45Determining the value of small superannuation accounts interests of member spouses

45 Determining the value of small superannuation accounts interests of member spouses

(1) This section applies in relation to a superannuation interest of the member spouse that is a small superannuation accounts interest. (2) For the purposes of paragraph 90XT(2)(a) or 90YY(2)(a) of the Act, the court must determine an amount in relation to the interest that is the account balance at the relevant date that the Commissioner of Taxation would be required to transfer to: (a) a specified RSA, for the benefit of the member spouse; or (b) the trustee of a complying fund, for the benefit of the member spouse; if the Commissioner had received a transfer request from the member spouse under section 61 of the Small Superannuation Accounts Act 1995.

Note: The determination is taken to be the value of the superannuation interest of the member spouse (see subsection 90XT(2A) or 90YY(3) of the Act). The court must make the determination before making a splitting order for the benefit of the non‑member spouse in relation to the superannuation interest.

(3) In this section:

complying fund means a fund that passes the compliance test in subsection 61(2) of the Small Superannuation Accounts Act 1995.