Document ID: chunk:federal_register_of_legislation:C2018C00341:clause:1_46
Version: federal_register_of_legislation:C2018C00341
Segment Type: clause
Provision Reference: sch 1 cl 46
Character Range: 26683–27735

46  Application—operative time before commencement time and Judge not in receipt of pension
(1) Subject to subitem (2), the amendments made by this Schedule also apply in relation to a splitting agreement or splitting order if:
 (a) the operative time in relation to the agreement or order is before the commencement time; and
 (b) the agreement or order relates to a superannuation interest under the Judges' Pensions Act of a Judge who was appointed before the commencement time; and
 (c) immediately before the commencement time, the Judge is not in receipt of a retirement pension in respect of the superannuation interest.
(2) The following provisions apply in relation to the splitting agreement or splitting order as if a reference in the provisions to the operative time were a reference to the commencement time:
 (a) sections 17AA, 17AB, 17AD (other than subsection (6)) and 17AF of the Judges' Pensions Act, as inserted by this Schedule;
 (b) the definition of family law value in subsection 4(1) of that Act, as inserted by this Schedule.