Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_90xs
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 90XS
Character Range: 727767–728601

90XS  Order under section 79 or 90SM may include orders in relation to superannuation interests
 (1) In proceedings under section 79 or 90SM with respect to the property of spouses, the court may, in accordance with this Division, also make orders in relation to superannuation interests of the spouses.
Note 1: Although the orders are made in accordance with this Division, they will be made under either section 79 or 90SM. Therefore they will be generally subject to all the same provisions as other orders made under that section.
Note 2: Sections 71A and 90XO limit the scope of section 79.
Note 3: Subsections 44(5) and (6) and sections 90SB, 90SK and 90XO limit the scope of section 90SM.
 (2) A court cannot make an order under section 79 or 90SM in relation to a superannuation interest except in accordance with this Part.