Document ID: chunk:federal_register_of_legislation:C2004C01280:clause:1_90mo
Version: federal_register_of_legislation:C2004C01280
Segment Type: clause
Provision Reference: sch 1 cl 90MO
Character Range: 20683–21370

90MO  Limitation on section 79 order

 (1) A court cannot make an order under section 79 with respect to a superannuation interest if:
 (a) the superannuation interest is covered by a superannuation agreement that is in force; or
 (b) the non‑member spouse has served a waiver notice on the trustee under section 90MZA in respect of the interest; or
 (c) a payment flag is operating on the superannuation interest.

Note: Under section 90MM, the court can terminate the operation of a payment flag in certain circumstances.

 (2) Subsection (1) does not prevent the court taking superannuation interests into account when making an order with respect to other property of the spouses.