Family Law (Superannuation) Regulations 2001 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations are the
Family Law (Superannuation) Regulations 2001 .
In these Regulations, unless the contrary intention appears:
accumulation interest means a superannuation interest, or a component of a superannuation interest, that is not a defined benefit interest or a small superannuation accounts interest.
Act means theFamily Law Act 1975 .
adjusted base amount , in relation to a non‑member spouse at a particular date, means the base amount allocated to the non‑member spouse, adjusted at that date in accordance with Division 6.1A.
allocated annuity means an annuity that is paid, within a range of minimum and maximum payments, from an identifiable lump sum and includes an annuity that arises under a contract that meets the standards of subregulation 1.05(4) of the SIS Regulations.
allocated pension means a pension paid, within a range of minimum and maximum payments, from an identifiable lump sum, including:
(a) a pension provided under rules of a superannuation fund that meet the standards of subregulation 1.06(4) of the SIS Regulations; and
(b) a pension provided under terms and conditions of an RSA that meet the standards of subregulation 1.07(2) of the RSA Regulations.
annuity provider means a person, body or organisation that has entered into a contract to provide an annuity.
constitutionally protected fund has the meaning given by subsection 995‑1(1) of theIncome Tax Assessment Act 1997 .
Deed means the trust Deed as existing at the time this definition commences governing the scheme continued in existence under section 5 of theSuperannuation (State Public Sector) Act 1990 (Qld).
deferred annuity means an annuity that is not presently payable.
defined benefit interest has the meaning given by regulation 5.
exempt public sector superannuation scheme has the same meaning as in the SIS Act.
fixed term annuity means an annuity that:
(a) is not a market linked annuity; and
(b) is paid for a fixed period.
Government Division Rules means the Division Rules (within the meaning of the Deed) as existing at the time this definition commences that relate to the Government Division referred to in clause 2.1 of the Deed.
growth phase , in relation to a superannuation interest (other than a small superannuation accounts interest) of a member spouse, has the meaning given by regulation 6 or 7.
Judges’ Pensions Act Scheme means the scheme constituted by theJudges’ Pensions Act 1968 for the provision of retirement and other benefits to and in respect of Judges, within the meaning of that Act.
lifetime pension : a benefit in respect of a superannuation interest, or a component of a superannuation interest, of a member spouse in an eligible superannuation plan is alifetime pension of the member spouse if the benefit is payable as a pension for the life of the member spouse.Note: Regulation 11A also affects the meaning of
lifetime pension .
market linked annuity means an annuity, other than an allocated annuity, that:
(a) is paid from an identifiable lump sum; and
(b) arises under a contract that meets the standards of subregulation 1.05(10) of the SIS Regulations.
market linked pension means a pension, other than an allocated pension, paid from an identifiable lump sum that meets the standards of subregulation 1.06(8) of the SIS Regulations or subregulation 1.07(3A) of the RSA Regulations.
member information statement , in relation to a member of an eligible superannuation plan, means a statement issued periodically to the member by the trustee of the plan that sets out information about the value of the member’s interest in the plan (for example, the member’s account balance, share in the plan or withdrawal benefit) at a particular date.
member’s retirement age , for a member who has a defined benefit interest in an eligible superannuation plan, means:
(a) subject to paragraphs (b) and (c), the latest retirement age for the member specified in the governing rules of the plan; or
(b) if the latest retirement age for the member specified in the governing rules of the plan is more than 65 years, or no retirement age is specified in the governing rules of the plan—65 years; or
(c) if the Minister has, under regulation 30, approved a retirement age as the retirement age for members of the plan, or an identifiable class of members of the plan that includes the member—the approved age.
Note: Regulation 30 authorises the Minister to approve as the retirement age for members, or an identifiable class of members, who hold a defined benefit interest in an eligible superannuation plan, an age other than:
(a) the retirement age specified in the governing rules of the plan; or
(b) the age of 65 years.
net earnings , in relation to a superannuation interest in a regulated superannuation fund, approved deposit fund or RSA to which the financial product disclosure provisions of theCorporations Regulations 2001 (being the provisions in Part 7.9 of those Regulations) apply, has the meaning given by regulation 7.9.01 of those Regulations.
partially vested accumulation interest has the meaning given by regulation 9.
Participation Schedule means the part of the Government Division Rules known as the Participation Schedule.
payment phase , in relation to a superannuation interest (other than a small superannuation accounts interest) of a member spouse, has the meaning given by regulation 8.
pension means a pension, within the meaning of section 10 of the SIS Act, payable from an eligible superannuation plan (other than an account within the meaning of theSmall Superannuation Accounts Act 1995 ).
percentage‑only interest has the meaning given by regulation 9A.
public sector superannuation scheme has the same meaning as in the SIS Act.
relevant date , for the purpose of determining, under Part 5, an amount in relation to a superannuation interest that is subject to a payment split, means:
(a) in relation to a payment split under a superannuation agreement or flag lifting agreement:
(i) the date agreed on for that purpose by the parties to the agreement; or
(ii) if no date is agreed on by the parties to the agreement and the agreement is dated—the date shown on the agreement; or
(iii) if no date is agreed on by the parties to the agreement and the agreement is not dated—the date when a copy of the agreement is served on the trustee of the relevant eligible superannuation plan; and
(b) in relation to a payment split under a splitting order—the date determined by the court.
RSA Regulations means theRetirement Savings Accounts Regulations 1997 .
self managed superannuation fund has the same meaning as in the SIS Act.
SIS Regulations means theSuperannuation Industry (Supervision) Regulations 1994 .
small superannuation accounts interest means a superannuation interest in an account within the meaning of theSmall Superannuation Accounts Act 1995 .
superannuation annuity has the meaning given by subsection 995‑1(1) of theIncome Tax Assessment Act 1997 .
superannuation contributions surcharge means superannuation contributions surcharge under theSuperannuation Contributions Tax (Assessment and Collection) Act 1997 .
superannuation fund has the same meaning as in the SIS Act.
unflaggable interest has the meaning given by regulation 10A.
unsplittable interest has the meaning given by regulation 11.
withdrawal benefit :
(a) for a member of a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund, has the meaning given by subregulation 1.03(1) of the SIS Regulations; and
(b) for a member of an RSA, has the meaning given by subregulation 1.03(1) of the RSA Regulations; and
(c) for a member who has a small superannuation accounts interest, means the balance of the member’s account; and
(d) for a member of any other eligible superannuation plan, means the total amount of benefits that would be payable to the member if the member voluntarily ceased to be a member of the plan.
An expression used in these Regulations that is also used in Part VIIIB or VIIIC of the Act has the same meaning as in that Part, to the extent that these Regulations have effect for the purposes of that Part.
Note: See sections 90XD and 90YD of the Act for definitions in Parts VIIIB and VIIIC, respectively, of the Act.
(1) For the purposes of these Regulations, a
defined benefit interest is:
(a) subject to subregulation (2), a superannuation interest that a member spouse has in an eligible superannuation plan, being an interest in respect of the whole of which the member spouse is entitled, when benefits in respect of the interest become payable, to be paid a benefit that is, or may be, defined by reference to one or more of the amounts or factors mentioned in subregulation (1A); or
(b) subject to subregulation (2), a component of a superannuation interest that a member spouse has in an eligible superannuation plan, being a component in respect of which the member spouse is entitled, when benefits in respect of the interest become payable, to be paid a benefit that is, or may be, defined by reference to one or more of the amounts or factors mentioned in subregulation (1A); or
(c) a superannuation interest that:
(i) a member spouse has in the scheme provided for by the
Australian Defence Force Cover Act 2015 ; and(ii) is in the payment phase.
(1A) For subregulation (1), the amounts and factors are as follows:
(a) the amount of:
(i) the member spouse’s salary at the date of the termination of the member spouse’s employment, the date of the member spouse’s retirement, or another date; or
(ii) the member spouse’s salary averaged over a period;
(b) the amount of salary, or allowance in the nature of salary, payable to another person (for example, a judicial officer, a member of the Commonwealth or a State Parliament, a member of the Legislative Assembly of a Territory);
(c) a specified amount;
(d) specified conversion factors.
(2) However, a superannuation interest, or a component of a superannuation interest, is not a
defined benefit interest because of paragraph (1)(a) or (b) if:
(a) the only benefits payable in respect of the interest or component that are defined by reference to the amounts or factors mentioned in subregulation (1A) are benefits payable on death or invalidity; and
(b) there are no other circumstances in which benefits payable in respect of the interest or component are, or could have been, defined by reference to the amounts or factors mentioned in subregulation (1A).
Note 1: Subregulation (2) has the effect that paragraphs (1)(a) and (b) do not apply to a superannuation interest or component if defined benefit factors:
(a) are only used to calculate death or invalidity benefits in respect of the interest or component; and
(b) would not be used to calculate benefits in respect of the interest or component that would become payable in other circumstances, such as on age retirement or the termination of employment.
Note 2: However, subregulation (2) does not prevent a superannuation interest or component mentioned in paragraph (1)(c) being a defined benefit interest for the purposes of these Regulations (even if paragraph (1)(a) or (b) could also apply to the superannuation interest or component).
Example 1: Benefits in respect of a superannuation interest of a member spouse are payable on retirement based on the balance of the member’s account. However, on death or invalidity the benefit is to be defined by reference to amounts or factors mentioned in subregulation (1A). The member retires on invalidity and the benefits that become payable to the member are then defined by reference to those amounts or factors. The superannuation interest is not a defined benefit interest because defined benefit factors only applied, and could only have applied, in the circumstance of the death or invalidity of the member spouse.
Example 2: Benefits in respect of a component of a superannuation interest of a member spouse are payable in a range of circumstances, including death, invalidity or retirement, and are to be defined by reference to amounts or factors mentioned in subregulation (1A). The component is a defined benefit interest because death or invalidity are not the only circumstances in which defined benefit factors are, or could be, applied to calculate the benefits in respect of the interest.
(1) This regulation applies to a superannuation interest of a member spouse in any of the following eligible superannuation plans:
(a) a regulated superannuation fund;
(b) an approved deposit fund;
(c) an RSA.
(2) For these Regulations, the superannuation interest is taken to be in the
growth phase at a particular date if the member spouse satisfies the requirements of subregulation (3), (4) or (5) at that date.(3) A member spouse satisfies the requirements of this subregulation at a particular date if the member spouse has not satisfied a relevant condition of release at that date.
