(c) the trustee is not required to allocate the contribution in accordance with regulation 7.11.
(2) For subsection 31(1) of the Act, the trustee must allocate the contribution to a member of the fund:
(a) not later than 28 days after the end of the month; or
(b) if it is not reasonably practicable to allocate the contribution to the member of the fund not later than 28 days after the end of the month—within such longer period as is reasonable in the circumstances.
Division 7.3—Contributions to be allocated to members—certain other regulated superannuation funds
7.09 Application of Division 7.3
This Division applies in relation to a regulated superannuation fund to which section 291‑170.03 of the Income Tax Assessment (1997 Act) Regulations 2021 applies.
7.10 Operating standard
For subsection 31(1) of the Act, a requirement set out in this Division is a standard applicable to the operation of regulated superannuation funds in relation to which this Division applies.
7.11 Contributions to be allocated to members
If the trustee of the fund receives a contribution in a month, the trustee must allocate the contribution:
(a) to a member of the fund:
(i) within 28 days after the end of the month; or
(ii) if it is not reasonably practicable to comply with subparagraph (i)—within a longer period that is reasonable in the circumstances; and
(b) having regard to the present and prospective liabilities of the fund to its members.
Part 7A—Superannuation interests subject to payment split
Division 7A.1—General
7A.01 Purpose of Part 7A
The purpose of this Part is:
(a) to facilitate the payment splitting arrangements established under Parts VIIIB and VIIIC of the Family Law Act 1975; and
(b) to provide for additional options that may be exercised in relation to superannuation interests that are subject to a payment split under that Act.
7A.01A Relevant condition of release
In this Part:
(a) relevant condition of release means a condition of release mentioned in item 101, 102, 103, 106, 201, 202, 203 or 206 of Schedule 1; and
(b) a non‑member spouse satisfies a relevant condition of release if the event specified in the condition has occurred in relation to the non‑member spouse; and
(c) in the application of item 101, 103, 201 or 203 of Schedule 1 to a non‑member spouse, a reference to a member in:
(i) the definition of permanent incapacity in subregulation 6.01(2); or
(ii) the definition of retirement in subregulations 6.01(2) and (7);
is taken to be a reference to the non‑member spouse.
7A.02 Operating standards
For subsections 31(1) and 32(1) of the Act, the standards set out in this Part are applicable to the operation of regulated superannuation funds and approved deposit funds.
7A.03 Trustee to give payment split notice
(1) If an interest in a regulated superannuation fund or an approved deposit fund becomes subject to a payment split, the trustee of the fund must notify the member spouse and the non‑member spouse in relation to the interest that the interest is subject to a payment split.
(2) The notice must:
(a) be in writing; and
(b) state the date on which it is given.
(3) The notice must be given:
(a) for a payment split under a superannuation agreement or flag lifting agreement—within 28 days after the operative time for the payment split; and
(b) for a payment split under a splitting order—by the later of:
(i) the end of 28 days after the operative time for the payment split; and
(ii) the end of 28 days after the trustee receives a copy of the order.
(4) Despite subregulation (1), the trustee is not required to give a payment split notice in respect of an interest if the interest ceases to be subject to a payment split:
(a) before the end of the period applying under subregulation (3); and
(b) for a reason other than the creation of a non‑member spouse interest under regulation 7A.03B.
Note: A non‑member spouse may also be entitled to information under section 1017C of the Corporations Act 2001, Division 2.5 and Division 2.5A.
Division 7A.1A—Options for trustee in relation to interests
7A.03A Application of Division 7A.1A
(1) This Division applies in relation to a superannuation interest (the original interest) in a regulated superannuation fund, if:
(a) the original interest is subject to a payment split; and
(b) an allocated pension, market linked pension or account‑based pension is being paid in respect of the original interest; and
(c) the trustee:
(i) has not received a request under regulation 7A.05, 7A.06 or 7A.07; and
(ii) has not taken an action under regulation 7A.10 in relation to the original interest.
(2) Subject to subregulation (3), this Division also applies in relation to a superannuation interest (the original interest) in a regulated superannuation fund, if:
(a) the original interest is subject to a payment split; and
(b) the original interest is an accumulation interest in the growth phase; and
(c) the trustee:
(i) has not received a request under regulation 7A.05, 7A.06 or 7A.07; and
(ii) has not taken an action under regulation 7A.10 in relation to the original interest.
(3) This Division does not apply to an accumulation interest:
(a) if:
(i) the interest is a partially vested accumulation interest; and
(ii) the transferable benefits in relation to the accumulation interest would be greater than the withdrawal benefit in relation to the member spouse; or
(b) if the interest is determined by reference to a traditional life insurance policy.
