Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:22
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 22
Character Range: 72362–73699

22  Requirements of this Subdivision
 (1) The requirements of this Subdivision are met for a non‑member spouse's entitlement under a particular superannuation agreement, flag lifting agreement or splitting order in respect of a superannuation interest if:
 (a) the interest:
 (i) is not a percentage‑only interest; and
 (ii) is in a superannuation fund or an approved deposit fund; and
 (b) either of the following sections applies for the interest:
 (i) section 23 (main circumstances);
 (ii) section 24 (public sector superannuation schemes in which a separate entitlement arises for the non‑member spouse).
Note: Section 23 will apply if any of its subsections applies for the interest.
 (2) However, for the purposes of subparagraph (1)(b)(i), section 23 will not apply for the superannuation interest if:
 (a) the interest is a defined benefit interest; and
 (b) the governing rules of the relevant eligible superannuation plan provide for the reduction of the benefit payable to any other member of the plan (other than the member spouse or a reversionary beneficiary of the member spouse) as a result of:
 (i) the creation of a new interest for the non‑member spouse; or
 (ii) the transfer or rollover of an amount to be held for the benefit of the non‑member spouse; or
 (iii) the payment of an amount to the non‑member spouse.