(4) A member spouse satisfies the requirements of this subregulation at a particular date if the member spouse has satisfied a relevant condition of release at that date, but no benefit has been paid in respect of the superannuation interest, and no action has been taken by or for the member spouse under the governing rules of the plan to cash any benefit that the member spouse is entitled to be paid as a result of satisfying the condition of release.
(5) A member spouse satisfies the requirements of this subregulation at a particular date if:
(a) the member spouse has satisfied a relevant condition of release at that date; and
(b) a benefit (other than a benefit that is paid as a pension) has been paid to or for the benefit of the member spouse or, if the member spouse has died, to his or her legal personal representative, but no action has been taken by or for the member spouse, or his or her legal personal representative, under the governing rules of the plan to receive any other benefit that the member spouse, or his or her estate, is entitled to be paid as a result of satisfying the condition of release.
(6) In this regulation:
relevant condition of release means:
(a) for a member spouse who has a superannuation interest in a regulated superannuation fund—a condition of release mentioned in item 101, 102, 103, 106 or 108 of Schedule 1 to the SIS Regulations; and
(b) for a member spouse who has a superannuation interest in an approved deposit fund—a condition of release mentioned in item 201, 202, 203 or 206 of Schedule 1 to the SIS Regulations; and
(c) for a member spouse who has a superannuation interest in an RSA—a condition of release mentioned in item 101, 102, 103, 106 or 107 of Schedule 2 to the RSA Regulations.
(1) This regulation applies to a superannuation interest of a member spouse in any of the following eligible superannuation plans:
(a) a superannuation annuity;
(b) a superannuation fund other than a regulated superannuation fund.
(2) For these Regulations, the superannuation interest is taken to be in the
growth phase at a particular date if, at that date:
(a) a releasing event in relation to the member spouse has not occurred; or
(b) a releasing event in relation to the member spouse has occurred, but no action has been taken by or for the member spouse under the governing rules of the plan to receive any benefit that the member spouse is entitled to be paid as a result of the occurrence of the releasing event; or
(c) a releasing event in relation to the member spouse has occurred and a benefit (other than a benefit that is paid as a pension) has been paid to or for the benefit of the member spouse or, if the member spouse has died, to his or legal personal representative, but no action has been taken by or for the member spouse, or his or her legal personal representative, under the governing rules of the plan to receive any other benefit that the member spouse, or his or her estate, is entitled to be paid as a result of the occurrence of the releasing event.
(3) For this regulation, a
releasing event is taken to have occurred in relation to a member spouse if:
(a) the member spouse has retired; or
(b) the member spouse has died; or
(c) as a result of the member spouse’s ill health (whether physical or mental), the member spouse:
(i) has ceased to be gainfully employed (including if the member spouse has ceased temporarily to receive any gain or reward under a continuing arrangement for the member spouse to be gainfully employed); and
(ii) is unlikely, because of the ill health, ever again to engage in gainful employment for which the member spouse is reasonably qualified by education, training or experience; or
(d) the member spouse has turned 65; or
(e) in the case of a member spouse whose employer has contributed to the member spouse’s eligible superannuation plan in relation to the member spouse—the member spouse has ceased his or her employment with the employer.
(4) In paragraph (3)(e):
employer includes any associates, within the meaning of section 12 of the SIS Act, of the employer.
For these Regulations, a superannuation interest (other than a small superannuation accounts interest) of a member spouse in an eligible superannuation plan is taken to be in the
payment phase at a particular date if the superannuation interest is not in the growth phase at that date.
(1) For these Regulations, an accumulation interest that a member spouse has as a member of an eligible superannuation plan is a
partially vested accumulation interest if subregulation (2) or (3) applies in relation to the interest.(2) This subregulation applies in relation to the superannuation interest if the withdrawal benefit in relation to the member spouse at a particular date is less than the total amount notionally or actually allocated to the member spouse at that date, except if the withdrawal benefit is less than that notional or actual amount because of any of the following reasons:
(a) the trustee of the plan has been assessed to be liable to pay superannuation contributions surcharge in respect of the member spouse, and the trustee has not debited the amount notionally or actually allocated to the member spouse in respect of that liability;
(b) insurance costs have been charged against the member spouse’s benefits in the plan;
(c) any other fees, taxes or charges will be charged against the member spouse’s benefits when the member spouse ceases to be a member of the plan.
(3) This subregulation applies in relation to the superannuation interest if the benefits to which the member spouse is or may be entitled, on voluntarily ceasing to be a member of the eligible superannuation plan, may include an additional benefit that is calculated by reference to the amount that has been credited, under the governing rules of the plan, to the member spouse in respect of contributions that have been made by, or in respect of, the member spouse.
(1) Subject to subregulation (2), for the definitions of
percentage‑only interest in sections 90XD and 90YD of the Act, each of the following superannuation interests is prescribed:
(b) a superannuation interest in the scheme constituted by the
Judges’ Pensions Act 1953 (NSW);(c) a superannuation interest to which regulation 9B applies;
(ca) a superannuation interest in the scheme constituted by the
Judges (Pensions and Long Leave) Act 1957 (Qld);(cb) a superannuation interest in the scheme constituted by the
Governors (Salary and Pensions) Act 2003 (Qld);(d) a superannuation interest in the scheme constituted by the
Judges’ Contributory Pensions Act 1968 (Tas);(e) a superannuation interest in the Parliamentary Retiring Benefits Fund continued, under regulation 50 of the
Retirement Benefits (Parliamentary Superannuation) Regulations 2012 (Tas), as a subfund of the Retirement Benefits Fund;(f) a superannuation interest in a superannuation annuity.
(2) A superannuation interest mentioned in paragraph (1)(ca), (d) or (e) is not a percentage‑only interest if, immediately before the commencement day of the paragraph in which the interest is mentioned:
(a) either:
(i) the interest is covered by a superannuation agreement or a flag lifting agreement that is in force and provides for a payment split; or
(ii) the interest is an interest to which subsection 90XJ(5) or 90YN(5) of the Act applies; or
(b) the interest is covered by a splitting order; or
(c) the non‑member spouse has served a waiver notice on the trustee under section 90XZA or 90YZQ of the Act in respect of the interest.
(3) Subregulation (2) applies only in relation to the agreement, order or notice.
(4) In subregulation (2):
commencement day , for a paragraph in which a superannuation interest is mentioned, means:
(a) for paragraph (1)(ca)—the day on which that paragraph commenced; and
(b) for paragraphs (1)(d) and (e)—2 May 2003.
(1) This regulation applies to a superannuation interest held by a person by belonging to the parliament 70 category under Chapter 9 of the Government Division Rules 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 Participation Scheduleor 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 Participation Schedule 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.
repealed Act means theParliamentary Contributory Superannuation Act 1970 (Qld).
(1) This regulation applies for paragraph (b) of the definitions of
trustee in sections 90XD and 90YD of the Act.(2) Each of the following persons is identified as a trustee of the Judges’ Pensions Act Scheme:
(a) the General Manager of Fair Work Australia for a member of the Scheme who is:
(i) the President (or a former President) of Fair Work Australia; or
(ii) a Deputy President (or a former Deputy President) of Fair Work Australia who was a Presidential Member of the Australian Industrial Relations Commission; or
(iii) a former Presidential Member of the Australian Industrial Relations Commission; or
(iv) a spouse of a person mentioned in subparagraph (i), (ii), or (iii);
(b) in relation to any other member of the Scheme—the Secretary of the Department of Finance and Deregulation.
(3) The Parliamentary Retiring Allowances Trust established under the
Parliamentary Contributory Superannuation Act 1948 is identified as the trustee of the scheme constituted by that Act.(4) An RSA provider that has accepted contributions to an RSA is identified as the trustee of that RSA.
(5) The Commissioner of Taxation is identified as the trustee of an account within the meaning of the
Small Superannuation Accounts Act 1995 .(5A) An annuity provider that has entered into a contract with a person to provide a superannuation annuity to that person is identified as the trustee of that superannuation annuity.
(5B) CSC is identified as the trustee of the scheme constituted by the
Defence Force (Superannuation) (Productivity Benefit) Determination 1988 made under subsection 52(1) of theDefence Act 1903 .(6) In this regulation:
CSC has the meaning given by section 4 of theGovernance of Australian Government Superannuation Schemes Act 2011 .
Presidential Member has the meaning given by section 4 of theWorkplace Relations Act 1996 .
RSA provider has the same meaning as in theRetirement Savings Accounts Act 1997 .
For the definitions of
unflaggable interest in sections 90XD and 90YD of the Act, a superannuation interest of a member spouse that is in the payment phase is prescribed.
(1) Subject to subregulation (2), for the definitions of
unsplittable interest in sections 90XD and 90YD of the Act, a superannuation interest of a member spouse described in subregulation (1A) or (1B) is prescribed.Note: This regulation prescribes the kinds of superannuation interests that are unsplittable interests. An unsplittable interest cannot be the subject of a payment split under a superannuation agreement, a flag lifting agreement or a splitting order: see Parts VIIIB and VIIIC of the Act.
(1A) For subregulation (1), the superannuation interest of the member spouse must be:
(a) an interest other than one in respect of which the whole or remaining part of the benefits are being paid to the member spouse as:
(i) a lifetime pension or fixed‑term pension that the member is no longer entitled to commute; or
(ii) a lifetime annuity or fixed‑term annuity; and
(b) an interest with a withdrawal benefit in relation to the member spouse of less than $5 000.
(1B) For subregulation (1), the superannuation interest of the member spouse must be an interest in respect of which:
(a) the whole or remaining part of the benefits are being paid to the member spouse as:
(i) a lifetime pension or fixed‑term pension that the member is no longer entitled to commute; or
(ii) a lifetime annuity or fixed‑term annuity; and
(b) the amount of the annual benefit payable to the member is less than $2 000.
(2) This regulation does not apply to any of the following superannuation interests:
(a) a superannuation interest in the Judges’ Pensions Act Scheme;
(b) a superannuation interest in the scheme provided under the
Judges’ Pensions Act 1971 of South Australia;(c) a superannuation interest in the scheme constituted by the
Parliamentary Contributory Superannuation Act 1948 .(3) To avoid doubt, an interest that is not covered by this regulation is not an unsplittable interest only because payments in respect of that interest are not splittable payments.
