Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:142
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 142
Character Range: 324426–326570

142  Information to be provided to the non‑member spouse by the trustee after service of agreement or order
 (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, other than:
 (i) a regulated superannuation fund; or
 (ii) an approved deposit fund; or
 (iii) an RSA; or
 (iv) an account within the meaning of the Small Superannuation Accounts Act 1995; and
 (b) the person is served with a copy of a superannuation agreement, or of a flag lifting agreement or splitting order, that deals with a member spouse's superannuation interest in the plan; and
 (c) the person fails to, as soon as practicable after the operative time for the payment split under the agreement or order, give to the non‑member spouse for the superannuation interest a written notice stating the information mentioned in subsection (2).
 (2) For the purposes of paragraph (1)(c), the information is as follows:
 (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 section 98, and arrangements for the payment of any such fee.