Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:4:p1
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 4 (pt 1/4)
Character Range: 25467–28305

4  Definitions
Note: Expressions used in this instrument have the same meaning as in the Act (see paragraph 13(1)(b) of the Legislation Act 2003). Some examples are the following, which are defined in Part VIIIB or VIIIC of the Act:
(a) eligible superannuation plan;
(b) member spouse;
(c) non‑member spouse;
(d) operative time;
(e) payment flag;
(f) payment split;
(g) superannuation interest.
  In this instrument:
accumulation interest means a superannuation interest, or a component of a superannuation interest, that is not a defined benefit interest or a small superannuation accounts interest.
Act means the Family Law Act 1975.
adjusted base amount applicable to the non‑member spouse, for a superannuation interest at a particular date, has the meaning given by section 73.
allocated annuity means an annuity that is paid, within a range of minimum and maximum payments, from an identifiable lump sum and includes an annuity that arises under a contract that meets the standards of subregulation 1.05(4) of the SIS Regulations.
allocated pension means a pension paid, within a range of minimum and maximum payments, from an identifiable lump sum, including:
 (a) a pension provided under rules of a superannuation fund that meet the standards of subregulation 1.06(4) of the SIS Regulations; and
 (b) a pension provided under terms and conditions of an RSA that meet the standards of subregulation 1.07(2) of the RSA Regulations.
annuity provider means a person, body or organisation that has entered into a contract to provide an annuity.
applicable adjustment period, for a superannuation interest, has the meaning given by section 74 or 75.
base amount, for a superannuation interest, means:
 (a) if the interest is identified in a superannuation agreement or flag lifting agreement:
 (i) the monetary amount specified in the agreement in relation to the interest for the purposes of subparagraph 90XJ(1)(c)(i) or 90YN(1)(c)(i) of the Act, rounded up or down to the nearest dollar (with 50 cents being rounded up); or
 (ii) the monetary amount calculated using a method specified in the agreement for the purposes of subparagraph 90XJ(1)(c)(ii) or 90YN(1)(c)(ii) of the Act, rounded up or down to the nearest dollar (with 50 cents being rounded up); and
 (b) if a splitting order applies for the interest—the monetary amount allocated to the non‑member spouse by the court under subsection 90XT(4) or 90YY(5) of the Act, rounded up or down to the nearest dollar (with 50 cents being rounded up).
component of a superannuation interest has the meaning given by section 5.
constitutionally protected fund has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.
deferred annuity means an annuity that is not presently payable.
defined benefit interest has the meaning given by section 6.
exempt public