Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:3:p3
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 3 (pt 3/4)
Character Range: 23419–26236

part of the Government Division Rules known as the Participation Schedule.
payment phase, in relation to a superannuation interest (other than a small superannuation accounts interest) of a member spouse, has the meaning given by regulation 8.
pension means a pension, within the meaning of section 10 of the SIS Act, payable from an eligible superannuation plan (other than an account within the meaning of the Small Superannuation Accounts Act 1995).
percentage‑only interest has the meaning given by regulation 9A.
public sector superannuation scheme has the same meaning as in the SIS Act.
relevant date, for the purpose of determining, under Part 5, an amount in relation to a superannuation interest that is subject to a payment split, means:
 (a) in relation to a payment split under a superannuation agreement or flag lifting agreement:
 (i) the date agreed on for that purpose by the parties to the agreement; or
 (ii) if no date is agreed on by the parties to the agreement and the agreement is dated—the date shown on the agreement; or
 (iii) if no date is agreed on by the parties to the agreement and the agreement is not dated—the date when a copy of the agreement is served on the trustee of the relevant eligible superannuation plan; and
 (b) in relation to a payment split under a splitting order—the date determined by the court.
RSA Regulations means the Retirement Savings Accounts Regulations 1997.
self managed superannuation fund has the same meaning as in the SIS Act.
SIS Regulations means the Superannuation Industry (Supervision) Regulations 1994.
small superannuation accounts interest means a superannuation interest in an account within the meaning of the Small Superannuation Accounts Act 1995.
superannuation annuity has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
superannuation contributions surcharge means superannuation contributions surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997.
superannuation fund has the same meaning as in the SIS Act.
unflaggable interest has the meaning given by regulation 10A.
unsplittable interest has the meaning given by regulation 11.
withdrawal benefit:
 (a) for a member of a regulated superannuation fund, an exempt public sector superannuation scheme or an approved deposit fund, has the meaning given by subregulation 1.03(1) of the SIS Regulations; and
 (b) for a member of an RSA, has the meaning given by subregulation 1.03(1) of the RSA Regulations; and
 (c) for a member who has a small superannuation accounts interest, means the balance of the member's account; and
 (d) for a member of any other eligible superannuation plan, means the total amount of benefits that would be payable to the member if the member voluntarily ceased to be a member of the plan.