Document ID: chunk:federal_register_of_legislation:C2004A01292:clause:1_93da:p1
Version: federal_register_of_legislation:C2004A01292
Segment Type: clause
Provision Reference: sch 1 cl 93DA (pt 1/2)
Character Range: 43860–46626

93DA  Definitions

  In this Part, unless the contrary intention appears:

associate pension means an associate pension under section 93DB.

base amount means:
 (a) for a splitting agreement—the base amount specified in, or calculated under, the agreement; or
 (b) for a splitting order—the amount allocated under subsection 90MT(4) of the Family Law Act 1975.

family law value means the amount determined in accordance with regulations under the Family Law Act 1975 that apply for the purposes of paragraph 90MT(2)(a) of the Family Law Act 1975. In applying those regulations, the relevant date is taken to be the date on which the operative time occurs.

Note: This amount is determined by applying those regulations, whether or not an order has been made under subsection 90MT(1) of the Family Law Act 1975.

member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.

non‑member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.

non‑standard pension means a pension under this Act other than a standard pension.

operative time, in relation to a splitting agreement or splitting order, means the time that is the operative time for the purposes of Part VIIIB of the Family Law Act 1975 in relation to a payment split under the agreement or order.

Orders means Orders under section 93DE.

original interest means a superannuation interest to which section 93DB applies.

payment split has the same meaning as in Part VIIIB of the Family Law Act 1975.

splitting agreement means:
 (a) a superannuation agreement (within the meaning of Part VIIIB of the Family Law Act 1975); or
 (b) a flag lifting agreement (within the meaning of Part VIIIB of the Family Law Act 1975) that provides for a payment split.

splitting order has the same meaning as in Part VIIIB of the Family Law Act 1975.

splitting percentage means:
 (a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90MJ(1)(c)(iii) of the Family Law Act 1975; or
 (b) for a splitting order—the percentage specified in the order under subparagraph 90MT(1)(b)(i) of the Family Law Act 1975.

standard pension means any of the following:
 (a) a pension under section 37 or 38;
 (b) a pension under section 46, section 47 (other than subsection (4)), section 48AA or section 48AB (other than in relation to subsection 47(4) or section 48);
 (c) a benefit under subsection 48C(3) that consists of regular payments;
 (d) an associate pension.

superannuation interest has the same meaning as in Part VIIIB of the Family Law Act 1975.

transfer amount means:
 (a) if a splitting percentage applies—the amount calculated by multiplying the splitting percentage by the family law value; or
 (b) otherwise—the base amount.

Division