Note: Expressions used in this instrument have the same meaning as in the Act (see paragraph 13(1)(b) of the Legislation Act 2003). Some examples are the following, which are defined in Part VIIIB or VIIIC of the Act:
accumulation interest means a superannuation interest, or a component of a superannuation interest, that is not a defined benefit interest or a small superannuation accounts interest.
Act means the Family Law Act 1975.
adjusted base amount applicable to the non‑member spouse, for a superannuation interest at a particular date, has the meaning given by section 73.
allocated annuity means an annuity that is paid, within a range of minimum and maximum payments, from an identifiable lump sum and includes an annuity that arises under a contract that meets the standards of subregulation 1.05(4) of the SIS Regulations.
allocated pension means a pension paid, within a range of minimum and maximum payments, from an identifiable lump sum, including:
(a) a pension provided under rules of a superannuation fund that meet the standards of subregulation 1.06(4) of the SIS Regulations; and
(b) a pension provided under terms and conditions of an RSA that meet the standards of subregulation 1.07(2) of the RSA Regulations.
annuity provider means a person, body or organisation that has entered into a contract to provide an annuity.
applicable adjustment period, for a superannuation interest, has the meaning given by section 74 or 75.
base amount, for a superannuation interest, means:
(a) if the interest is identified in a superannuation agreement or flag lifting agreement:
(i) the monetary amount specified in the agreement in relation to the interest for the purposes of subparagraph 90XJ(1)(c)(i) or 90YN(1)(c)(i) of the Act, rounded up or down to the nearest dollar (with 50 cents being rounded up); or
(ii) the monetary amount calculated using a method specified in the agreement for the purposes of subparagraph 90XJ(1)(c)(ii) or 90YN(1)(c)(ii) of the Act, rounded up or down to the nearest dollar (with 50 cents being rounded up); and
(b) if a splitting order applies for the interest—the monetary amount allocated to the non‑member spouse by the court under subsection 90XT(4) or 90YY(5) of the Act, rounded up or down to the nearest dollar (with 50 cents being rounded up).
component of a superannuation interest has the meaning given by section 5.
constitutionally protected fund has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
deferred annuity means an annuity that is not presently payable.
defined benefit interest has the meaning given by section 6.
exempt public sector superannuation scheme has the same meaning as in the SIS Act.
fixed term annuity means an annuity that:
(a) is not a market linked annuity; and
(b) is paid for a fixed period.
growth phase for:
(a) a superannuation interest (other than a small superannuation accounts interest) of a member spouse; or
(b) a component of such an interest;
has the meaning given by section 7 or 8.
innovative superannuation interest means a superannuation interest, or a component of a superannuation interest, if all benefits in respect of the interest or the component of the interest are provided under:
(a) a contract that meets the standards of subregulation 1.06A(2) of the SIS Regulations; or
(b) the governing rules of an eligible superannuation plan where those rules meet the standards of subregulation 1.06A(2) of the SIS Regulations.
Judges’ Pensions Act Scheme means the scheme constituted by the Judges’ Pensions Act 1968 for the provision of retirement and other benefits to and in respect of Judges, within the meaning of that Act.
lifetime pension: a benefit in respect of a superannuation interest, or a component of a superannuation interest, of a member spouse in an eligible superannuation plan is a lifetime pension of the member spouse if the benefit is payable as a pension for the life of the member spouse.
Note: Section 15 also affects the meaning of lifetime pension.
market linked annuity means an annuity, other than an allocated annuity, that:
(a) is paid from an identifiable lump sum; and
(b) arises under a contract that meets the standards of subregulation 1.05(10) of the SIS Regulations.
market linked pension means a pension, other than an allocated pension, paid from an identifiable lump sum that meets the standards of subregulation 1.06(8) of the SIS Regulations or subregulation 1.07(3A) of the RSA Regulations.
member information statement, for a member of an eligible superannuation plan, means a statement issued periodically to the member by the trustee of the plan that sets out information about the value of the member’s superannuation interest in the plan (for example, the member’s account balance, share in the plan or withdrawal benefit) at a particular date.
member’s retirement age, for a member who has a defined benefit interest in an eligible superannuation plan, means:
(a) subject to paragraphs (b) and (c), the latest retirement age for the member specified in the governing rules of the plan; or
(b) if the latest retirement age for the member specified in the governing rules of the plan is more than 65 years, or no retirement age is specified in the governing rules of the plan—65 years; or
(c) if the Minister has, under section 52, approved a retirement age as the retirement age for members of the plan, or an identifiable class of members of the plan that includes the member—the approved age.
