Family Law (Superannuation) (Provision of Information - Victorian Pension Schemes) Determination 2008 (Cth)

Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Determination 2008

as amended

made under subregulation 64 (7) of the

Family Law (Superannuation) Regulations 2001

This compilation was prepared on 3 September 2009
taking into account amendments up to Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Amendment Determination 2009 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

1Name of Determination [see Note 1]   3

2Commencement [see Note 1]   3

3Definitions   3

4Application of Determination   3

5Information not required to be provided by trustee   3

6Information trustee must provide   4

Notes 5

1. Name of Determination [see Note 1]

This Determination is the Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Determination 2008.

1. Commencement [see Note 1]

This Determination commences on the day after it is registered.

1. Definitions

In this Determination:

associate judge of the County Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.

Associate Judge of the Supreme Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.

eligible office has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.

Governor means a person appointed as Governor of the State of Victoria under section 6 of the Constitution Act 1975 (Vic).

judge of the County Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.

Judge of the Supreme Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.

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

Regulations means the Family Law (Superannuation) Regulations 2001.

Victorian pension scheme means a scheme mentioned in column 2 of an item in the table in clause 2 of Part 7 of Schedule 3 to the Methods and Factors Approval.

1. Application of Determination

This Determination applies in relation to an interest in a Victorian pension scheme for which a method has been approved under Part 7 of Schedule 3 to the Methods and Factors Approval.

1. Information not required to be provided by trustee

For paragraph 64 (7) (a) of the Regulations, the trustee of a Victorian pension scheme is not required to provide the information mentioned in paragraphs 64 (4) (a), (b), (d), (da) and (e) to (i) of the Regulations about an interest in the scheme.

1. Information trustee must provide

(1)   For paragraph 64 (7) (b) of the Regulations, the trustee of a Victorian pension scheme must provide the following information about an interest in the scheme:

(a)    the information mentioned in the definition of each of the following factors in subclause 4 (1) of Part 7 of Schedule 3 to the Method and Factors Approval:

(i)    FLMR;

(ii)    S;

(iii)    QS;

(b)    in relation to the person who holds the interest:

(i)    the person’s date of birth; and

(ii)    the date when the person first commenced service in the person’s eligible office; and

(iii)    if the person’s eligible office is Governor — the person’s age at the end of the period for which the person agreed to act as Governor; and

(iv)    if the person’s eligible office is Judge of the Supreme Court or Associate Judge of the Supreme Court — the date (if any) when the person first commenced service in a prior office that counts as service in the eligible office under subsection 83 (6) of the Constitution Act 1975 (Vic); and

(v)    if the person’s eligible office is judge of the County Court or associate judge of the County Court — the date (if any) when the person first commenced service in a prior office that counts as service in the eligible office under subsection 14 (5) of the County Court Act1958 (Vic); and

(vi)    if the requirements of Division 2.2 of the Regulations have been satisfied in respect of the entitlement of a spouse or former spouse of the person, being an entitlement arising under a superannuation agreement, a flag lifting agreement or a splitting order that applies to the interest — the date when those requirements were satisfied.

(2)   For the purpose of providing the information mentioned in the definition of S for subparagraph (1) (a) (ii), a reference in the Methods and Factors Approval to ‘the relevant date’ is to be read as if it were a reference to ‘the appropriate date’.

Notes to the Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Determination 2008

Note 1

The Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Determination 2008 (in force under subregulation 64 (7) of the Family Law (Superannuation) Regulations 2001) as shown in this compilation is  amended as indicated in the Tables below.

Table of Instruments

Title	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Determination 2008	1 May 2008 (see F2008L01115)	2 May 2008
Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Amendment Determination 2009 (No. 1)	2 Sept 2009 (see F2009L03350)	3 Sept 2009	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
S. 3.........................................	am. 2009 No. 1
S. 6.........................................	am. 2009 No. 1