46Application of Division 6.2 (Act s 90XJ, s 90XT, s 90YN, s 90YY)

#### 46 Application of Division 6.2 (Act s 90XJ, s 90XT, s 90YN, s 90YY) (1) For sections 90XJ and 90YN of the Act and regulation 16, and paragraphs 90XT(1)(a) and 90YY(1)(a) of the Act and paragraph 23(2)(a) of these Regulations, this Division sets out how to calculate the amount (if any) that the non‑member spouse is entitled to be paid under a payment split in respect of a splittable payment that becomes payable in respect of a superannuation interest of a member spouse if: (a) the interest is not a percentage‑only interest; and (b) in the case of an interest that is identified in a superannuation agreement or flag lifting agreement—the interest was in the growth phase at the date when the agreement was served on the trustee under section 90XI or 90YM of the Act; and (c) in the case of an interest in relation to which a splitting order applies—the interest was in the growth phase at the date of the order. > Note: This Division does not apply to a payment split in respect of a small superannuation accounts interest—see paragraphs 16(1)(a) and 23(1)(b) of these Regulations. (2) If the payment split is a second or later payment split applicable to the splittable payment, this Division applies as modified in accordance with Schedule 7. > Note: Sections 90XX and 90YZN of the Act provide in relation to the order in which multiple payment splits that apply to the same splittable payment are to be calculated.