Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:43
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 43
Character Range: 109916–111266

43  Simplified outline of this Part

      Before making a splitting order in relation to a superannuation interest of the member spouse, the court must make a determination about the value of the interest.
      Subdivision A of Division 2 of this Part either:
             (a) unless paragraph (b) applies—explains which Division of Part 6 is used to determine that value, depending on whether the interest is in the growth phase or the payment phase; or
             (b) if the interest is a small superannuation accounts interest—explains how to determine that value.
      To calculate the amount the non‑member spouse is entitled to be paid under the splitting order:
             (a) if the splitting order is made under paragraph 90XT(1)(a) or 90YY(1)(a) of the Act—Subdivision B of Division 2 of this Part explains which Division of Part 7 of this instrument is used to calculate that amount; or
             (b) if the splitting order is made under paragraph 90XT(1)(c) or 90YY(1)(c) of the Act (in relation to a percentage‑only interest)—Division 3 of this Part explains how to calculate that amount.
      Subdivision B of Division 2 of this Part does not apply to small superannuation accounts interests.

Division 2—All superannuation interests

Subdivision A—Determining the value of the superannuation interest of the member spouse