Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p12
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 12/71)
Character Range: 423041–425692

split; and
 (ii) an adjusted base amount applies in relation to the non‑member spouse when the interest is created;
  the adjusted base amount allocated to the non‑member spouse less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (b) if:
 (i) the payment split is a base amount payment split; and
 (ii) an adjusted base amount does not apply in relation to the non‑member spouse when the interest is created;
  the base amount allocated to the non‑member spouse, within the meaning of regulation 45 of the Family Law (Superannuation) Regulations 2001, less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (c) if the payment split is a percentage payment split:
 (i) for an entitlement in respect of an interest in a self‑managed superannuation fund—the amount in relation to the interest at the time when the new interest is created, determined by a method that a court might use if the court were acting under paragraph 90XT(2)(b) or 90YY(2)(b) (as the case may be) of the Family Law Act 1975, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (ii) for an entitlement in respect of an accumulation interest in the growth phase, other than a partially‑vested accumulation interest, to which subparagraph (i) does not apply—the amount in relation to the interest at the time when the new interest is created, determined in the way in which a court would determine an amount in accordance with regulation 28 and subregulation 31(2A) of the Family Law (Superannuation) Regulations 2001, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse in respect of the payment split; or
 (iii) for an entitlement in respect of any other interest—the amount in relation to the interest at the time when the new interest is created, determined in the way in which a court would determine an amount in accordance with the relevant method in Part 5 of the Family Law (Superannuation) Regulations 2001, multiplied by the specified percentage, less the amount of any fees payable by the non‑member spouse in respect of the payment split.
 (4) The value of the benefits in the non‑member spouse interest must not be more than the value of the withdrawal benefit in relation to the member spouse and the original interest immediately before the new interest is created.
 (5) The value of the benefits that the member spouse has in his or her interest must be reduced by the sum of:
 (a) the value of the benefits that the non‑member spouse has in