Document ID: chunk:federal_register_of_legislation:F2022C00997:reg:90:p1
Version: federal_register_of_legislation:F2022C00997
Segment Type: reg
Provision Reference: reg 90 (pt 1/2)
Character Range: 100530–103142

90  Definitions for Part 9
  In this Part:
associate pension means an associate pension under regulation 91.
base amount means:
 (a) for a splitting agreement—the base amount specified in, or calculated under, the agreement; or
 (b) for a splitting order—the amount allocated under subsection 90XT(4) or 90YY(5) (as the case may be) of the FL Act.
family law value means:
 (a) in relation to a superannuation interest within the meaning of Part VIIIB of the FL Act—the amount determined in accordance with the FLS Regulations that apply for the purposes of paragraph 90XT(2)(a) of the FL Act; or
 (b) in relation to a superannuation interest within the meaning of Part VIIIC of the FL Act—the amount determined in accordance with the FLS Regulations that apply for the purposes of paragraph 90YY(2)(a) of the FL Act.
In applying the FLS Regulations, the relevant date is taken to be the date on which the operative time occurs.
Note: This amount is determined by applying that instrument, whether or not an order has been made under subsection 90XT(1) or 90YY(1) (as the case may be) of the FL Act.
FL Act means the Family Law Act 1975.
FLS Regulations means the Family Law (Superannuation) Regulations 2001.
member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the FL Act.
non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the FL Act.
non‑standard pension means a pension other than a standard pension.
Note: Pension is defined in subregulation 4(1).
operative time means:
 (a) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Part VIIIB of the FL Act or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order; or
 (b) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Part VIIIC of the FL Act or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.
original interest means a superannuation interest to which regulation 91 applies.
payment split means a payment split within the meaning of Part VIIIB or VIIIC of the FL Act.
splitting agreement means:
 (a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the FL Act); or
 (b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the FL Act) that provides for a payment split.