CTHRepealedLegislation
Family Law (Superannuation) Regulations 2001
14AMeaning of certain expressions for Division 2.2
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#### 14A Meaning of certain expressions for Division 2.2
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.