To avoid doubt, for the purposes of these Regulations, a benefit in respect of a superannuation interest, or a component of a superannuation interest, of a member spouse in an eligible superannuation plan that is paid as a pension is not prevented from being a lifetime pension of the member spouse, or a pension payable for the life of a member spouse, merely because:
(a) the benefit is paid upon the retirement of the member spouse (including, but not limited to, retirement on the basis of invalidity); and
(b) under the governing rules of the plan, the payments may be varied (including by being reduced to nil), suspended or cancelled.
(1) For subsections 90XE(2) and 90YG(2) of the Act, each of the following payments in respect of a superannuation interest of a member spouse is not a splittable payment:
(a) a payment of benefits to the member spouse that is made following a determination, under subregulation 6.19A(1) of the SIS Regulations or subregulation 4.22A(1) of the RSA Regulations, that a condition of release of the benefits on a compassionate ground has been satisfied;
(b) a payment to the member spouse that is made because the member spouse is taken to be in severe financial hardship;
(c) a pension payment to the member spouse that is paid on the basis of temporary incapacity (within the meaning of regulation 6.01 of the SIS Regulations), other than a payment that is:
(i) one of a series of payments of that kind that have been paid to the member spouse for a period of at least 2 years and is made more than 2 years after the first such payment of that series; or
(ii) a payment to which paragraph (ea) applies; or
(iii) a payment from a lifetime pension;
(d) if the superannuation interest is in a superannuation fund that is not a regulated superannuation fund—a payment to the member spouse that is made on compassionate grounds as provided by the governing rules of the plan;
(da) if the superannuation interest is in a superannuation annuity that is a deferred annuity—a payment to the member spouse that is made on compassionate grounds under a term of the annuity;
(e) if the superannuation interest is in the superannuation scheme constituted by the
Superannuation Act 1976 or theSuperannuation Act 1990 —a payment to the member spouse that is made:
(i) during any period in which the member spouse’s health is being assessed for the purpose of determining the member spouse’s eligibility for payment on the ground that the member spouse is totally and permanently incapacitated; or
(ii) because the member spouse’s salary or other remuneration, or hours of employment, have been reduced because of ill health;
(ea) if the superannuation interest is in the superannuation scheme continued in existence by the
Superannuation (State Public Sector) Act 1990 (Qld)—a pension payment to the member spouse that is:
(i) an income protection benefit paid under section 50 of the Participation Schedule; or
(ii) an incapacity benefit to which the member spouse is entitled under paragraph 136(b) of the Participation Schedule; or
(iii) an incapacity pension to which the member spouse is entitled under paragraph 199(b) of the Participation Schedule;
Note: In 2022, the scheme continued in existence by the
Superannuation (State Public Sector) Act 1990 (Qld) was known as the Australian Retirement Trust.(f) if the superannuation interest is in an account within the meaning of the
Small Superannuation Accounts Act 1995 —a payment to the member spouse from the account, if:
(i) in accordance with a superannuation agreement, flag lifting agreement or splitting order that has been served on the trustee of the account, the trustee has opened a separate account under the
Small Superannuation Accounts Act 1995 for the non‑member spouse, and has transferred an amount from the member spouse’s account to that separate account; and(ii) but for the operation of this paragraph, the non‑member spouse would have been entitled to be paid an amount in respect of the payment.
Note: This regulation prescribes the kinds of payments that are not splittable payments. Generally, any of these kinds of payments in respect of a member spouse’s superannuation interest will not be a splittable payment (see subsection 90XE(2) or 90YG(2) of the Act).
(2) In this regulation:
severe financial hardship has the meaning given by subregulation 6.01(5) of the SIS Regulations.
(1) For subsections 90XE(2) and 90YG(2) of the Act, each of the following payments made after the death of a member spouse in respect of a superannuation interest of the member spouse is not a splittable payment:
(a) a payment to a reversionary beneficiary who is a child in relation to the member spouse if, at the date of the payment, the child has not turned 18;
(b) a payment to a reversionary beneficiary who is a child in relation to the member spouse if:
(i) immediately before the death of the member spouse, the child was dependent on the member spouse; and
(ii) at the date of the payment, the child has turned 18; and
(iii) the payment is made to enable the child to complete his or her education or, if the child has special needs because of a physical or intellectual disability, to provide maintenance and meet expenses in respect of those needs;
(c) a payment to a reversionary beneficiary for the benefit of a child in relation to the member spouse, if the requirements of paragraph (a) or (b) are satisfied in relation to the child and the payment.
(2) In this regulation:
child , in relation to a member spouse who has a superannuation interest in an eligible superannuation plan, means:
(a) a child of the member spouse, within the meaning of section 60F of the Act; or
(b) a child of the member spouse under the governing rules of the plan; or
(c) a child who has been determined by the trustee of the plan, under the governing rules of the plan, to be a child of the member spouse; or
(d) a child for whom the member spouse had, at the time of his or her death, responsibility for the day‑to‑day care, welfare and development under an order made under Part VII of the Act or Part 5 of the
Family Court Act 1997 of Western Australia, or under a corresponding law of a foreign country.
A payment in respect of a superannuation interest of a member spouse, being a superannuation interest to which a particular superannuation agreement, flag lifting agreement or splitting order applies, is not a splittable payment for the purposes of applying Part VIIIB or VIIIC of the Act to that agreement or order, if the payment is made after the requirements of this Division have been satisfied in relation to the non‑member spouse’s entitlement under the agreement or order in respect of the superannuation interest.
For this Division:
(a)
relevant condition of release , in relation to a superannuation interest, means:
(i) if the superannuation interest is in a regulated superannuation fund, an exempt public sector superannuation scheme—a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the SIS Regulations; and
(ii) if the superannuation interest is in an approved deposit fund—a condition of release mentioned in item 201, 202, 203 or 206 of Schedule 1 to the SIS Regulations; and
(iii) if the superannuation interest is in an RSA—a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 2 to the RSA Regulations; and
(iv) if the superannuation interest is in a superannuation annuity—a condition of release mentioned in item 201, 202, 203 or 206 of Schedule 1 to the SIS Regulations; and
(b) a non‑member spouse satisfies a relevant condition of release if the event specified in the condition has occurred in relation to the non‑member spouse; and
(c) in the application of item 101, 103, 201 or 203 of Schedule 1 to the SIS Regulations to a non‑member spouse, a reference in:
(i) the definition of
permanent incapacity in subregulation 6.01(2) of the SIS Regulations; and(ii) subregulation 6.01(7) of the SIS Regulations;
to a member is taken to be a reference to the non‑member spouse; and
(d) in the application of item 101 or 103 of Schedule 2 to the RSA Regulations to a non‑member spouse, a reference in:
(i) the definition of
permanent incapacity in subregulation 4.01(2) of the RSA Regulations; and(ii) subregulation 4.01(4) of the RSA Regulations;
to an RSA holder is taken to be a reference to the non‑member spouse.
(1) The requirements of this Division are satisfied in relation to a non‑member spouse’s entitlement under a particular superannuation agreement, flag lifting agreement or splitting order in respect of a superannuation interest that is not a percentage‑only interest if the requirements of subregulation (2) or (3) are satisfied.
(2) The requirements of this subregulation are satisfied if the trustee of the relevant eligible superannuation plan has, under the payment split provisions of the SIS Regulations, done any of the following things:
(a) created a new interest in the plan for the non‑member spouse;
(b) transferred or rolled over an amount equal to the value of the benefit that the non‑member spouse would be required to have if a new interest had been created for the non‑member spouse under the payment split provisions of the SIS Regulations;
(c) paid to the non‑member spouse the amount to which he or she is entitled in respect of the superannuation interest at the time of the payment.
(3) The requirements of this subregulation are satisfied if the trustee of the relevant eligible superannuation plan has, under the payment split provisions of the RSA Regulations, done any of the following things:
(a) opened a new RSA for the non‑member spouse;
(b) transferred or rolled over an amount equal to the value that the non‑member spouse would be required to have if a new RSA had been opened for the non‑member spouse under the payment split provisions of the RSA Regulations;
(c) paid to the non‑member spouse an amount that is at least the amount to which the non‑member spouse is entitled in respect of the superannuation interest at the time of the payment.
(4) In this regulation:
payment split provisions of the RSA Regulations means the provisions of the RSA Regulations (other than Division 4A.4) dealing with superannuation interests that are subject to a payment split.
payment split provisions of the SIS Regulations means the provisions of the SIS Regulations (other than Division 7A.3) dealing with superannuation interests that are subject to a payment split.
(1) This regulation applies to a superannuation interest (including an interest in respect of which benefits are payable as an allocated pension or a market linked pension) if the interest:
(a) is not a percentage‑only interest; and
(b) is in a superannuation fund or an approved deposit fund.
(2) The requirements of this Division are satisfied in relation to a non‑member spouse’s entitlement under a particular superannuation agreement, flag lifting agreement or splitting order in respect of a superannuation interest of a member spouse if the requirements of subregulation (3), (4), (5), (5A), (6) or (6A) are satisfied.
(3) Subject to subregulation (7), the requirements of this subregulation are satisfied if:
(a) the interest is not a defined benefit interest in a self managed superannuation fund; and
(b) the trustee of the relevant eligible superannuation plan has, in respect of the non‑member spouse’s entitlement under the agreement or order and under the governing rules of the plan, done either of the following things:
(i) created a new interest in the plan for the non‑member spouse with a value of at least the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the new interest is created;
(ii) transferred or rolled over to another superannuation fund or an RSA an amount, to be held for the benefit of the non‑member spouse, with a value of at least the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the amount is transferred or rolled over.
(4) Subject to subregulation (7), the requirements of this subregulation are satisfied if:
(a) the interest is a defined benefit interest in a self managed superannuation fund; and
(b) the trustee of the plan has, in respect of the non‑member spouse’s entitlement under the agreement or order and under the governing rules of the plan, transferred or rolled over to another superannuation fund or an RSA an amount, to be held for the benefit of the non‑member spouse, with a value of at least the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the amount is transferred or rolled over.
(5) Subject to subregulation (7), the requirements of this subregulation are satisfied if:
(a) the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund; and
(b) the non‑member spouse has satisfied a relevant condition of release in relation to the interest; and
(c) the trustee of the plan has, in respect of the non‑member spouse’s entitlement under the agreement or order, paid to the non‑member spouse an amount equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time of the payment.
(5A) Subject to subregulation (7), the requirements of this subregulation are satisfied if:
(a) the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund; and
(b) at the operative time in relation to the agreement or order, the member spouse was being paid a pension in respect of the interest; and
(c) the trustee of the plan has, in respect of the non‑member spouse’s entitlement under the agreement or order, paid to the non‑member spouse an amount equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time of the payment.
