Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90xd:p1
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90XD (pt 1/2)
Character Range: 704693–707568

90XD  Definitions
  In this Part, unless the contrary intention appears:
approved deposit fund has the same meaning as in the SIS Act.
declaration time, in relation to a separation declaration, means the time when the declaration was signed by a spouse (or last signed by a spouse, if both spouses have signed).
Note: If a spouse has died, the spouse's legal personal representative may sign a declaration (see subsection 90XP(2)).
eligible superannuation plan means any of the following:
 (a) a superannuation fund within the meaning of the SIS Act;
 (b) an approved deposit fund;
 (c) an RSA;
 (d) an account within the meaning of the Small Superannuation Accounts Act 1995;
 (e) a superannuation annuity (within the meaning of the Income Tax Assessment Act 1997).
flagging order means an order mentioned in subsection 90XU(1).
flag lifting agreement has the meaning given by section 90XN.
in force, in relation to an agreement, has the meaning given by section 90XG.
interest includes a prospective or contingent interest, and also includes an expectancy.
marriage includes a void marriage.
member, in relation to an eligible superannuation plan, includes a beneficiary (including a contingent or prospective beneficiary).
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.
operative time:
 (a) in relation to a payment split under a superannuation agreement or flag lifting agreement—has the meaning given by section 90XI; or
 (b) in relation to a payment flag under a superannuation agreement—has the meaning given by section 90XK or paragraph 90XLA(2)(c) as appropriate; or
 (c) in relation to a payment split under a court order—means the time specified in the order.
payment flag means:
 (a) the application of section 90XL in relation to a superannuation interest; or
 (b) the application of a flagging order in relation to a superannuation interest.
payment split means:
 (a) the application of section 90XJ in relation to a splittable payment; or
 (b) the application of a splitting order in relation to a splittable payment.
percentage‑only interest means a superannuation interest prescribed by the regulations for the purposes of this definition.
regulated superannuation fund has the same meaning as in the SIS Act.
reversionary beneficiary means a person who becomes entitled to a benefit in respect of a superannuation interest of a spouse, after the spouse dies.
reversionary interest has the meaning given by section 90XF.
RSA means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997.
secondary government trustee means a trustee that:
 (a) is the Commonwealth, a State or Territory; and
 (b) is a trustee only because