Commonwealth Consolidated Regulations

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 71

  (1)   This regulation applies in relation to a superannuation interest if:

  (a)   the interest is in a superannuation fund that is not a regulated superannuation fund; and

  (b)   the interest is not a percentage - only interest; and

  (ba)   the interest is subject to a payment split under subparagraph   90XJ(1)(c)(i) or (ii) or 90YN(1)(c)(i) or (ii) of the Act or under a splitting order made under paragraph   90XT(1)(a) or 90YY(1)(a) of the Act; and

  (c)   the interest is in the growth phase during a particular financial year.

  (2)   Unless the payment split is under a superannuation agreement, flag lifting agreement or splitting order in relation to which the non - member spouse's entitlement has been satisfied as required by Division   2.2, the trustee of the plan must give the following information to the non - member spouse in relation to the superannuation interest for each financial year in which the interest is in the growth phase:

  (a)   the value of the adjusted base amount applicable to the non - member spouse at the end of the financial year;

  (b)   the amount of the adjustment in the financial year;

  (c)   the interest rate that applied, under Division   6.1A, to the superannuation interest for the financial year.

  (3)   The trustee must give the information to the non - member spouse not later than 6 months after the end of the relevant financial year.

Penalty for subregulation (3):    1 penalty unit.