7A.03B Trustee may create a new interest
(1) The trustee may, at or after the operative time for the payment split, create a new interest for the non‑member spouse (the non‑member spouse interest) in the regulated superannuation fund.
(2) If a trustee creates a non‑member spouse interest under subregulation (1), the person known as the non‑member spouse at the operative time will continue to be a non‑member spouse for the purposes of Part 7A until the trustee takes an action under regulation 7A.03H, 7A.03I, 7A.03J or 7A.03K.
(3) Subject to subregulation (4), the value of the benefits in the non‑member spouse interest must be:
(a) if:
(i) the payment split is a base amount payment split; and
(ii) an adjusted base amount applies in relation to the non‑member spouse when the interest is created;
the adjusted base amount allocated to the non‑member spouse less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
(b) if:
(i) the payment split is a base amount payment split; and
(ii) an adjusted base amount does not apply in relation to the non‑member spouse when the interest is created;
the base amount allocated to the non‑member spouse, within the meaning of section 72 of the Family Law (Superannuation) Regulations 2025, less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
(c) if the payment split is a percentage payment split:
(i) for an entitlement in respect of an interest in a self‑managed superannuation fund—the amount in relation to the interest at the time when the new interest is created, determined by a method that a court might use if the court were acting under paragraph 90XT(2)(b) or 90YY(2)(b) (as the case may be) of the Family Law Act 1975, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
(ii) for an entitlement in respect of an accumulation interest in the growth phase, other than a partially‑vested accumulation interest, to which subparagraph (i) does not apply—the amount in relation to the interest at the time when the new interest is created, determined in the way in which a court would determine an amount in accordance with section 51 and subsection 53(2) of the Family Law (Superannuation) Regulations 2025, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
(iii) for an entitlement in respect of any other interest—the amount in relation to the interest at the time when the new interest is created, determined in the way in which a court would determine an amount in accordance with the relevant method in Part 6 of the Family Law (Superannuation) Regulations 2025, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse in respect of the payment split.
(4) The value of the benefits in the non‑member spouse interest must not be more than the value of the withdrawal benefit in relation to the member spouse and the original interest immediately before the new interest is created.
(5) The value of the benefits that the member spouse has in his or her interest must be reduced by the sum of:
(a) the value of the benefits that the non‑member spouse has in the new interest; and
(b) the amount of any fees payable by the non‑member spouse in respect of the payment split.
(6) In creating the new interest:
(a) a proportion must be taken from the unrestricted non‑preserved benefits, the restricted non‑preserved benefits and the preserved benefits of the member spouse; and
(b) the proportion taken from each category of benefits must be the same as the category bears to the member spouse’s interest immediately before the new interest was created.
(6A) The benefits held in the non‑member spouse interest are:
(a) if the original interest is in the growth phase—unrestricted non‑preserved benefits, restricted non‑preserved benefits or preserved benefits in accordance with the character that they had in the member spouse’s interest; and
(b) if the original interest is an allocated pension, market linked pension or account‑based pension—unrestricted non‑preserved benefits.
(7) At the time that the payment split notice is given or, if a payment split notice is not required, within 28 days after the later of:
(a) the operative time; and
(b) the time when the trustee creates the non‑member interest;
the trustee must give to the member spouse and the non‑member spouse a written notice stating:
(c) that the new interest has been created; and
(d) that the value of the original interest has been reduced; and
(e) the amount of the non‑member spouse interest.
7A.03C Request to retain a non‑member spouse interest
The non‑member spouse may request the trustee to retain in the regulated superannuation fund the non‑member spouse’s benefits in the non‑member spouse interest.
7A.03D Request to roll over or transfer benefits
(1) The non‑member spouse may request the trustee to roll over or transfer the withdrawal benefit from the non‑member spouse interest to another regulated superannuation fund, or to an approved deposit fund, EPSSS or RSA, specified in the request, to be held for the benefit of the non‑member spouse.
(2) If the original interest is in a self‑managed superannuation fund, the non‑member spouse or the member spouse may request the trustee to roll over or transfer the withdrawal benefit from the non‑member spouse interest to another regulated superannuation fund, or to an approved deposit fund, EPSSS or RSA, specified in the request, to be held for the benefit of the non‑member spouse.
7A.03E Request for lump sum payment
If:
(a) the non‑member spouse has satisfied a relevant condition of release; or
(b) the original interest:
(i) is an allocated pension, market linked pension or account‑based pension; or
(ii) comprises only unrestricted non‑preserved benefits;
the non‑member spouse may request the trustee to pay the withdrawal benefit from the non‑member spouse interest to the non‑member spouse as a lump sum.
7A.03F Requirements for requests
(1) A request by a person under this Division must be made:
(a) before the end of 28 days after the trustee gives a payment split notice to the person; or
(b) if the trustee allows a longer period, before the end of the longer period allowed.
