Document ID: chunk:federal_register_of_legislation:F2025L00178:front:0:p1
Version: federal_register_of_legislation:F2025L00178
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Family Law (Superannuation) Regulations 2025

I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated  20 February 2025

  Sam Mostyn AC
  Governor‑General

By Her Excellency's Command

Mark Dreyfus KC
Attorney‑General

Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
5 Meaning of component of a superannuation interest
6 Meaning of defined benefit interest
7 Meaning of growth phase—superannuation interests in regulated superannuation funds, approved deposit funds and RSAs
8 Meaning of growth phase—superannuation interests in other eligible superannuation plans
9 Meaning of payment phase
10 Meaning of partially vested accumulation interest
11 Meaning of percentage‑only interest
12 Meaning of trustee
13 Meaning of unflaggable interest
14 Meaning of unsplittable interest
15 Meaning of lifetime pension etc.
Part 2—Payments that are not splittable payments: payments of a particular character, or payments after death of member spouse
16 Payments of a particular character that are not splittable payments
17 Payments after death of member spouse that are not splittable payments
Part 3—Payments that are not splittable payments: payments made in particular circumstances
Division 1—Preliminary
18 Simplified outline of this Part
19 Meaning of relevant condition of release
Division 2—Circumstances when payments are not splittable payments
20 Circumstances when payments are not splittable payments
Division 3—When the payment relates to a superannuation interest that is not a percentage‑only interest
Subdivision A—New interest created, or amount transferred or rolled over or paid, under SIS Regulations or RSA Regulations, in satisfaction of the non‑member spouse's entitlement
21 Requirements of this Subdivision
Subdivision B—New interest otherwise created, or amount otherwise transferred or rolled over or paid, by trustee, or separate entitlement arising, in satisfaction of non‑member spouse's entitlement under agreement or order
22 Requirements of this Subdivision
23 Main circumstances when this Subdivision applies
24 Other circumstance—public sector superannuation schemes in which a separate entitlement arises for the non‑member spouse
25 Meaning of value of the non‑member spouse's entitlement
Division 4—When the payment relates to a superannuation interest that is a percentage‑only interest
Subdivision A—New interest created, or amount transferred or rolled over or paid, by trustee, or separate entitlement arising, in satisfaction of non‑member spouse's entitlement under agreement or order
26 Requirements of this Subdivision
27 Main circumstances when this Subdivision applies
28 Other circumstance—public sector superannuation schemes in which a separate entitlement arises for the non‑member spouse
29 Meaning of value of the non‑member spouse's entitlement
Subdivision B—New deferred annuity established, or amount transferred or rolled over or paid, by trustee of deferred annuity in satisfaction of non‑member spouse's entitlement under agreement or order
30 Requirements of this Subdivision
31 Circumstances when this Subdivision applies
32