by the Rules.

SA Local Government Superannuation Scheme means the scheme continued in existence by paragraph 2(1)(b) of Schedule 1 to the Local Government (Superannuation Scheme) Amendment Act 2008 of South Australia.

trust deed means the declaration of trust dated 1 May 1986, made by Statewide Superannuation Pty Ltd, as amended and in force on 1 July 2012.

4  Application of Determination

This Determination applies in relation to a superannuation interest in the SA Local Government Superannuation Scheme for which a method and factors have been approved under Part 2 of Schedule 6 to the Methods and Factors Approval.

5  Information to be provided by trustee

For paragraph 64(7)(b) of the Family Law (Superannuation) Regulations 2001, the trustee of the SA Local Government Superannuation Scheme must provide the following information about the superannuation interest:

(a)  for an interest mentioned in item 1 of the table in clause 2 of Part 2 of Schedule 6 to the Methods and Factors Approval—the balance of the Member’s Credit:

(i)  at the date when the application for information is received by the trustee; or

(ii)  if the application for information specifies that the information is required in relation to an earlier date—at that earlier date;

(b)  for an interest mentioned in item 2 of the table in clause 2 of Part 2 of Schedule 6 to the Methods and Factors Approval—the value of the benefit retained by the member spouse in the SA Local Government Superannuation Fund under rule 58 of Sub-division C of the Rules:

(i)  at the date when the application for information is received by the trustee; or

(ii)  if the application for information specifies that the information is required in relation to an earlier date—at that earlier date.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)

Endnote 3—Legislation history

Name	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Determination 2003 (F2003B00312)	25 Nov 2003 (see Gazette 2003, No S433)	25 Nov 2003
Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Amendment Determination 2012 (No. 1)	29 June 2012 (see F2012L01476)	1 July 2012	—

Endnote 4—Amendment history

Provision affected	How affected
s 3........................................	am F2012L01476
s 5........................................	am F2012L01476

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]