Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:143
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 143
Character Range: 326570–328250

143  Information to be provided to non‑member spouse by the trustee at end of each financial year
 (1) For the purposes of subsection 90XZB(7) or 90YZR(7) of the Act, a person contravenes this subsection if:
 (a) the person is the trustee of an eligible superannuation plan; and
 (b) the plan is a superannuation fund that is not a regulated superannuation fund; and
 (c) a member spouse's superannuation interest in the plan:
 (i) is not a percentage‑only interest; and
 (ii) is subject to a payment split under subparagraph 90XJ(1)(c)(i) or (ii) or 90YN(1)(c)(i) or (ii) of the Act or under a splitting order made under paragraph 90XT(1)(a) or 90YY(1)(a) of the Act; and
 (iii) is in the growth phase during a particular financial year; and
 (d) the payment split is not under a superannuation agreement, or flag lifting agreement or splitting order, for which the non‑member spouse's entitlement has been satisfied as required by Division 2 of Part 3 of this instrument; and
 (e) the person fails to, before the end of the 6‑month period starting at the end of the financial year, give to the non‑member spouse for the superannuation interest a written notice stating the information mentioned in subsection (2) of this section.
Penalty: 1 penalty unit.
 (2) For the purposes of paragraph (1)(e), the information is as follows:
 (a) the value of the adjusted base amount applicable to the non‑member spouse at the end of the financial year;
 (b) the amount of the adjustment in the financial year;
 (c) the interest rate that applied, under section 76, to the superannuation interest for the financial year.

Subdivision K—Information provided by non‑member spouse to trustee