Commonwealth Consolidated Acts

SUPERANNUATION ACT 1990 - SECT 5A

  (1)   Without limiting subsection   5(1), amendments under that subsection:

  (a)   may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:

  (i)   the non - member spouse is entitled to benefits determined in accordance with the Rules; and

  (ii)   the benefits of the member spouse are reduced in accordance with the Rules; and

  (b)   may make any other provision that is related to, or consequential on, provisions referred to in paragraph   (a).

  (2)   Subsection   12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to amendments referred to in subsection   (1) of this section.

  (3)   In this section:

"member spouse" means a member spouse within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 .

"non-member spouse" means a non - member spouse within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 .

"splitting agreement" means:

  (a)   a superannuation agreement (within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 ); or

  (b)   a flag lifting agreement (within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 ) that provides for a payment split (within the meaning of that Part).

"splitting order" means a splitting order within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 .

"superannuation interest" means a superannuation interest within the meaning of Part   VIIIB or VIIIC of the Family Law Act 1975 .