Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:70
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 70
Character Range: 251342–253336

70  Information to be provided by trustee following service of agreement or order (Act s 90XZB, s 90YZR)
 (1) This regulation applies to the trustee of an eligible superannuation plan, other than:
 (a) a regulated superannuation fund; or
 (b) an approved deposit fund; or
 (c) an RSA; or
 (d) an account within the meaning of the Small Superannuation Accounts Act 1995.
 (2) For subsections 90XZB(7) and 90YZR(7) of the Act, if the trustee is served with a copy of a superannuation agreement, flag lifting agreement or splitting order, that deals with a member spouse's superannuation interest in the plan, the trustee must, as soon as practicable after the operative time for the payment split under the agreement or order, give to the non‑member spouse in relation to the superannuation interest a written notice stating the following information:
 (a) the contact details for the plan;
 (b) if the interest is not a percentage‑only interest:
 (i) the base amount (if any) allocated to the non‑member spouse under the agreement or order; and
 (ii) the method by which the base amount (if any) will be adjusted on an ongoing basis; and
 (iii) the percentage (if any) specified in the agreement or order that is to apply to all splittable payments in respect of the interest;
 (c) if the interest is a percentage‑only interest:
 (i) the percentage specified in the agreement or order; and
 (ii) if the payment split is under a superannuation agreement or flag lifting agreement, whether the percentage is to apply for the purposes of subparagraph 90XJ(1)(b)(i) or 90YN(1)(b)(i) (as the case may be) of the Act; and
 (iii) if the payment split is under a splitting order, whether the order is made under paragraph 90XT(1)(c) or 90YY(1)(c) (as the case may be) of the Act;
 (d) the circumstances in which the entitlement of the non‑member spouse will become payable;
 (e) details of any fee payable by the non‑member spouse under regulation 59, and arrangements for the payment of any such fee.