Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:25:p2
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 25 (pt 2/2)
Character Range: 81685–83884

superannuation fund—the value of the interest at the termination time, determined by the method the court would consider appropriate if it were determining the value of the interest under paragraph 90XT(2)(b) or 90YY(2)(b) of the Act; or
 (b) otherwise—the value of the superannuation interest, being the amount in relation to the interest at the termination time, calculated under Division 2 of Part 6 of this instrument as if references in that Division to "the relevant date" were references to "the termination time".
fees means the amount of any fees payable by the non‑member spouse under section 98.

Value—specified percentage is to apply to all splittable payments in respect of the interest
 (4) For the purposes of paragraph (1)(b), the value of the non‑member spouse's entitlement for the interest at the termination time is equal to:
where:
default amount means:
 (a) if the entitlement is in respect of an interest that is neither:
 (i) an accumulation interest (other than a partially vested accumulation interest); nor
 (ii) an interest in a self managed superannuation fund;
  the amount in relation to the interest at the termination time that a court would determine under Part 6; or
 (b) if the entitlement is in respect of an accumulation interest other than:
 (i) a partially vested accumulation interest; or
 (ii) an interest in a self managed superannuation fund;
  the amount in relation to the interest at the termination time that a court would determine under Part 6 if item 3 of the table in section 51, and subsection 53(2), applied for the interest; or
 (c) if the entitlement is in respect of an interest in a self managed superannuation fund—the value of the interest at the termination time, determined by the method that the court would consider appropriate if it were determining the value of the interest under paragraph 90XT(2)(b) or 90YY(2)(b) of the Act.

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