Commonwealth Consolidated Regulations

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 6

  (1)   This regulation applies to a superannuation interest of a member spouse in any of the following eligible superannuation plans:

  (a)   a regulated superannuation fund;

  (b)   an approved deposit fund;

  (c)   an RSA.

  (2)   For these Regulations, the superannuation interest is taken to be in the growth phase at a particular date if the member spouse satisfies the requirements of subregulation (3), (4) or (5) at that date.

  (3)   A member spouse satisfies the requirements of this subregulation at a particular date if the member spouse has not satisfied a relevant condition of release at that date.

  (4)   A member spouse satisfies the requirements of this subregulation at a particular date if the member spouse has satisfied a relevant condition of release at that date, but no benefit has been paid in respect of the superannuation interest, and no action has been taken by or for the member spouse under the governing rules of the plan to cash any benefit that the member spouse is entitled to be paid as a result of satisfying the condition of release.

  (5)   A member spouse satisfies the requirements of this subregulation at a particular date if:

  (a)   the member spouse has satisfied a relevant condition of release at that date; and

  (b)   a benefit (other than a benefit that is paid as a pension) has been paid to or for the benefit of the member spouse or, if the member spouse has died, to his or her legal personal representative, but no action has been taken by or for the member spouse, or his or her legal personal representative, under the governing rules of the plan to receive any other benefit that the member spouse, or his or her estate, is entitled to be paid as a result of satisfying the condition of release.

  (6)   In this regulation:

"relevant condition of release" means:

  (a)   for a member spouse who has a superannuation interest in a regulated superannuation fund--a condition of release mentioned in item   101, 102, 103, 106 or 108 of Schedule   1 to the SIS Regulations; and

  (b)   for a member spouse who has a superannuation interest in an approved deposit fund--a condition of release mentioned in item   201, 202, 203 or 206 of Schedule   1 to the SIS Regulations; and

  (c)   for a member spouse who has a superannuation interest in an RSA--a condition of release mentioned in item   101, 102, 103, 106 or 107 of Schedule   2 to the RSA Regulations.