(6) Subject to subregulation (7), the requirements of this subregulation are satisfied if:
(a) the interest is in a superannuation fund that is not a regulated superannuation fund or an exempt public sector superannuation scheme; and
(b) the trustee of the plan has, in respect of the non‑member spouse’s entitlement under the agreement or order, paid to the non‑member spouse an amount equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time of the payment.
(6A) Subject to subregulation (7A), the requirements of this subregulation are satisfied if:
(a) the interest is in a public sector superannuation scheme (the
original scheme ); and(b) at or after the operative time in relation to the agreement or order, and under the governing rules of the original scheme or under the governing rules of another public sector superannuation scheme, a separate entitlement to benefits has arisen for the non‑member spouse in respect of the non‑member spouse’s entitlement under the agreement or order, being a separate entitlement with a value of at least the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the separate entitlement arose.
(7) Subregulations (3), (4), (5), (5A) and (6) do not apply if:
(a) the superannuation interest is a defined benefit interest; and
(b) the governing rules of the plan provide for the reduction of the benefit payable to any other member of the plan (other than the member spouse or a reversionary beneficiary of the member spouse) as a result of the creation of the new interest for the non‑member spouse, transfer or rollover of an amount to be held for the benefit of the non‑member spouse, or payment of the amount to the non‑member spouse.
(7A) Subregulation (6A) does not apply if:
(a) the superannuation interest is a defined benefit interest; and
(b) the governing rules of the original scheme provide for the reduction of the benefit payable to any other member of the scheme (other than the member spouse or a reversionary beneficiary of the member spouse) as a result of the non‑member spouse’s separate entitlement.
(8) For this regulation, the value in respect of a non‑member spouse’s entitlement in respect of a superannuation interest at the time (the
termination time ) when the trustee carries out an action described in any of subregulations (3) to (6), or a separate entitlement arises for the non‑member spouse as described in subregulation (6A), is:
(a) if a base amount applies in relation to the interest—the value under subregulation (9) or (10); or
(b) if, under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii), or paragraph 90XT(1)(b) or 90YY(1)(b), of the Act, a specified percentage is to apply to all splittable payments in respect of the interest—the value under subregulation (11).
(9) For paragraph (8)(a), if:
(a) the termination time occurs before the first payment that, except for the operation of this regulation, would be a splittable payment becomes payable in respect of the superannuation interest; or
(b) paragraph (a) does not apply and one or more payments that, except for the operation of this regulation, would be splittable payments become payable in respect of the superannuation interest after the termination time, and the amount of the first such payment would be more than:
(i) if an adjusted base amount is applicable to the non‑member spouse at the termination time—the sum of the adjusted base amount and the amount of any fees payable by the non‑member spouse under regulation 59; or
(ii) in any other case—the sum of the base amount applicable to the non‑member spouse at the termination time and the amount of any fees payable by the non‑member spouse under regulation 59;
the value at the termination time of the non‑member spouse’s entitlement in respect of the interest is, as the case requires:
(c) the base amount specified by, or calculated in accordance with a method specified by, the relevant agreement or order; or
(d) the base amount allocated to the non‑member spouse under subsection 90XT(4) or 90YY(5) of the Act; or
(e) the adjusted base amount applicable to the non‑member spouse at the termination time.
(10) For paragraph (8)(a), if paragraph (9)(a) or (b) does not apply in relation to the superannuation interest, the value at the termination time of the non‑member spouse’s entitlement in respect of the interest is:
where:
SP(prop) is the proportion of each second and subsequent splittable payment that the non‑member spouse would be entitled to be paid under Part 6.
V is:
(a) for a superannuation interest in a self managed superannuation fund—the value of the interest at the termination time, determined by the method that the court would consider appropriate if it were determining the value of the interest under paragraph 90XT(2)(b) or 90YY(2)(b) (as the case may be) of the Act; and
(b) for a superannuation interest other than an interest in a self managed superannuation fund—the value of the superannuation interest, being the amount in relation to the interest at the termination time, determined in accordance with the relevant method set out in Division 5.2, as if references in that Division to ‘the relevant date’ were references to ‘the termination time’.
F is the amount of any fees payable by the non‑member spouse under regulation 59.
(11) For paragraph (8)(b), the value at the termination time of the non‑member spouse’s entitlement in respect of the superannuation interest is:
(a) if the entitlement is in respect of an interest that is not an accumulation interest (other than a partially vested accumulation interest) or an interest in a self managed superannuation fund—the amount in relation to the interest at the termination time that a court would determine in accordance with Part 5, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse under regulation 59; or
(b) if the entitlement is in respect of an accumulation interest (other than a partially vested accumulation interest or an interest in a self managed superannuation fund)—the amount in relation to the interest at the termination time that a court would determine in accordance with regulation 28 and subregulation 31(2A), multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse under regulation 59; or
(c) if the entitlement is in respect of an interest in a self managed superannuation fund—the value of the interest at the termination time, determined by the method that the court would consider appropriate if it were determining the value of the interest under paragraph 90XT(2)(b) or 90YY(2)(b) (as the case may be) of the Act, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse under regulation 59.
(12) For the avoidance of doubt, nothing in this regulation requires the trustee of an eligible superannuation plan mentioned in paragraph (1)(b) to do any of the things mentioned in subregulation (3), (4), (5), (5A) or (6).
(1) The requirements of this Division are satisfied in relation to a non‑member spouse’s entitlement under a particular superannuation agreement, flag lifting agreement or splitting order in respect of a superannuation interest of a member spouse if the requirements of subregulation (2) or (3) are satisfied.
(2) The requirements of this subregulation are satisfied if:
(a) the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme, an approved deposit fund, an RSA or a superannuation annuity; and
(b) either of the following has happened:
(i) the non‑member spouse has satisfied a relevant condition of release in relation to the interest, and the member spouse has paid to the non‑member spouse an amount in satisfaction of the non‑member spouse’s entitlement in respect of the superannuation interest;
(ii) the non‑member spouse has not satisfied a relevant condition of release in relation to the interest, and the member spouse has paid to another regulated superannuation fund, exempt public sector superannuation scheme or an RSA, an amount, to be held for the benefit of the non‑member spouse, in satisfaction of the non‑member spouse’s entitlement in respect of the superannuation interest; and
(c) the interest was in the growth phase at the time of the payment; and
(d) after the payment mentioned in paragraph (b), a notice in accordance with Form 1 in Schedule 1, signed by the non‑member spouse in respect of the superannuation interest, has been served on the trustee of the plan.
(3) The requirements of this subregulation are satisfied if:
(a) the interest is in a superannuation fund that is not a regulated superannuation fund or an exempt public sector superannuation scheme; and
(b) the member spouse has paid to the non‑member spouse an amount in satisfaction of the non‑member spouse’s entitlement in respect of the superannuation interest; and
(c) the interest was in the growth phase at the time of the payment; and
(d) after the payment, a notice in accordance with Form 1 in Schedule 1, signed by the non‑member spouse in respect of the superannuation interest, has been served on the trustee of the plan.
(1) This regulation applies to a superannuation interest that is a percentage‑only interest if the interest is in a superannuation fund or an approved deposit fund.
(2) The requirements of this Division are satisfied in relation to a non‑member spouse’s entitlement under a particular superannuation agreement, flag lifting agreement or splitting order in respect of a superannuation interest of a member spouse if the requirements of subregulation (3), (4), (4A), (5) or (5A) are satisfied.
(3) Subject to subregulation (6), the requirements of this subregulation are satisfied if:
(a) the trustee of the relevant eligible superannuation plan has, in respect of the non‑member spouse’s entitlement under the agreement or order and under the governing rules of the plan, done either of the following things:
(i) created a new interest in the plan for the non‑member spouse with a value of at least the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the new interest is created;
(ii) transferred or rolled over to another superannuation fund or an RSA an amount, to be held for the benefit of the non‑member spouse, with a value of at least the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the amount is transferred or rolled over; and
(b) the interest was in the payment phase at the time the thing was done.
(4) Subject to subregulation (6), the requirements of this subregulation are satisfied if:
(a) the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund; and
(b) the non‑member spouse has satisfied a relevant condition of release in relation to the interest; and
(c) the trustee of the plan has, in respect of the non‑member spouse’s entitlement under the agreement or order, paid to the non‑member spouse an amount with a value of at least the non‑member spouse’s entitlement in respect of the superannuation interest at the time of the payment; and
(d) the interest was in the payment phase at the time of the payment.
(4A) Subject to subregulation (6), the requirements of this subregulation are satisfied if:
(a) the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund; and
(b) at the operative time in relation to the agreement or order, the member spouse was being paid a pension in respect of the interest; and
(c) the trustee of the plan has, in respect of the non‑member spouse’s entitlement under the agreement or order, paid to the non‑member spouse an amount with a value of at least the non‑member spouse’s entitlement in respect of the superannuation interest at the time of the payment.
(5) Subject to subregulation (6), the requirements of this subregulation are satisfied if:
(a) the interest is in a superannuation fund that is not a regulated superannuation fund or an exempt public sector superannuation scheme; and
(b) the trustee of the plan has, in respect of the non‑member spouse’s entitlement under the agreement or order, paid to the non‑member spouse an amount with a value of at least the non‑member spouse’s entitlement in respect of the superannuation interest at the time of the payment; and
(c) the interest was in the payment phase at the time of the payment.
(5A) Subject to subregulation (6A), the requirements of this subregulation are satisfied if:
(a) the interest is in a public sector superannuation scheme (the
original scheme ); and(b) at or after the operative time in relation to the agreement or order, and under the governing rules of the original scheme or under the governing rules of another public sector superannuation scheme, a separate entitlement to benefits has arisen for the non‑member spouse in respect of the non‑member spouse’s entitlement under the agreement or order, being a separate entitlement with a value of at least the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the separate entitlement arose; and
(c) the interest was in the payment phase at the time the separate entitlement arose.
(6) Subregulations (3), (4), (4A) and (5) do not apply if:
(a) the superannuation interest is a defined benefit interest; and
(b) the governing rules of the plan provide for the reduction of the benefit payable to any other member of the plan (other than the member spouse or reversionary beneficiary of the member spouse) as a result of the creation of the new interest for the non‑member spouse, transfer or rollover of an amount to be held for the benefit of the non‑member spouse, or payment of the amount to the non‑member spouse.
