Family Law (Superannuation) (Provision of Information—Military Superannuation and Benefits Scheme) Determination 2004
made under the
Family Law (Superannuation) Regulations 2001
Compilation No. 2
Compilation date: 26 May 2005
Includes amendments up to: F2016L01759
Registered: 4 January 2017
About this compilation
This compilation
This is a compilation of the Family Law (Superannuation) (Provision of Information—Military Superannuation and Benefits Scheme) Determination 2004 that shows the text of the law as amended and in force on 26 May 2005 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
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 Legislation Register (www.legislation.gov.au). 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 series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
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.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
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 series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1 Name of Determination
2A Authority
3 Definitions
4 Application of Determination
5 Provision of information by trustee—growth phase interests
6 Provision of information by trustee—payment phase interests
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Determination
This Determination is the Family Law (Superannuation) (Provision of Information—Military Superannuation and Benefits Scheme) Determination 2004.
2A Authority
This Determination is made under subregulations 63(6B), 64(7) and 64(7B) of the Family Law (Superannuation) Regulations 2001.
3 Definitions
(1) In this Determination:
eligible service has the meaning given by Part 1 of Schedule 1 to the Rules.
growth phase table means the table in clause 2 of Part 4 of Schedule 1 to the Methods and Factors Approval.
Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.
MSBS means the Military Superannuation and Benefits Scheme established by the Trust Deed under the Military Superannuation and Benefits Act 1991.
officer has the meaning given by subsection 4(1) of the Defence Act 1903.
payment phase table means the table in clause 3 of Part 4 of Schedule 1 to the Methods and Factors Approval.
Regulations means the Family Law (Superannuation) Regulations 2001.
Rules has the meaning given by subsection 3(1) of the Military Superannuation and Benefits Act 1991.
(2) For this Determination, a reference to ‘the relevant date’ in the definition of a factor in the Methods and Factors Approval mentioned in column 4 of an item of the table in section 5 or 6 is to be read as if it were a reference to ‘the appropriate date’.
4 Application of Determination
This Determination applies to a superannuation interest in the MSBS for which a method and factors have been approved under Part 4 of Schedule 1 to the Methods and Factors Approval.
5 Provision of information by trustee—growth phase interests
In relation to a superannuation interest mentioned in an item in the following table:
(a) for paragraph 64(7)(a) of the Regulations, the trustee of the MSBS is not required to provide the information about the interest mentioned in column 3 of the item; and
(b) for paragraph 64(7)(b) of the Regulations, the trustee of the MSBS must provide the information about the interest mentioned in column 4 of the item.
Item | Superannuation Interest | Information not required to be provided | Information that must be provided |
1 | An interest mentioned in item 1 of the growth phase table | The information mentioned in paragraphs 64(4A)(a) to (c) of the Regulations | The information mentioned in the definitions of the following factors in item 1 of the growth phase table: (a) FDB; (b) UDB; (c) MB The following information about the person who has the interest: (a) the person’s date of birth; (b) whether the person was an officer, or was not an officer, immediately before the time when a preserved benefit became applicable to him or her |
2 | An interest mentioned in item 2 of the growth phase table | The information mentioned in paragraphs 64(4)(a) to (i) of the Regulations | The information mentioned in the definition of the following factors in item 2 of the growth phase table: (a) EB; (b) FEB; (c) FDB; (d) UDB; (e) MB The following information about the person who has the interest: (a) the person’s date of birth; (b) whether the person is an officer or is not an officer; (c) the period or periods of the person’s eligible service |
3 | An interest mentioned in item 3 of the growth phase table | The information mentioned in paragraphs 64(4)(a) to (i) of the Regulations | The information mentioned in the definition of the following factors in item 3 of the growth phase table: (a) EB; (b) FDB; (c) UDB; (d) MB The following information about the person who has the interest: (a) the person’s date of birth; (b) whether the person is an officer or is not an officer; (c) the period or periods of the person’s eligible service |
6 Provision of information by trustee—payment phase interests
In relation to a superannuation interest mentioned in an item in the following table:
(a) for the purposes of paragraphs 63(6B)(a) and 64(7B)(a) of the Regulations, the trustee of the MSBS is not required to provide the information about the interest mentioned in column 3 of the item; and
(b) for the purposes of paragraphs 63(6B)(b) and 64(7B)(b) of the Regulations, the trustee of the MSBS must provide the information about the interest mentioned in column 4 of the item.
Item | Superannuation interest | Information not required to be provided | Information that must be provided |
1 | An interest mentioned in item 1 of the payment phase table | The information mentioned in paragraphs 63(3)(b) and 64(3)(b) of the Regulations | The information mentioned in the definition of P in item 1 of the payment phase table The following information in relation to the person who has the interest: (a) the person’s date of birth; (b) the type of pension to which the person is entitled; (c) the annual amount (if any) of the person’s pension that is payable, in accordance with the Rules, in respect of 1 or more eligible children |
2 | An interest mentioned in item 2 of the payment phase table | The information mentioned in subparagraphs 63(3)(b)(ii), (iii), (iv) and (v) and 64(3)(b)(ii), (iii), (iv) and (v) of the Regulations | The date of birth of the person who has the interest |
Endnotes
Endnote 1—About the endnotes
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
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (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.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
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.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
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 = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | 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 | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Family Law (Superannuation) (Provision of Information — Military Superannuation and Benefits Scheme) Determination 2004 | 13 May 2004 (gaz 2004, No. S153) | 18 May 2004 (s 2) |
|
Family Law (Superannuation) (Provision of Information — Military Superannuation and Benefits Scheme) Amendment Determination 2005 (No. 1) | 25 May 2005 (F2005L01182) | 26 May 2005 | — |
Family Law (Superannuation) (Provision of Information—Military Superannuation and Benefits Scheme) Amendment Determination 2016 | 15 Nov 2016 (F2016L01759) | 26 May 2005 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2..................... | rep LA s 48D |
s 2A.................... | ad F2016L01759 |
s 3..................... | am F2005L01182 |
s 5..................... | am F2005L01182 |
s 6..................... | am F2005L01182; F2016L01759 |