Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:45
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 45
Character Range: 123345–124549

45  Meaning of base amount allocated to the non‑member spouse
 (1) For this Part, the base amount allocated to the non‑member spouse, in relation to a superannuation interest, is:
 (a) in the case of an interest that is identified in a superannuation agreement or flag lifting agreement:
 (i) the base amount specified in the agreement in relation to the interest for the purposes of Part VIIIB or VIIIC of the Act, rounded, if necessary, in accordance with subregulation (2); or
 (ii) the base amount calculated in accordance with a method specified in the agreement, rounded, if necessary, in accordance with subregulation (2); and
 (b) in the case of an interest in relation to which a splitting order applies—the base amount allocated to the non‑member spouse by the court under subsection 90XT(4) or 90YY(5) of the Act, rounded, if necessary, in accordance with subregulation (2).
 (2) For subregulation (1):
 (a) a base amount that includes a part of a dollar that is less than 50 cents is to be rounded down to the nearest dollar; and
 (b) a base amount that includes a part of a dollar that is 50 cents or more is to be rounded up to the nearest dollar.

Division 6.1A—Adjustment of base amount