138Interests to which this Subdivision applies

138 Interests to which this Subdivision applies

(1) This Subdivision applies for a superannuation interest of a member of an eligible superannuation plan if subsection (2) or (3) applies for the interest. (2) This subsection applies for a superannuation interest of a member of an eligible superannuation plan if: (a) the interest is identified in a superannuation agreement or flag lifting agreement; and (b) the agreement specifies: (i) under subparagraph 90XJ(1)(c)(i) or 90YN(1)(c)(i) of the Act, an amount as a base amount; or (ii) under subparagraph 90XJ(1)(c)(ii) or 90YN(1)(c)(ii) of the Act, a method by which such a base amount can be calculated; and (c) the agreement has been served on the trustee of the plan in accordance with section 90XI or 90YM of the Act; and (d) the agreement does not relate to an earlier marriage or de facto relationship of the member spouse; and (e) the agreement has not been terminated or set aside. (3) This subsection applies for a superannuation interest of a member of an eligible superannuation plan if: (a) a splitting order in relation to the interest has been made under paragraph 90XT(1)(a) or 90YY(1)(a) of the Act; and (b) the order does not relate to an earlier marriage or de facto relationship of the member spouse; and (c) the order has not been set aside.