(6A) Subregulation (5A) does not apply if:
(a) the superannuation interest is a defined benefit interest; and
(b) the governing rules of the original scheme provide for the reduction of the benefit payable to any other member of the scheme (other than the member spouse or a reversionary beneficiary of the member spouse) as a result of the non‑member spouse’s separate entitlement.
(7) For this regulation, the value at a particular time of the non‑member spouse’s entitlement in relation to the superannuation interest is:
(a) the value at that time worked out in accordance with Part 2 of Schedule 1A, if:
(i) the superannuation agreement or flag lifting agreement mentioned in subregulation (2) identified the percentage that was to apply for subparagraph 90XJ(1)(b)(i) or 90YN(1)(b)(i) (as the case may be) of the Act; and
(ii) the splitting order mentioned in subregulation (2) was made under paragraph 90XT(1)(c) or 90YY(1)(c) of the Act; or
(b) the value at that time worked out in accordance with Part 3 of Schedule 1A, if:
(i) the superannuation agreement or flag lifting agreement mentioned in subregulation (2) identified a percentage that was to apply for subparagraph 90XJ(1)(b)(ii) or 90YN(1)(b)(ii) (as the case may be) of the Act; and
(ii) the splitting order mentioned in subregulation (2) was made under paragraph 90XT(1)(b) or 90YY(1)(b) of the Act.
(8) For the avoidance of doubt, nothing in this regulation requires the trustee of an eligible superannuation plan mentioned in subregulation (1) to do any of the things mentioned in subregulation (3), (4), (4A) or (5).
(1) This regulation applies to a superannuation interest that is a percentage‑only interest if the interest is in a superannuation annuity that is a deferred annuity.
(2) The requirements of this Division are satisfied in relation to a non‑member spouse’s entitlement under a particular superannuation agreement, flag lifting agreement or splitting order in respect of a superannuation interest of a member spouse if the requirements of subregulation (3), (4), (5) or (6) are satisfied.
(3) The requirements of this subregulation are satisfied if:
(a) the non‑member spouse has satisfied a relevant condition of release in relation to the interest; and
(b) the trustee of the superannuation annuity has, in respect of the non‑member spouse’s entitlement under the agreement or order, paid to the non‑member spouse an amount equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time of the payment; and
(c) the interest is in the growth phase at the time of the payment.
(4) The requirements of this subregulation are satisfied if:
(a) the trustee of the superannuation annuity has, in respect of the non‑member spouse’s entitlement under the agreement or order, transferred or rolled over to a superannuation fund or an RSA an amount, to be held for the benefit of the non‑member spouse, with a value equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the amount is transferred or rolled over; and
(b) the interest is in the growth phase at the amount is transferred or rolled over.
(5) The requirements of this subregulation are satisfied if:
(a) the trustee of the superannuation annuity has, in respect of the non‑member spouse’s entitlement under the agreement or order, established a new deferred annuity that:
(i) provides for the payment of benefits to the non‑member spouse, commencing no earlier than the time when, if the new deferred annuity were taken to be an approved deposit fund for the purposes of Part 6 of the SIS Regulations, that Part would permit or require the payment of benefits from the approved deposit fund; and
(ii) has a value equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the new deferred annuity is established; and
(b) the interest is in the growth phase at the time the new deferred annuity is established.
(6) The requirements of this subregulation are satisfied if:
(a) the trustee of the superannuation annuity has, in respect of the non‑member spouse’s entitlement under the agreement or order, established a new annuity for the benefit of the non‑member spouse that:
(i) is a non‑commutable income stream (within the meaning of the SIS Regulations); and
(ii) has a value equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the new annuity is established; and
(b) the interest is in the growth phase at the time the new annuity is established.
(7) For subregulation (5):
(a) the trustee of the superannuation annuity is taken to have established a new deferred annuity for the benefit of the non‑member spouse if the trustee has entered into an agreement with the non‑member spouse to provide a deferred annuity for the benefit of the non‑member spouse; and
(b) the new deferred annuity is taken to have been established on the date on which the agreement between the trustee and the non‑member spouse is entered into.
(8) For subregulation (6):
(a) the trustee of the superannuation annuity is taken to have established a new annuity (being an annuity that is a non‑commutable income stream) for the benefit of the non‑member spouse if either of the following things have occurred:
(i) the trustee has entered into an agreement with the non‑member spouse to provide, for his or her benefit, an annuity that is a non‑commutable income stream;
(ii) the trustee has paid to another annuity provider an amount equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the payment is made, for the purpose of that annuity provider providing, for the benefit of the non‑member spouse, an annuity that is a non‑commutable income stream; and
(b) the new annuity is taken to have been established:
(i) if subparagraph (a)(i) applies—on the date on which the agreement between the trustee and the non‑member spouse is entered into; or
(ii) if subparagraph (a)(ii) applies—on the date on which the amount mentioned in subparagraph (a)(ii) is paid to the annuity provider by the trustee.
(9) For this regulation, the value in respect of a non‑member spouse’s entitlement in respect of a superannuation interest at the time (the
termination time ) when the trustee carries out an action described in subregulation (3), (4), (5) or (6) is the account balance of the superannuation annuity at the termination time, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse under regulation 59.(10) For the avoidance of doubt, nothing in this regulation requires the trustee of a superannuation annuity mentioned in subregulation (1) to do any of the things mentioned in subregulation (3), (4), (5) or (6).
(1) This regulation applies to a superannuation interest that is a percentage‑only interest if the interest is in a superannuation annuity that is one of the following:
(a) an allocated annuity;
(b) a market linked annuity;
(c) a fixed term annuity;
(d) a lifetime annuity, including a lifetime annuity that is payable for the lives of more than one person.
(2) The requirements of this Division are satisfied in relation to a non‑member spouse’s entitlement under a particular superannuation agreement or splitting order in respect of a superannuation interest of a member spouse if the requirements of subregulation (3), (4) or (5) are satisfied.
(3) The requirements of this subregulation are satisfied if:
(a) the trustee of the superannuation annuity has, in respect of the non‑member spouse’s entitlement under the agreement or order, paid to the non‑member spouse an amount equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time of the payment; and
(b) the interest:
(i) was in the payment phase at the operative time in relation to the agreement or order; and
(ii) is in the payment phase at the time of the payment.
(4) The requirements of this subregulation are satisfied if:
(a) the trustee of the superannuation annuity has, in respect of the non‑member spouse’s entitlement under the agreement or order, transferred or rolled over to a superannuation fund or an RSA an amount, to be held for the benefit of the non‑member spouse, with a value equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the amount is transferred or rolled over; and
(b) the interest is in the payment phase at the time the amount is transferred or rolled over.
(5) The requirements of this subregulation are satisfied if:
(a) the trustee of the superannuation annuity has, in respect of the non‑member spouse’s entitlement under the agreement or order, established any of the following new annuities for the benefit of the non‑member spouse:
(i) an allocated annuity;
(ii) a market linked annuity;
(iii) a fixed term annuity;
(iv) a lifetime annuity; and
(b) the new annuity has a value equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the new annuity is established; and
(c) the interest is in the payment phase at the time the new annuity is established.
(6) For subregulation (5):
(a) the trustee of the superannuation annuity is taken to have established a new annuity for the benefit of the non‑member spouse if either of the following things have occurred:
(i) the trustee has entered into an agreement with the non‑member spouse to provide, for his or her benefit, an annuity that is a type of annuity mentioned in subparagraph (5)(a)(i), (ii), (iii) or (iv);
(ii) the trustee has paid to another annuity provider an amount equal to the value of the non‑member spouse’s entitlement in respect of the superannuation interest at the time the payment is made, for the purpose of that annuity provider providing, for the benefit of the non‑member spouse, an annuity that is a type of annuity mentioned in subparagraph (5)(a)(i), (ii), (iii) or (iv); and
(b) the new annuity is taken to have been established:
(i) if subparagraph (a)(i) applies—on the date on which the agreement between the trustee and the non‑member spouse is entered into; or
(ii) if subparagraph (a)(ii) applies—on the date on which the amount mentioned in subparagraph (a)(ii) is paid to the annuity provider by the trustee.
(7) For this regulation, the value in respect of non‑member spouse’s entitlement in respect of a superannuation interest at the time (the
termination time ) when the trustee carries out an action described in any of subregulations (3) to (5) is:
(a) if the superannuation interest is in a superannuation annuity that is an allocated annuity—the account balance of the allocated annuity at the termination time, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse under regulation 59; or
(b) if the superannuation interest is in a superannuation annuity that is a market linked annuity—the account balance of the market linked annuity at the termination time, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse under regulation 59; or
(c) if the superannuation interest is in a superannuation annuity that is a lifetime annuity—the value of the interest at the termination time calculated in accordance with Schedule 4A, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse under regulation 59; or
(d) if the superannuation interest is in a superannuation annuity that is a fixed term annuity—the value of the interest at the termination time calculated in accordance with Schedule 5A, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse under regulation 59.
(8) For the avoidance of doubt, nothing in this regulation requires the trustee of a superannuation annuity mentioned in subregulation (1) to do any of the things mentioned in subregulation (3), (4) or (5).
This Division applies to a payment split under a superannuation agreement or flag lifting agreement in relation to a superannuation interest of a member spouse if:
(a) the interest is not a percentage‑only interest; and
(b) the agreement specifies:
(i) an amount as a base amount in relation to the interest for the purposes of Part VIIIB or VIIIC of the Act; or
(ii) a method by which a base amount can be calculated at the time when the agreement is served on the trustee under section 90XI or 90YM of the Act.
(1) This regulation applies if the superannuation interest:
(a) is not a small superannuation accounts interest; and
(b) is not in existence at the date of the agreement, or is in the growth phase at the date of the agreement and is not in the payment phase at the date when the agreement is served on the trustee under section 90XI or 90YM of the Act.
(2) The amount (if any) that the non‑member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of the superannuation interest is the amount calculated in accordance with Division 6.2.
(1) This regulation applies if the superannuation interest:
(a) is not a small superannuation accounts interest; and
(b) is in the payment phase at the date of the agreement or the date when the agreement is served on the trustee under section 90XI or 90YM of the Act.
(2) The amount that the non‑member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of the superannuation interest is the amount calculated in accordance with Division 6.3.
