Victorian Numbered Acts Victorian Numbered Acts See:
Act
No.
6230.
Reprint
No. 12
as
at
28 April
2006
and
amending
Act
Nos
22/2006, 50/2006, 24/2007, 26/2007 and
28/2007.
LawToday:
www.
legislation.
vic.gov.au
After section 3 of the County Court Act 1958 insert —
(1) For the purposes of section 14—
approved deposit fund has the meaning given by section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
"domestic partner" of a person means a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
"eligible rollover fund" means a fund within the meaning of section 242 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
"eligible superannuation plan" means—
(a) a regulated superannuation fund; or
(b) an approved deposit fund; or
(c) an exempt public sector superannuation scheme; or
(d) an RSA;
"exempt public sector superannuation scheme" means a public sector superannuation scheme within the meaning of section 10(1) of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
flag lifting agreement has the meaning given by section 90MN of the Family Law Act 1975 of the Commonwealth;
"flagging order" means an order mentioned in section 90MU(1) of the Family Law Act 1975 of the Commonwealth;
interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;
"member" means a judge;
"member spouse", in relation to a superannuation interest, means the spouse who has the superannuation interest;
"non-member spouse", in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;
"partner" of a person means—
(a) in relation to a person who became entitled to benefits under this Act before the commencement of section 9 of the Constitution Amendment (Judicial Pensions) Act 2008 —
(i) the person's husband, wife, widower or widow; or
(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Minister lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
(b) in any other case, the person's spouse or domestic partner;
payment flag has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;
"regulated superannuation fund" means a superannuation fund which complies with section 19 of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
"relevant condition of release" means a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;
reversionary interest has the meaning given by section 90MF of the Family Law Act 1975 of the Commonwealth;
"RSA" means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;
"specified period" means the period which is specified to be the specified period in the specified standards;
"splitting order" means an order mentioned in section 90MT of the Family Law Act 1975 of the Commonwealth;
spouse of a person means a person to whom the person is, or was at the time of the person's death, married;
superannuation agreement has the meaning given by section 90MH of the Family Law Act 1975 of the Commonwealth;
superannuation fund has the same meaning as in the
Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
s. 9
"superannuation interest" means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest;
unsplittable interest has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;
value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest means the value as determined in accordance with regulation 14G(8) of the Family Law (Superannuation) Regulations 2001 of the Commonwealth;
"value of the member spouse's interest in the Fund" means the value as determined in accordance with Part 5 of the Family Law (Superannuation) Regulations 2001 of the Commonwealth.
(2) For the purposes of the definition of domestic partner in subsection (1), in determining whether persons are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.
(3) For the purposes of section 14, a reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount.".