Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:36
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 36
Character Range: 103275–105415

36  Requirements of this Division
 (1) The requirements of this Division are met for a non‑member spouse's entitlement under a particular superannuation agreement, flag lifting agreement or splitting order in respect of a superannuation interest if subsection (2) or (3) applies for the interest.
 (2) This subsection applies for the superannuation interest 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) if the non‑member spouse has satisfied a relevant condition of release in relation to the interest—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 interest;
 (ii) otherwise—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 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 interest, has been served on the trustee of the plan.
 (3) This subsection applies for the superannuation interest if:
 (a) the interest is in a superannuation fund that is neither a regulated superannuation fund nor 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 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 interest, has been served on the trustee of the plan.

Part 4—Payment splitting or flagging by agreement

Division 1—Superannuation interest that is not a percentage‑only interest