59Fees payable to trustee (Act s 90XY, s 90YZO)

59 Fees payable to trustee (Act s 90XY, s 90YZO)

(1) The trustee of an eligible superannuation plan may charge reasonable fees in respect of any of the following: (a) a payment split; (b) a payment flag; (c) flag lifting under a flag lifting agreement that does not provide for a payment split; (d) an order under section 90XM or 90YR of the Act terminating the operation of a payment flag; (e) an application under section 90XZB or 90YZR of the Act for information about a superannuation interest; (f) any other thing done by the trustee in relation to a superannuation interest covered by a superannuation agreement, flag lifting agreement or splitting order. (2) A fee payable in respect of a matter mentioned in paragraph (1)(a), (b), (c), (d) or (f) is payable: (a) subject to paragraph (b), by the member spouse and the non‑member spouse in equal parts; or (b) if the fee is in respect of a payment split under which the non‑member spouse is entitled to be paid the whole of the amount of each splittable payment that becomes payable—by the non‑member spouse. (3) A fee payable in respect of an application mentioned in paragraph (1)(e) is payable by the person who makes the application.