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Family Law (Superannuation) Regulations 2001

Statutory Rules No. 303, 2001
made under the

Family Law Act 1975

Compilation No. 27

Compilation date: 1 November 2023

Includes amendments up to: F2023L01458

Registered: 23 November 2023

About this compilation

This compilation

This is a compilation of the Family Law (Superannuation) Regulations 2001 that shows the text of the law as amended and in force on 1 November 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Part 1—Preliminary
1 Name of Regulations
3 Definitions
4 Expressions used in Part VIIIB or VIIIC of the Act
5 Meaning of defined benefit interest
6 Meaning of growth phase—superannuation interests in regulated superannuation funds, approved deposit funds and RSAs
7 Meaning of growth phase—superannuation interests in other eligible superannuation plans
8 Meaning of payment phase
9 Meaning of partially vested accumulation interest
9A Meaning of percentage‑only interest (Act s 90XD, s 90YD)
9B Meaning of percentage‑only interest—parliament 70 category under the Deed
10 Meaning of trustee (Act s 90XD, s 90YD)
10A Meaning of unflaggable interest (Act s 90XD, s 90YD)
11 Meaning of unsplittable interest (Act s 90XD, 90YD)
11A Meaning of lifetime pension etc.
Part 2—Payments that are not splittable payments
Division 2.1—General
12 Payments to member spouse that are not splittable payments (Act s 90XE, s 90YG)
13 Payments after death of member spouse that are not splittable payments (Act