Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:22
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 22
Character Range: 92850–94151

22  Determination of amount in relation to certain superannuation interests
 (1) Subject to subregulation (2), the court must determine an amount in relation to the superannuation interest at the relevant date:
 (a) if the interest is in the growth phase at the relevant date—in accordance with Division 5.1; and
 (b) if the interest is in the payment phase at the relevant date—in accordance with Division 5.2.
 (2) Subregulation (1) does not apply if the superannuation interest is:
 (a) a small superannuation accounts interest; or
 (b) an interest in a self managed superannuation fund; or
 (c) an interest in a regulated superannuation fund in relation to which the trustee of the fund has, under section 1017B of the Corporations Act 2001 (as modified, if necessary, as set out in Part 10 of Schedule 10A to the Corporations Regulations 2001), given notice to each member of the fund that the fund is to be reconstructed or terminated.
Note 1: See regulation 24 in relation to the determination of an amount in relation to a small superannuation accounts interest.
Note 2: The court must determine an amount in relation to a superannuation interest of the kind mentioned in paragraph (2)(b) or (c) by such method as it considers appropriate—see paragraphs 90XT(2)(b) and 90YY(2)(b) of the Act.