Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:59
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 59
Character Range: 175488–176696

59  Fees payable to trustee (Act s 90XY, s 90YZO)
 (1) The trustee of an eligible superannuation plan may charge reasonable fees in respect of any of the following:
 (a) a payment split;
 (b) a payment flag;
 (c) flag lifting under a flag lifting agreement that does not provide for a payment split;
 (d) an order under section 90XM or 90YR of the Act terminating the operation of a payment flag;
 (e) an application under section 90XZB or 90YZR of the Act for information about a superannuation interest;
 (f) any other thing done by the trustee in relation to a superannuation interest covered by a superannuation agreement, flag lifting agreement or splitting order.
 (2) A fee payable in respect of a matter mentioned in paragraph (1)(a), (b), (c), (d) or (f) is payable:
 (a) subject to paragraph (b), by the member spouse and the non‑member spouse in equal parts; or
 (b) if the fee is in respect of a payment split under which the non‑member spouse is entitled to be paid the whole of the amount of each splittable payment that becomes payable—by the non‑member spouse.
 (3) A fee payable in respect of an application mentioned in paragraph (1)(e) is payable by the person who makes the application.