98Reasonable fees payable to trustee

98 Reasonable fees payable to trustee

(1) For the purposes of subsection 90XY(1) or 90YZO(1) of the Act, the trustee of an eligible superannuation plan may charge reasonable fees for providing services in respect of any of the following matters: (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) unless paragraph (b) of this subsection applies—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 applicant.