This Division applies to a payment split under a superannuation agreement or flag lifting agreement in relation to a superannuation interest of a member spouse if:
(a) the interest is a percentage‑only interest; and
(b) the agreement specifies a percentage that is to apply for the purposes of subparagraph 90XJ(1)(b)(i) or 90YN(1)(b)(i) (as the case may be) of the Act.
The amount that the non‑member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of a superannuation interest that the member spouse has in an eligible superannuation plan (other than a superannuation annuity) is:
where:
Accrued benefit multiple at separation is the member spouse’s accrued benefit multiple, as defined in the governing rules of the eligible superannuation plan in which the superannuation interest is held, at the date when the member spouse and non‑member spouse separated or, if there have been 2 or more separations, at the date of the most recent separation.
Accrued benefit multiple at payment is the member spouse’s accrued benefit multiple, as defined in the governing rules of the eligible superannuation plan in which the superannuation interest is held, at the date when the splittable payment becomes payable in respect of the superannuation interest.
X is the percentage specified in the agreement.
SP is the amount of the splittable payment.
The amount that the non‑member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of a superannuation interest that the member spouse has in a superannuation annuity is the amount of the splittable payment multiplied by the percentage specified in the relevant superannuation agreement or flag‑splitting agreement.
For subsections 90XQ(3) and 90YV(3) of the Act, the
total withdrawal value for all the superannuation interests of a member spouse at a particular time is the amount determined by adding together the withdrawal benefits for each superannuation interest the member spouse has in any eligible superannuation plan at that time.
This Division applies to a payment split under a splitting order in relation to a superannuation interest of a member spouse that is not a percentage‑only interest.
(1) Subject to subregulation (2), the court must determine an amount in relation to the superannuation interest at the relevant date:
(a) if the interest is in the growth phase at the relevant date—in accordance with Division 5.1; and
(b) if the interest is in the payment phase at the relevant date—in accordance with Division 5.2.
(2) Subregulation (1) does not apply if the superannuation interest is:
(a) a small superannuation accounts interest; or
(b) an interest in a self managed superannuation fund; or
(c) an interest in a regulated superannuation fund in relation to which the trustee of the fund has, under section 1017B of the
Corporations Act 2001 (as modified, if necessary, as set out in Part 10 of Schedule 10A to theCorporations Regulations 2001 ), given notice to each member of the fund that the fund is to be reconstructed or terminated.Note 1: See regulation 24 in relation to the determination of an amount in relation to a small superannuation accounts interest.
Note 2: The court must determine an amount in relation to a superannuation interest of the kind mentioned in paragraph (2)(b) or (c) by such method as it considers appropriate—see paragraphs 90XT(2)(b) and 90YY(2)(b) of the Act.
(1) This regulation applies if:
(a) the splitting order is made under paragraph 90XT(1)(a) or 90YY(1)(a) of the Act; and
(b) the superannuation interest in respect of which the order is made is not a small superannuation accounts interest.
(2) The amount that the non‑member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of the superannuation interest is:
(a) if the interest is in the growth phase at the date of the splitting order—the amount calculated in accordance with Division 6.2; and
(b) if the interest is in the payment phase at the date of the splitting order—the amount calculated in accordance with Division 6.3.
(1) This regulation applies if the superannuation interest is a small superannuation accounts interest.
(2) The amount in relation to the interest that the court must determine is the account balance at the relevant date that the Commissioner of Taxation would be required to transfer to a specified RSA, or to the trustee of a complying fund, for the benefit of the member spouse, if the Commissioner had received a transfer request from the member spouse under section 61 of the
Small Superannuation Accounts Act 1995 .(3) In this regulation:
complying fund means a fund that passes the compliance test in subsection 61(2) of theSmall Superannuation Accounts Act 1995 .
This Division applies to a payment split under a splitting order in relation to a superannuation interest of a member spouse that is a percentage‑only interest.
The amount that the non‑member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of a superannuation interest that the member spouse has in an eligible superannuation plan (other than a superannuation annuity) is:
where:
Accrued benefit multiple at separation is the member spouse’s accrued benefit multiple, as defined in the governing rules of the eligible superannuation plan in which the superannuation interest is held, at the date when the member spouse and non‑member spouse separated or, if there have been 2 or more separations, at the date of the most recent separation.
Accrued benefit multiple at payment is the member spouse’s accrued benefit multiple, as defined in the governing rules of the eligible superannuation plan in which the superannuation interest is held, at the date when the splittable payment becomes payable in respect of the superannuation interest.
X is the percentage specified in the splitting order.
SP is the amount of the splittable payment.
The amount that the non‑member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of a superannuation interest that the member spouse has as a member of a superannuation annuity is the amount of the splittable payment multiplied by the percentage specified in the splitting order.
For paragraphs 90XT(2)(a) and 90YY(2)(a) of the Act and paragraph 22(1)(a) of these Regulations, this Division sets out the method for determining an amount in relation to a superannuation interest of a member spouse at the relevant date if the interest:
0 | 0.000 | 0.000 | 0.000 | 0.000 | 0.000 | 0.000 | 0.000 | 0.000 |
1 | 0.969 | 0.981 | 0.981 | 0.986 | 0.985 | 0.988 | 0.983 | 0.993 |
2 | 1.879 | 1.925 | 1.923 | 1.944 | 1.940 | 1.953 | 1.935 | 1.972 |
3 | 2.734 | 2.834 | 2.830 | 2.875 | 2.867 | 2.896 | 2.854 | 2.937 |
4 | 3.536 | 3.709 | 3.702 | 3.780 | 3.765 | 3.816 | 3.744 | 3.889 |
5 | 4.289 | 4.550 | 4.540 | 4.659 | 4.637 | 4.714 | 4.604 | 4.827 |
6 | 4.996 | 5.360 | 5.345 | 5.514 | 5.483 | 5.592 | 5.437 | 5.752 |
7 | 5.661 | 6.140 | 6.120 | 6.344 | 6.303 | 6.449 | 6.241 | 6.664 |
8 | 6.284 | 6.891 | 6.865 | 7.151 | 7.098 | 7.286 | 7.020 | 7.563 |
9 | 6.870 | 7.613 | 7.581 | 7.936 | 7.870 | 8.103 | 7.772 | 8.449 |
10 | 7.420 | 8.308 | 8.270 | 8.698 | 8.618 | 8.901 | 8.500 | 9.323 |
11 | 7.936 | 8.977 | 8.932 | 9.439 | 9.344 | 9.680 | 9.204 | 10.185 |
12 | 8.421 | 9.621 | 9.569 | 10.159 | 10.048 | 10.441 | 9.885 | 11.035 |
13 | 8.876 | 10.241 | 10.181 | 10.858 | 10.731 | 11.184 | 10.544 | 11.872 |
14 | 9.303 | 10.837 | 10.770 | 11.538 | 11.394 | 11.910 | 11.181 | 12.698 |
15 | 9.705 | 11.411 | 11.336 | 12.199 | 12.036 | 12.618 | 11.797 | 13.512 |
16 | 10.081 | 11.963 | 11.880 | 12.841 | 12.659 | 13.310 | 12.393 | 14.315 |
17 | 10.435 | 12.495 | 12.403 | 13.465 | 13.264 | 13.986 | 12.969 | 15.106 |
18 | 10.768 | 13.007 | 12.906 | 14.072 | 13.850 | 14.646 | 13.526 | 15.886 |
19 | 11.079 | 13.499 | 13.390 | 14.661 | 14.419 | 15.291 | 14.065 | 16.655 |
20 | 11.372 | 13.973 | 13.855 | 15.234 | 14.970 | 15.920 | 14.586 | 17.414 |
21 | 11.647 | 14.430 | 14.302 | 15.791 | 15.506 | 16.534 | 15.090 | 18.162 |
22 | 11.906 | 14.869 | 14.732 | 16.332 | 16.025 | 17.134 | 15.578 | 18.899 |
23 | 12.148 | 15.291 | 15.146 | 16.858 | 16.528 | 17.720 | 16.049 | 19.626 |
24 | 12.376 | 15.698 | 15.543 | 17.369 | 17.016 | 18.293 | 16.505 | 20.342 |
25 | 12.590 | 16.090 | 15.925 | 17.865 | 17.490 | 18.851 | 16.946 | 21.049 |
26 | 12.790 | 16.466 | 16.293 | 18.348 | 17.949 | 19.397 | 17.373 | 21.745 |
27 | 12.979 | 16.829 | 16.646 | 18.817 | 18.395 | 19.930 | 17.785 | 22.432 |
28 | 13.156 | 17.178 | 16.986 | 19.272 | 18.827 | 20.450 | 18.184 | 23.109 |
29 | 13.322 | 17.514 | 17.313 | 19.715 | 19.246 | 20.958 | 18.570 | 23.776 |
30 | 13.478 | 17.837 | 17.627 | 20.146 | 19.653 | 21.455 | 18.943 | 24.434 |
(paragraph 14Q(7)(d))
This Schedule sets out the method for determining the value, at the termination time, of a superannuation interest in a fixed term annuity if the interest was in the payment phase at the termination time.
(1) The method is:
where:
B is the value of the annual benefit payable in respect of the superannuation interest at the termination time.
V y+m is the valuation factor calculated in accordance with subclause (2).
(2) For subclause (1), the valuation factor (
V y+m ) at the termination time is:where:
V y is the pension valuation factor under Schedule 5 that applies to the particular fixed term annuity payable to the member spouse and the remaining term of the annuity in complete years at the termination time.
m is the number of complete months of the remaining term of the fixed term annuity that are not included in the remaining complete years at the termination time.
V y+1 is the pension valuation factor under Schedule 5 that would apply to the particular fixed term annuity payable to the member spouse if the remaining term of the annuity at the termination time were one year more than the actual remaining term of the annuity at that time.
(3) For the purpose of applying the factors
V y andV y+1 in the formula in subclause (2), a reference in Schedule 5 to ‘pension’ is taken to be read as a reference to ‘annuity’.
(subregulation 43(3))
This Schedule sets out the method for determining the gross value, at the relevant date, of a superannuation interest that is in the payment phase at the relevant date, if:
(a) part of the benefits in respect of the interest is being paid as a pension at the relevant date; and
(b) the remaining part of the benefits is payable, at any time after the relevant date, as a lump sum that is not a commutation of the pension.
In this Schedule:
minimum deferral period , in relation to a lump sum that is to be paid to a member spouse at any time after the relevant date, means the minimum period until the lump sum may be paid to the member spouse.
nominal value , of a lump sum at a particular date, means:
(a) subject to paragraph (b), the value of the lump sum at that date; or
(b) if the value of the lump sum is expressed as an amount of dollars to be paid at a time after that date, that amount.
