Document ID: chunk:federal_register_of_legislation:C2022C00273:section:21c:p2
Version: federal_register_of_legislation:C2022C00273
Segment Type: section
Provision Reference: s 21C (pt 2/2)
Character Range: 128014–129300

subsection (3), take account only of the eligible roll‑over fund member's entitlement to payment remaining after any reduction by the payment split (disregarding subsection 90XB(3) of the Family Law Act 1975); and
 (b) the superannuation provider must also pay an amount (the non‑member spouse amount) to the Commissioner in respect of the non‑member spouse; and
 (c) the non‑member spouse amount is due and payable at the same time as the amount payable under subsection (1); and
 (d) the amount of the non‑member spouse amount is the amount of the reduction mentioned in paragraph (a).
Note 1: Part VIIIB of the Family Law Act 1975 is about splitting amounts payable in respect of a superannuation interest between the parties to a marriage. Subsection 90XB(3) of that Act provides that the Part has effect subject to this Act.
Note 2: Subsection 21D(2) of this Act makes it an offence not to comply with a requirement under this subsection.

Miscellaneous
 (6) Upon payment to the Commissioner of an amount as required under this section, the superannuation provider is discharged from further liability in respect of that amount.
 (7) For the purposes of this section, ignore accounts with nil balances, or balances below nil, as at the calculation time mentioned in subsection (1).