Document ID: chunk:federal_register_of_legislation:F2011L00025:body:0:p1
Version: federal_register_of_legislation:F2011L00025
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Family Law (Superannuation) (Provision of Information — NSW State Superannuation Scheme) Determination 20101
Family Law (Superannuation) Regulations 2001

I, ROBERT MCCLELLAND, Attorney-General, make this Determination under subregulations 64 (7) and (7B) of the Family Law (Superannuation) Regulations 2001.

Dated 21 December 2010

ROBERT MCCLELLAND
Attorney-General

Contents

 1 Name of Determination
 2 Commencement
 3 Definitions
 4 Application of Determination
 5 Provision of information by trustee

1 Name of Determination

  This Determination is the Family Law (Superannuation) (Provision of Information — NSW State Superannuation Scheme) Determination 2010.

2 Commencement

  This Determination commences on the day after it is registered.

3 Definitions

 (1) In this Determination:
flag lifting agreement has the same meaning as in section 90MD of the Family Law Act 1975.
M & F Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.
NSW Superannuation Act means the Superannuation Act 1916 (NSW).
Regulations means the Family Law (Superannuation) Regulations 2001.
splitting order has the same meaning as in section 90MD of the Family Law Act 1975.
SS Scheme means the superannuation scheme constituted by the NSW Superannuation Act.
superannuation agreement has the same meaning as in section 90MD of the Family Law Act 1975.

 (2) An expression used in this Determination and in the NSW Superannuation Act or in a provision of that Act has the same meaning in this Determination as it has in the NSW Superannuation Act or the provision of that Act.

4 Application of Determination

  This Determination applies to a superannuation interest in the SS Scheme for which a method and factors have been approved under Part 8 of Schedule 2 to the M & F Approval.

5 Provision of information by trustee

  In relation to a superannuation interest mentioned in an item in the following table:
 (a) for paragraphs 64 (7) (a) and (7B) (a) of the Regulations, the trustee of the SS Scheme is not required to provide the information about the interest mentioned in column 3 of the item; and
 (b) for paragraphs 64 (7) (b) and (7B) (b) of the Regulations, the trustee of the SS Scheme must provide any information about the interest mentioned in column 4 of the item.

Item  Superannuation Interest                                                                                                                                                                                                                                                                                                    Information not required to be provided                                                              Information that must be provided
 1    An interest mentioned in subclause 2 (1) of Part 8 of Schedule 2 to the M & F Approval                                                                                                                                                                                                                                     The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations
 2    An interest mentioned in clause 11 of Part 8 of Schedule 2 to the M & F Approval (a clause 11 interest) held by a person who has elected, under paragraph 20AB (1) (b) of the NSW