(1) Where, but for
this regulation, a benefit would pass by operation of law to a person other
than the person who is entitled to it under these regulations, the benefit
does not so pass.
(2)
Subregulation (1) is subject to the Family Law Act.
(3)
Subregulation (1) is also subject to a court order —
(a) that
restrains payment of a Member’s benefit; or
(b)
that —
(i)
is made under a provision specified in the table to the
SIS Regulations regulation 6.17(2C); and
(ii)
forfeits part or all of a Member’s benefit to the
State, the Commonwealth, another State or a Territory, as the case requires.
[Regulation 246 amended: Gazette 18 Jan
2008 p. 155; SL 2020/135 r. 5.]