(1) The method is:
where:
GVP is the gross value of the pension, determined in accordance with regulation 42.
GVLS is the gross value of the lump sum, determined using the method of valuation set out in subclause (2).
(2) For subclause (1), the method of determining the gross value of the lump sum (
GVLS ) is:where:
LS is the nominal value of the lump sum at the relevant date.
D y+m is the discount valuation factor calculated in accordance with subclause (3).
(3) For subclause (2), the discount valuation factor (
D y+m ) at the relevant date is:where:
D y is the discount valuation factor mentioned in clause 4 of this Schedule that applies to the lump sum and the minimum deferral period in complete years at the relevant date.
m is the number of complete months of the minimum deferral period applicable to the lump sum that are not included in the remaining complete years of that period at the relevant date.
D y+1 is the discount valuation factor mentioned in clause 4 of this Schedule that applies to the lump sum and the minimum deferral period applicable to the lump sum at the completion of the next year after the year mentioned in the definition of the factor Dy .
(1) This clause sets out the discount valuation factors.
(2) The factors in column 2 of the table in this clause apply if the lump sum is not indexed.
(3) The factors in column 3 of the table in this clause apply if the lump sum is indexed in accordance with the consumer price index.
(4) The factors in column 4 of the table in this clause apply if the lump sum is indexed in accordance with a general wage index (for example, average weekly earnings, or average weekly ordinary time earnings, published by the Australian Bureau of Statistics).
(5) If the lump sum is indexed in accordance with a fund crediting rate, the factor is 1.
(6) For this Schedule, a lump sum is taken to be not indexed if the nominal value of the lump sum is an amount within the meaning of paragraph (b) of the definition of
nominal value in clause 2 of this Schedule.
0 | 1.000 | 1.000 | 1.000 |
1 | 0.939 | 0.963 | 0.977 |
2 | 0.882 | 0.927 | 0.954 |
3 | 0.829 | 0.892 | 0.932 |
4 | 0.779 | 0.859 | 0.910 |
5 | 0.733 | 0.828 | 0.889 |
6 | 0.690 | 0.798 | 0.869 |
7 | 0.649 | 0.769 | 0.850 |
8 | 0.612 | 0.742 | 0.831 |
9 | 0.577 | 0.716 | 0.813 |
10 | 0.545 | 0.691 | 0.795 |
11 | 0.515 | 0.668 | 0.779 |
12 | 0.487 | 0.645 | 0.763 |
13 | 0.461 | 0.625 | 0.748 |
14 | 0.438 | 0.605 | 0.733 |
15 | 0.416 | 0.587 | 0.720 |
16 | 0.396 | 0.570 | 0.707 |
17 | 0.378 | 0.554 | 0.695 |
18 | 0.362 | 0.539 | 0.685 |
19 | 0.348 | 0.526 | 0.675 |
20 | 0.334 | 0.514 | 0.666 |
(subregulation 46(2))
substitute
(b) the lump sum is equal to or more than the sum of each adjusted base amount payable to the non‑member spouse and to each other person under a payment split with an earlier operative time.
substitute
(b) the lump sum is less than the sum of each adjusted base amount payable to the non‑member spouse and to each other person under a payment split with an earlier operative time.
substitute
(a) the amount remaining from the lump sum after each other person has received, under this regulation, the amount to which he or she is entitled under a payment split with an earlier operative time; and
substitute
rV is the remaining value of the superannuation interest after the payment of the lump sums, under paragraph 50(2)(a) and subparagraph (4)(b)(ii) of this regulation, to each other person under a payment split with an earlier operative time, and to the non‑member spouse, calculated in accordance with subregulation (7).
omit the non‑member spouse
insert each other person under a payment split with an earlier operative time, and to the non‑member spouse,
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an
amendment that does not accurately describe how an amendment is to be made. If,
despite the misdescription, the amendment can be given effect as intended, then
the misdescribed amendment can be incorporated through an editorial change made
under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
303, 2001 | 15 Oct 2001 | 28 Dec 2002 (r. 2) | |
176, 2002 | 1 Aug 2002 | 28 Dec 2002 (r. 2) | — |
333, 2002 | 20 Dec 2002 | 28 Dec 2002 (r. 2) | — |
77, 2003 | 2 May 2003 | 2 May 2003 (r. 2) | — |
229, 2003 | 3 Sept 2003 | 3 Sept 2003 (r. 2) | — |
342, 2003 | 23 Dec 2003 | 23 Dec 2003 (r. 2) | — |
290, 2004 | 7 Sept 2004 | Sch 1: 7 Sept 2004 (r 2(a)) Remainder: 20 Sept 2004 (r 2(b)) | — |
352, 2004 | 17 Dec 2004 | 17 Dec 2004 (r 2) | — |
69, 2005 | 27
Apr 2005 (F2005L00872 | 15 May 2005 (r 2) | — |
89, 2005 | 26 May 2005 (F2005L01197) | 15 June 2005 (r 2) | — |
151, 2007 | 25 June 2007 (F2007L01652) | 1 July 2007 (r 2) | — |
13, 2008 | 6 Mar 2008 (F2008L00638) | 7 Mar 2008 (r 2) | — |
19, 2009 | 5 Feb 2009 (F2009L00236) | Sch 1: 6 Feb 2009 (r 2(a)) Sch 2: 1 Mar 2009 (r 2(b)) | — |
321, 2009 | 27 Nov 2009 (F2009L04293) | 31 Dec 2009 (r 2) | — |
98, 2010 | 25 May 2010 (F2010L01320) | 26 May 2010 (r 2) | — |
227, 2011 | 16 Dec 2011 (F2011L02708) | 27 Dec 2011 (r 2) | — |
97, 2012 | 19 June 2012 (F2012L01251) | Sch 1: 1 July 2011 (s 2(a)) Sch 2: 20 June 2012 (s 2(b)) | — |
16, 2013 | 5 Mar 2013 (F2013L00396) | 15 Mar 2013 (s 2) | — |
137, 2013 | 28 June 2013 (F2013L01235) | 1 July 2013 (s 2) | — |
113, 2015 | 10 July 2015 (F2015L01130) | Sch 1 (item 7); 11 July 2015 (s 2(1) item 1) | — |
Superannuation Legislation Amendment (Western Australia De Facto Superannuation Splitting) Regulations 2021 | 23 Dec 2021 (F2021L01893) | Sch 1 (items 1–139): 28 Sept 2022 (s 2(1) item 1) | — |
Family Law (Superannuation) Amendment (2022 Measures No. 1) Regulations 2022 | 21 Mar 2022 (F2022L00360) | Sch 1 (items 11–14): 28 Dec 2002 (s 2(1) item 3) Remainder: 22 Mar 2022 (s 2(1) items 1, 2) | — |
Family Law (Superannuation) Amendment (2023 Measures No. 1) Regulations 2023 | 15 Sept 2023 (F2023L01248) | 16 Sept 2023 (s 2(1) item 1) | — |
Family Law (Superannuation) Amendment (Unsplittable Interests) Regulations 2023 | 17 Oct 2023 (F2023L01390) | 18 Oct 2023 (s 2(1) item 1) | — |
Treasury Laws Amendment (ALRC Financial Services Interim Report) Regulations 2023 | 31 Oct 2023 (F2023L01458) | Sch 3 (item 5): 1 Nov 2023 (s 2(1) item 1) | — |
r 2............................................. | rep LA s 48D |
r 3............................................. | am No 176, 2002; No 333, 2002; No 77, 2003; No 290, 2004; No 352, 2004; No 89, 2005; No 151, 2007; F2021L01893; F2022L00360; F2023L01248 |
r 4............................................. | rs F2021L01893 |
r 5............................................. | am No 176, 2002; No 342, 2003; F2023L01248 |
r 6............................................. | am No 333, 2002 |
r 7............................................. | am No 176, 2002; No 89, 2005; No 151, 2007 |
r 9............................................. | rs No 290, 2004 |
r 9A........................................... | ad No 176, 2002 |
rs No 333, 2002; No 77, 2003 | |
am No 229, 2003; No 69, 2005; No 89, 2005; No 151, 2007; No 16, 2013; No 113, 2015; F2021L01893 | |
r 9B........................................... | ad No 69, 2005 |
rs No 13, 2008 | |
am F2022L00360 | |
r 10............................................ | am No 89, 2005; No 15, 2007; No 321, 2009; No 98, 2010; No 97, 2012; F2021L01893 |
r 10A......................................... | ad No 176, 2002 |
am F2021L01893 | |
r 11............................................ | am No 176, 2002; No 151, 2007; F2021L01893; F2022L00360 |
ed C23 | |
am F2023L01248; F2023L01390 | |
r 11A......................................... | ad F2023L01248 |
Division 2.1 heading.................... | ad No 176, 2002 |
r 12............................................ | am No 176, 2002; No 333, 2002; No 77, 2003; No 151, 2007; F2021L01893; F2022L00360; F2023L01248 |
r 13............................................ | am No 176, 2002; F2021L01893 |
Division 2.2................................ | ad No 176, 2002 |
Subdivision 2.2.1 heading............ | rep No 333, 2002 |
r 14............................................ | rs No 176, 2002 |
am F2021L01893 | |
Subdivision 2.2.2 heading............ | rep No 333, 2002 |
r 14A......................................... | ad No 176, 2002 |
am No 89, 2005; No 151, 2007 | |
r 14E.......................................... | ad No 176, 2002 |
rep No 333, 2002 | |
r 14F.......................................... | ad No 176, 2002 |
am No 333, 2002; No 290, 2004 | |
r 14G......................................... | ad No 176, 2002 |
am No 333, 2002; No 229, 2003; No 290, 2004; No 352, 2004; No 89, 2005; No 151, 2007; F2021L01893 | |
r 14H......................................... | ad No 176, 2002 |
am No 89, 2005; No 151, 2007 | |
Subdivision 2.2.3 heading............ | rep No 333, 2002 |
r 14M......................................... | ad No 176, 2002 |
rep No 333, 2002 | |
r 14N......................................... | ad No 176, 2002 |
am No 333, 2002; No 290, 2004; No 352, 2004; 2005 No 89; No 151, 2007; No 98, 2010; F2021L01893 | |
r 14P.......................................... | ad No 89, 2005 |
am No 151, 2007 | |
r 14Q......................................... | ad No 89, 2005 |
am No 151, 2007 | |
r 15............................................ | am F2021L01893 |
r 16............................................ | am F2021L01893 |
r 17............................................ | am No 333, 2002; F2021L01893 |
r 18............................................ | am F2021L01893 |
r 19............................................ | am No 89, 2005; No 151, 2007 |
r 19A......................................... | ad No 89, 2005 |
am No 151, 2007 | |
r 20............................................ | am No 151, 2007; F2021L01893 |
r 21............................................ | am F2021L01893 |
r 22............................................ | No 151, 2007; F2021L01893 |
r 23............................................ | am F2021L01893 |
r 24............................................ | am No 333, 2002 |
r 25............................................ | am F2021L01893 |
r 26............................................ | am No 89, 2005; No 151, 2007 |
r 26A......................................... | ad No 89, 2005 |
am No 151, 2007 | |
Part 5 heading............................. | rs No 333, 2002 |
r 27............................................ | am No 333, 2002; F2021L01893 |
r 28............................................ | am No 333, 2002 |
r 29............................................ | am No 176, 2002 |
rs No 333, 2002 | |
r 30............................................ | am No 333, 2002; No 229, 2003; No 227, 2011 |
r 31............................................ | am No 176, 2002; No 333, 2002 |