Note: Subsection 52(5) authorises the Minister to approve as the retirement age for members, or an identifiable class of members, who hold a defined benefit interest in an eligible superannuation plan, an age other than:
(a) the retirement age specified in the governing rules of the plan; or
(b) the age of 65 years.
net earnings, for a superannuation interest in a regulated superannuation fund, approved deposit fund or RSA to which the financial product disclosure provisions of the Corporations Regulations 2001 (being the provisions in Part 7.9 of those Regulations) apply, has the meaning given by regulation 7.9.01 of those Regulations.
partially vested accumulation interest has the meaning given by section 10.
payment phase for:
(a) a superannuation interest (other than a small superannuation accounts interest) of a member spouse; or
(b) a component of such an interest;
has the meaning given by section 9.
pension means a pension, within the meaning of section 10 of the SIS Act, payable from an eligible superannuation plan (other than an account within the meaning of the Small Superannuation Accounts Act 1995).
percentage‑only interest has the meaning given by section 11.
public sector superannuation scheme has the same meaning as in the SIS Act.
relevant condition of release has the meaning given by section 19.
relevant date, for the purposes of determining under Part 6 an amount for a superannuation interest that is subject to a payment split, means:
(a) in relation to a payment split under a superannuation agreement or flag lifting agreement:
(i) the date agreed on for that purpose by the parties to the agreement; or
(ii) if no date is agreed on by the parties to the agreement and the agreement is dated—the date shown on the agreement; or
(iii) if no date is agreed on by the parties to the agreement and the agreement is not dated—the date when a copy of the agreement is served on the trustee of the relevant eligible superannuation plan; and
(b) in relation to a payment split under a splitting order—the date determined by the court.
Note: While Part 6 does not expressly apply to payment splits under a superannuation agreement or flag lifting agreement, the parties to the agreement may nevertheless agree to use the methods in Part 6 to determine an amount for the superannuation interest. Paragraph (a) of this definition applies for that case.
RSA Regulations means the Retirement Savings Accounts Regulations 1997.
self managed superannuation fund has the same meaning as in the SIS Act.
SIS Regulations means the Superannuation Industry (Supervision) Regulations 1994.
small superannuation accounts interest means a superannuation interest in an account within the meaning of the Small Superannuation Accounts Act 1995.
superannuation annuity has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
superannuation contributions surcharge or surcharge means the tax imposed by the Superannuation Contributions Tax Imposition Act 1997.
superannuation fund has the same meaning as in the SIS Act.
unflaggable interest has the meaning given by section 13.
unsplittable interest has the meaning given by section 14.
value of the non‑member spouse’s entitlement has the meaning given by:
(a) in Subdivision B of Division 3 of Part 3—section 25; or
(b) in Subdivision A of Division 4 of Part 3—section 29; or
(c) in Subdivision B of Division 4 of Part 3—section 32; or
(d) in Subdivision C of Division 4 of Part 3—section 35.
withdrawal benefit:
(a) for a member of a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund, has the meaning given by subregulation 1.03(1) of the SIS Regulations; and
(b) for a member of an RSA, has the meaning given by subregulation 1.03(1) of the RSA Regulations; and
(c) for a member who has a small superannuation accounts interest, means the balance of the member’s account; and
(d) for a member of any other eligible superannuation plan, means the total amount of benefits that would be payable to the member if the member voluntarily ceased to be a member of the plan.
Section 4 - Family Law (Superannuation) Regulations 2025 - Definitions | Zoe