Part 7AFamily Law provisions

Part 7A—Family Law provisions S. 59AA inserted by No. 70/2003 s. 24. 59AA Definitions (1) In this Part— ***approved deposit fund*** has the meaning given by section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993; ***eligible rollover fund*** means a fund within the meaning of section 242 of the Commonwealth Superannuation Industry (Supervision) Act 1993; ***eligible superannuation plan*** means— (a) a regulated superannuation fund; or (b) an approved deposit fund; or (c) an exempt public sector superannuation scheme; or (d) an RSA; ***exempt public sector superannuation scheme*** means a public sector superannuation scheme within the meaning of section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993; ***flag lifting agreement*** has the meaning given by section 90MN of the Commonwealth Family Law Act 1975; ***flagging order*** means an order mentioned in section 90MU(1) of the Commonwealth Family Law Act 1975; ***interest*** has the meaning given by section 90MD of the Commonwealth Family Law Act 1975; ***member spouse***, in relation to a superannuation interest, means the spouse who has the superannuation interest; ***non-member spouse***, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest; ***payment flag*** has the meaning given by section 90MD of the Commonwealth Family Law Act 1975; ***regulated superannuation fund*** means a superannuation fund which complies with section 19 of the Commonwealth Superannuation Industry (Supervision) Act 1993; ***relevant condition of release*** means, a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Commonwealth Superannuation Industry (Supervision) Regulations 1994; ***reversionary interest*** has the meaning given by section 90MF of the Commonwealth Family Law Act 1975; *RSA* repealed by No. 40/2004 s. 28(5). ***specified period*** means the period which is specified to be the specified period in the specified standards; ***splitting order*** means an order mentioned in section 90MT of the Commonwealth Family Law Act 1975; *spouse* inserted by No. 38/2009 s. 29(a). ***spouse*** has the meaning given by section 90MD of the Commonwealth Family Law Act 1975; *super-annuation agreement* amended by No. 38/2009 s. 29(b). ***superannuation agreement*** has the meaning given by section 90MD of the Commonwealth Family Law Act 1975; ***superannuation fund*** has the same meaning as in the Commonwealth Superannuation Industry (Supervision) Act 1993; ***superannuation interest*** means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest; ***unsplittable interest*** has the meaning given by section 90MD of the Commonwealth Family Law Act 1975; ***value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest*** means the value as determined in accordance with regulation 14G(8) of the Commonwealth Family Law (Superannuation) Regulations 2001; ***value of the member spouse's interest in the Fund*** means the value as determined in accordance with Part 5 of the Commonwealth Family Law (Superannuation) Regulations 2001. (2) A reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount. S. 59AB inserted by No. 70/2003 s. 24. 59AB Accrued benefit multiple For the purpose of regulation 65 of the Commonwealth Family Law (Superannuation) Regulations 2001, the Board on the advice of an actuary appointed by the Board may from time to time determine the accrued benefit multiple. S. 59AC inserted by No. 70/2003 s. 24. 59AC Obligation on Board S. 59AC(1) amended by No. 38/2009 s. 30(1). (1) Subject to subsections (5) and (6), the Board must comply with this section if— is served on the Board under Part VIIIB or VIIIAB of the Commonwealth Family Law Act 1975. (2) This section also applies to— which was served on the Board under Part VIIIB of the Commonwealth Family Law Act 1975 before the commencement of section 24 of the **Superannuation Acts (Family Law) Act 2003** if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement. S. 59AC(2A) inserted by No. 38/2009 s. 30(2). (2A) This section also applies to— which was served on the Board under Part VIIIAB of the Commonwealth Family Law Act 1975 before the commencement of section 30 of the **Superannuation Legislation Amendment Act 2009** if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement. (3) If the non-member spouse has not satisfied a relevant condition of release and the member spouse is not receiving a pension under this Act, the Board must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Fund— (a) transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible superannuation plan nominated in writing by the non-member spouse within the specified period; or (b) if the non-member spouse fails to nominate in writing an eligible superannuation plan within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Board. (4) If the non-member spouse has satisfied a relevant condition of release or the member spouse is receiving a pension under this Act, the Board must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Fund— (a) if so requested in writing by the non-member spouse within the specified period, pay the non-member spouse a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment; or (b) if so requested in writing by the non-member spouse within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible superannuation plan nominated in writing by the non-member spouse; or (c) if no request is received from the non-member spouse within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Board. (5) Subsections (3) and (4) do not apply if— (a) the member spouse's superannuation interest is an unsplittable interest; or (b) a payment flag is operating in respect of the member spouse's superannuation interest; or (c) the non-member spouse has served a waiver notice on the Board under section 90MZA of the Commonwealth Family Law Act 1975 in respect of the member spouse's superannuation interest; or (d) the member spouse's superannuation interest is a payment that is not a splittable payment under Part 2 of the Commonwealth Family Law (Superannuation) Regulations 2001. (6) If the member spouse's superannuation interest is a pension under this Act due to a disability which is a splittable payment, the Board may determine that subsections (3) and (4) do not apply. (7) If the non-member spouse serves a waiver notice on the Board under section 90MZA of the Commonwealth Family Law Act 1975 in respect of the member spouse's superannuation interest, the Board may make a payment to the non-member spouse not exceeding the value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest less any payments previously made by the Board to the non-member spouse in accordance with this section. S. 59AD inserted by No. 70/2003 s. 24. 59AD Reduction of benefit or accrued benefit entitlement Despite anything to the contrary in this Act, if under section 59AC an amount is paid by the Board to a non-member spouse or transferred by the Board on behalf of a non-member spouse, the benefit or accrued benefit entitlement of a member spouse must be reduced by the Board in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Board. S. 59AE inserted by No. 70/2003 s. 24. 59AE Board may provide additional information On the application of an eligible person within the meaning of section 90MZB(8) of the Commonwealth Family Law Act 1975, the Board may provide information additional to the information required to be provided under section 90MZB of that Act if the Board considers that the additional information is necessary to understand the Fund or the member spouse's benefit entitlements. S. 59AF inserted by No. 70/2003 s. 24. 59AF Commutation rights not affected The entitlement of a person to convert or commute a benefit or pension under this Act is not affected by the making of a payment or transfer under this Part. S. 59AG inserted by No. 70/2003 s. 24. 59AG Charging of fees (1) The Board may charge reasonable fees in respect of— (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 90MM of the Commonwealth Family Law Act 1975 terminating the operation of a payment flag; (e) an application under section 90MZB of the Commonwealth Family Law Act 1975 for information about a superannuation interest; (f) any other thing done by the Board in relation to a superannuation interest covered by a superannuation agreement, flag lifting agreement or splitting order; (g) the provision of information under section 59AE. (2) Fees charged under subsection (1) must not exceed the maximum levels of fees fixed by the Minister for the purposes of this section by notice published in the Government Gazette. (3) If the Board charges a fee under subsection (1), the fee is payable— (a) unless paragraph (b) applies, in the case of subsection (1)(a), (1)(b), (1)(c), (1)(d) or (1)(f), 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; or (c) in the case of subsection (1)(e) or (1)(g), by the person who made the application.