(2) The request must be made by written notice given to the trustee.
(3) The notice must:
(a) be signed by the person making the request; and
(b) state the date when it is given to the trustee; and
(c) include the name, date of birth and postal address of the person making the request; and
(d) for a request made by the member spouse, include a written nomination by the non‑member spouse of the regulated superannuation fund, approved deposit fund, EPSSS or RSA specified in the request.
(4) The trustee may allow the request to be withdrawn.
7A.03G Giving effect to a request
(1) This regulation applies if a trustee receives a request under this Division within the time allowed under subregulation 7A.03F(1).
(2) The trustee must give effect to the request unless:
(a) the trustee has received an earlier request under this Division in respect of the same interest and the earlier request has not been withdrawn; or
(b) for a request under regulation 7A.03C:
(i) the regulated superannuation fund in which the non‑member spouse interest is held has no more than 6 members; or
(ii) the governing rules of the regulated superannuation fund in which the non‑member spouse interest is held do not allow the non‑member spouse to retain an interest in the fund; or
(c) for a request under regulation 7A.03D—the regulated superannuation fund, approved deposit fund, EPSSS or RSA specified in the request does not accept the rollover or transfer of benefits for the non‑member spouse.
(3) If subparagraph (2)(b)(i) applies in relation to a request, the trustee must:
(a) retain the new interest in accordance with the request; or
(b) roll over or transfer the withdrawal benefit to another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non‑member spouse; or
(c) if there has been no such nomination by the non‑member spouse—consider whether it would be in the best interests of the non‑member spouse to pay the amount of the withdrawal benefit to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.
(3A) If subparagraph (2)(b)(ii), or paragraph (2)(c), applies in relation to a request, the trustee must:
(a) roll over or transfer the withdrawal benefit to another regulated superannuation fund, approved deposit fund, EPSSS or RSA nominated by the non‑member spouse; or
(b) if there has been no such nomination by the non‑member spouse—consider whether it would be in the best interests of the non‑member spouse to pay the amount of the withdrawal benefit to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.
7A.03H Trustee’s options if no request is received
(1) If a trustee does not receive a request under this Division within the time allowed under subregulation 7A.03F(1), the trustee may:
(aa) create a new interest for the non‑member spouse in the regulated superannuation fund in which the original interest is held; or
(a) subject to subregulation (2), roll over or transfer the withdrawal benefit from the non‑member spouse interest to another regulated superannuation fund, or to an approved deposit fund, EPSSS or RSA, nominated by the non‑member spouse (subject to the governing rules of the other regulated superannuation fund, the approved deposit fund or EPSSS or the terms and conditions of the RSA) to be held for the benefit of the non‑member spouse; or
(b) if the trustee does not, within the 28‑day period specified in paragraph (2)(a), receive from the non‑member spouse a written notice nominating a regulated superannuation fund, approved deposit fund, EPSSS or RSA to which the withdrawal benefit from the non‑member spouse interest may be rolled over or transferred—consider whether it would be in the best interests of the non‑member spouse to pay the amount of the withdrawal benefits to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.
(2) Subject to subregulation (3A), before rolling over or transferring the amount to a regulated superannuation fund, approved deposit fund, EPSSS or RSA under paragraph (1)(a), the trustee must give to the non‑member spouse a written notice stating that:
(a) the non‑member spouse has 28 days from the date of the notice in which to nominate, by written notice to the trustee, a regulated superannuation fund, approved deposit fund, EPSSS or RSA to which the withdrawal benefit from the non‑member spouse interest may be rolled over or transferred; and
(b) if the non‑member spouse does not, within the 28‑day period, nominate a regulated superannuation fund, approved deposit fund, EPSSS or RSA for that purpose, the trustee will consider whether it would be in the best interests of the non‑member spouse to pay the amount to the Commissioner under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999.
(3A) If a trustee:
(a) has made reasonable attempts to obtain sufficient information about a non‑member spouse to be able to give a payment split notice; and
(b) has been unable to obtain sufficient information about the non‑member spouse;
the trustee is permitted to act under paragraphs (1)(aa), (a) and (b) as if those paragraphs did not require the giving of the payment split notice or the notice under subregulation (2).
Example for paragraph (a): The trustee may be unable, after reasonable attempts, to identify an address or location of the non‑member spouse.
(3B) If a trustee:
(a) proposes to give a non‑member spouse a notice under subregulation (2); and
(b) has made reasonable attempts to obtain sufficient information about the non‑member spouse to be able to give the notice; and
(c) has been unable to obtain sufficient information about the non‑member spouse;
the trustee is not required to give the notice, and is permitted to act under paragraphs (1)(aa), (a) and (b) as if those paragraphs did not require the giving of the notice.