r 32............................................ | am No 176, 2002 |
rs No 333, 2002 | |
r 33............................................ | am No 229, 2003 |
r 34............................................ | am No 229, 2003 |
r 37............................................ | am No 333, 2002 |
r 38............................................ | am No 176, 2002; No 333, 2002; No 342, 2003; No 227, 2011 |
r 39............................................ | am No 333, 2002; F2021L01893 |
r 40............................................ | am No 333, 2002 |
r 42............................................ | am No 176, 2002; No 333, 2002; No 290, 2004 |
r 43............................................ | am No 333, 2002; No 77, 2003; No 352, 2004 |
r 43A......................................... | ad No 176, 2002 |
am No 227, 2011; No 333, 2002 | |
r 44............................................ | am No 176, 2002 |
r 45............................................ | am F2021L01893 |
Division 6.1A............................. | ad No 333, 2002 |
r 45A......................................... | ad No 333, 2002 |
am F2021L01893 | |
r 45B......................................... | ad No 333, 2002 |
r 45C......................................... | ad No 333, 2002 |
r 45D......................................... | ad No 333, 2002 |
am No 229, 2003; No 97, 2012; No 137, 2013 | |
r 46............................................ | am No 176, 2002; F2021L01893 |
r 47............................................ | am No 176, 2002 |
rep No 333, 2002 | |
r 48............................................ | rs No 176, 2002 |
rep No 333, 2002 | |
r 49............................................ | am No 176 , 2002; No 333, 2002 |
r 50............................................ | am No 176, 2002; No 333, 2002 |
r 51............................................ |
am No 176, 2002; No 333, 2002; F2021L01893 | |
r 52............................................ | am No 176, 2002; No 290, 2004 |
r 53............................................ | am No 176 , 2002; No 333, 2002; No 290, 2004 |
r 54............................................ | am No 176 , 2002; No 333, 2002; No 290, 2004 |
r 54A......................................... | ad No 176, 2002 |
am No 333, 2002 | |
rs No 290, 2004 | |
Division 6.3 heading.................... | rs No 176, 2002 |
Subdivision 6.3.1 heading............ | ad No 176, 2002 |
r 55............................................ | am No 333, 2002; F2021L01893 |
Subdivision 6.3.2 heading............ | ad No 176, 2002 |
r 55A......................................... | ad No 176, 2002 |
r 56............................................ | am No 176, 2002; No 290, 2004 |
r 57............................................ | am No 176 , 2002; No 333, 2002; No 290, 2004 |
r 58............................................ | am No 176, 2002; No 333, 2002 |
r 58A......................................... | ad No 176, 2002 |
am No 333, 2002 | |
rs No 290, 2004 | |
Subdivision 6.3.3........................ | ad No 176, 2002 |
r 58B......................................... | ad No 176, 2002 |
r 58C......................................... | ad No 176, 2002 |
am No 290, 2004 | |
r 58D......................................... | ad No 176, 2002 |
am No 333, 2002; No 290, 2004; F2021L01893 | |
r 58E.......................................... | ad No 176, 2002 |
rs No 290, 2004 | |
r 59............................................ | am No 176, 2002; F2021L01893 |
r 60............................................ | rs No 176, 2002 |
am F2021L01893; F2023L01458 | |
r 62............................................ | am F2021L01893 |
r 63............................................ | am No 176, 2002; No 333, 2002; No 77, 2003; No 229, 2003; No 290, 2004; No 151, 2007; No 227, 2011; F2021L01893 |
r 63A......................................... | ad No 151, 2007 |
am F2021L01893 | |
r 64............................................ | am No 176, 2002; No 333, 2002; No 77, 2003; No 229, 2003; No 290, 2004; No 352, 2004; No 151, 2007; No 227, 2011 |
rs No 151, 2007 | |
am F2021L01893; F2022L00360 | |
r 64A......................................... | ad No 151, 2007 |
am F2021L01893; F2022L00360 | |
r 65............................................ | am No 176, 2002 |
r 66............................................ | am No 176, 2002; No 333, 2002; No 229, 2003; No 290, 2004; No 89, 2005; No 151, 2007; F2021L01893 |
r 67............................................ | am No 176, 2002; No 333, 2002; No 290, 2004; No 151, 2007; F2021L01893 |
r 68............................................ | am F2021L01893 |
r 68A......................................... | ad No 176, 2002 |
am No 77, 2003; No 19, 2009; F2021L01893 | |
r 68B......................................... | ad No 176, 2002 |
am No 227, 2011; F2021L01893 | |
r 69............................................ | am F2021L01893 |
r 70............................................ | am No 176, 2002; No 333, 2002; F2021L01893 |
r 71............................................ | am No 176, 2002; No 290, 2004; F2021L01893 |
r 72............................................ | am No 333, 2002 |
Part 8 heading............................. | rs F2023L01390 |
Part 8......................................... | ad No 137, 2013 |
r 73............................................ | ad No 137, 2013 |
am F2023L01390 | |
r 74............................................ | ad No 137, 2013 |
r 75............................................ | ad F2023L01390 |
Form 1....................................... | am No 176, 2002; No 333, 2002; No 151, 2007 |
rs No 89, 2005; No 151, 2007 | |
Form 2....................................... | am No 176, 2002 |
Form 3....................................... | am No 176, 2002 |
Form 4....................................... | am No 176, 2002 |
Form 5....................................... | am F2021L01893 |
Form 6....................................... | am No 333, 2002; F2021L01893 |
Schedule 1A heading................... | rs No 98, 2010 |
Schedule 1A............................... | ad No 176, 2002 |
Part 1 heading............................. | ad No 98, 2010 |
c 1............................................. | ad No 176, 2002 |
rs No 98, 2010 | |
c 2............................................. | ad No 176, 2002 |
am No 352, 2004 | |
rs No 98, 2010 | |
Part 2 heading............................. | rs F2021L01893 |
Part 2......................................... | ad No 98, 2010 |
c 3............................................. | ad No 98, 2010 |
am F2021L01893 | |
Part 3 heading............................. | rs F2021L01893 |
Part 3......................................... | ad No 98, 2010 |
c 4............................................. | ad No 98, 2010 |
am F2021L01893 | |
Part 4 heading............................. | ad No 98, 2010 |
c 5 (prev c 3).............................. | ad No 176, 2002 |
renum No 98, 2010 | |
c 2............................................. | am No 176, 2002 |
rs No 290, 2004 | |
Part 2 heading............................. | rs No 290, 2004 |
c 3............................................. | am No 333, 2002; No 290, 2004; F2021L01893 |
Part 3 heading............................. | rs No 290, 2004 |
c 5............................................. | am No 229, 2003; No 290, 2004; F2021L01893 |
c 7A........................................... | ad No 77, 2003 |
c 14A......................................... | ad No 77, 2003 |
c 21A......................................... | ad No 77, 2003 |
Part 4 heading............................. | rs No 290, 2004 |
c 27........................................... | am No 176, 2002 |
rep No 290, 2004 | |
c 28........................................... | am No 229, 2003 |
c 29........................................... | rs No 229, 2003 |
c 29A......................................... | ad No 229, 2003 |
c 30........................................... | am No 229, 2003; F2021L01893 |
Part 5......................................... | ad No 290, 2004 |
c 31........................................... | ad No 290, 2004 |
am No 89, 2005 | |
c 32........................................... | ad No 290, 2004 |
c 33........................................... | ad No 290, 2004 |
Part 6......................................... | ad No 290, 2004 |
c 34........................................... | ad No 290, 2004 |
am No 89, 2005; No 19, 2009; F2021L01893 | |
c 35........................................... | ad No 290, 2004 |
c 36........................................... | ad No 290, 2004 |
am F2021L01893 | |
Part 7......................................... | ad No 290, 2004 |
c 37........................................... | ad No 290, 2004 |
c 38........................................... | ad No 290, 2004 |
c 39........................................... | ad No 290, 2004 |
ed C22 | |
c 2............................................. | am No 176, 2003; No 333, 2002 |
c 3............................................. | am No 176, 2002 |
rs No 333, 2002 | |
c 3A........................................... | ad No 333, 2002 |
c 4............................................. | rs No 333, 2002 |
c 2............................................. | am F2021L01893 |
c 3............................................. | rs No 176, 2002 |
c 4............................................. | rs No 176, 2002 |
c 5............................................. | rs No 176, 2002 |
c 6............................................. | rs No 176, 2002 |
c 7............................................. | rs No 176, 2002 |
c 8............................................. | rs No 176, 2002 |
c 9............................................. | rs No 176, 2002 |
c 10........................................... | ad No 176, 2002 |
Schedule 4A............................... | ad No 89, 2005 |
c 2............................................. | am No 176, 2002 |
c 3............................................. | rs No 229, 2003 |
Schedule 5A............................... | ad No 89, 2005 |
c 3............................................. | am No 352, 2004 |
Schedule 7 heading...................... | rs No 290, 2004 |
Schedule 7.................................. | ad No 176, 2002 |
c 1............................................. | ad No 176, 2002 |
c 2............................................. | ad No 176, 2002 |
c 3............................................. | ad No 176, 2002 |
c 4............................................. | ad No 176, 2002 |
c 5............................................. | ad No 176, 2002 |
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