Commonwealth Consolidated Regulations

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 14H

  (1)   The requirements of this Division are satisfied in relation to a non - member spouse's entitlement under a particular superannuation agreement, flag lifting agreement or splitting order in respect of a superannuation interest of a member spouse if the requirements of subregulation (2) or (3) are satisfied.

  (2)   The requirements of this subregulation are satisfied if:

  (a)   the interest is in a regulated superannuation fund, an exempt public sector superannuation scheme, an approved deposit fund, an RSA or a superannuation annuity; and

  (b)   either of the following has happened:

  (i)   the non - member spouse has satisfied a relevant condition of release in relation to the interest, and the member spouse has paid to the non - member spouse an amount in satisfaction of the non - member spouse's entitlement in respect of the superannuation interest;

  (ii)   the non - member spouse has not satisfied a relevant condition of release in relation to the interest, and the member spouse has paid to another regulated superannuation fund, exempt public sector superannuation scheme or an RSA, an amount, to be held for the benefit of the non - member spouse, in satisfaction of the non - member spouse's entitlement in respect of the superannuation interest; and

  (c)   the interest was in the growth phase at the time of the payment; and

  (d)   after the payment mentioned in paragraph   (b), a notice in accordance with Form 1 in Schedule   1, signed by the non - member spouse in respect of the superannuation interest, has been served on the trustee of the plan.

  (3)   The requirements of this subregulation are satisfied if:

  (a)   the interest is in a superannuation fund that is not a regulated superannuation fund or an exempt public sector superannuation scheme; and

  (b)   the member spouse has paid to the non - member spouse an amount in satisfaction of the non - member spouse's entitlement in respect of the superannuation interest; and

  (c)   the interest was in the growth phase at the time of the payment; and

  (d)   after the payment, a notice in accordance with Form 1 in Schedule   1, signed by the non - member spouse in respect of the superannuation interest, has been served on the trustee of the plan.