Document ID: chunk:federal_register_of_legislation:F2023C01022:clause:3_3a:p2
Version: federal_register_of_legislation:F2023C01022
Segment Type: clause
Provision Reference: sch 3 cl 3A (pt 2/3)
Character Range: 403975–406561

stated in that statement; and
 (ii) the total member credit at the first valuation date is the total member credit stated in that statement; and
 (iii) the second valuation date is a date after the relevant date that is within 28 days before the date when the valuation of the interest is being carried out; and
 (iv) the total member credit at the second valuation date is the total member credit at that date; and
 (b) if, in relation to the interest, evidence of the contents of 2 member information statements is before the court in the relevant proceeding, and the relevant date is between the valuation date stated in one of those statements (the first statement) and the valuation date stated in the other statement (the second statement):
 (i) the first valuation date is the valuation date stated in the first statement; and
 (ii) the total member credit at the first valuation date is the total member credit stated in the first statement; and
 (iii) the second valuation date is the valuation date stated in the second statement; and
 (iv) the total member credit at the second valuation date is the total member credit stated in the second statement; and
 (c) if, in relation to the interest, evidence of the contents of one member information statement only is before the court in the relevant proceeding, and the relevant date is before the valuation date stated in that statement:
 (i) the first valuation date is the date when the interest was acquired by the member spouse; and
 (ii) the total member credit at the first valuation date is the total member credit at that date; and
 (iii) the second valuation date is the valuation date stated in the statement; and
 (iv) the total member credit at the second valuation date is the total member credit stated in the statement; and
 (d) in any other case:
 (i) the first valuation date is the date when the interest was acquired by the member spouse; and
 (ii) the total member credit at the first valuation date is the total member credit at that date; and
 (iii) the second valuation date is a date after the relevant date that is within 28 days before the date when the valuation of the interest is being carried out; and
 (iv) the total member credit at the second valuation date is the total member credit at that date.
 (5) For subparagraphs (4)(a)(iv) and (d)(iv), the total member credit at the second valuation date includes:
 (a) any amount payable under an earlier payment split that applies in respect of the interest; and
 (b) the amount of any surcharge debt of the member spouse in respect of the interest.