{"id":"F2018L00610","name":"Small Superannuation Accounts Regulations 2018","slug":"small-superannuation-accounts-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100037,"registerId":"commonwealth-F2018L00610-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Small Superannuation Accounts Regulations 2018.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Small Superannuation Accounts Act 1995.","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this instrument:\n\n> Act means the Small Superannuation Accounts Act 1995.\n\n> member spouse has the same meaning as in section 15 of the Act.\n\n> non‑member spouse has the same meaning as in section 15 of the Act.\n\n> payment split has the same meaning as in section 15 of the Act.\n\n> splitting agreement means:\n\n    (a) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split; or\n    (b) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975).\n\n> splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Balance of accounts—non‑member spouse","content":"#### 6 Balance of accounts—non‑member spouse\n\n  (1) This section is made for the purposes of subsection 15(4) of the Act and applies to an account opened in the name of a non‑member spouse on or after the commencement of this instrument.\n  (2) The balance of the account is the lesser of:\n    (a) the amount of the non‑member spouse’s interest specified in a splitting agreement or splitting order served on the Commissioner of Taxation; and\n    (b) the balance of the member spouse’s account immediately before the payment split.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument clarifies how subsection 15(4) of the Act is applied by specifying the computation for non‑member spouse accounts created on or after commencement (s 6(1)–(2)). It does not expand the categories of persons or events covered by the Act but prescribes the numeric cap and the procedural requirement that the splitting agreement or order be served on the Commissioner (s 6(2)(a); Definitions, s 5)."},"complexity_factors":["Relies on external definitions and law: references the Small Superannuation Accounts Act 1995 and Family Law Act 1975 terms (Definitions, s 5).","Temporal boundary: rule applies only to accounts opened in the non‑member spouse’s name on or after commencement (s 6(1)), creating a cut‑off in application.","Simple arithmetic rule: balance is the lesser of two amounts (s 6(2)(a)–(b)) which reduces legal complexity but requires accurate pre‑split valuation.","Procedural dependency: the specified amount must be in a splitting agreement or splitting order that is served on the Commissioner (s 6(2)(a)), imposing a service/compliance step.","Interagency/admin tasks: trustees and the Commissioner must coordinate to identify served orders and determine pre‑split balances, creating modest administrative work.","Limited discretion: the regulation prescribes a deterministic calculation rather than discretionary standards, lowering interpretive ambiguity."],"plain_english_summary":"This regulation sets how to work out the balance of a superannuation account opened for a non‑member spouse when a family‑law payment split applies. The account balance is the lesser of the interest named in the splitting agreement or order served on the Commissioner and the member spouse’s account balance immediately before the split. It affects non‑member spouses receiving splits, the member whose account is split, trustees who implement the split, and the Commissioner (by requiring the agreement/order to be served)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing the balance calculation for non-member spouse accounts in payment split situations. The scope has not expanded beyond this specific technical function under the Small Superannuation Accounts Act 1995."},"complexity_factors":["Only 6 defined terms in the interpretation section","Single operative provision (section 6) with straightforward 'lesser of' calculation","Minimal cross-referencing — only references to the parent Act and Family Law Act for defined terms","No nested exceptions or conditional logic beyond the basic application rule in subsection 6(1)","Total length of approximately 250 words","Clear, single-purpose instrument with no subordinate provisions or schedules"],"plain_english_summary":"These regulations set how much must be paid into a new superannuation account when couples split: the amount transferred is the lesser of the figure in the court order/agreement or the member spouse’s actual account balance immediately before the split. \n\nIt affects non‑member spouses receiving super, the Commissioner of Taxation who administers small accounts, and family lawyers — ensuring transfers can’t exceed what actually existed."}},"importantCases":[],"_links":{"self":"/api/acts/small-superannuation-accounts-regulations-2018","history":"/api/acts/small-superannuation-accounts-regulations-2018/history","analysis":"/api/acts/small-superannuation-accounts-regulations-2018/analysis","conflicts":"/api/acts/small-superannuation-accounts-regulations-2018/conflicts","importantCases":"/api/acts/small-superannuation-accounts-regulations-2018/important-cases","documents":"/api/acts/small-superannuation-accounts-regulations-2018/documents"}}