Document ID: chunk:federal_register_of_legislation:F2025L00178:reg:144
Version: federal_register_of_legislation:F2025L00178
Segment Type: reg
Provision Reference: reg 144
Character Range: 328250–330489

144  Notice to trustee by or for non‑member spouse
 (1) The non‑member spouse for a superannuation interest that:
 (a) is held in an eligible superannuation plan; and
 (b) is subject to a payment split or payment flag;
must ensure the trustee of that plan is given a written notice, for the non‑member spouse, of the information mentioned in subsection (2).
 (2) The information is:
 (a) the full name of the non‑member spouse; and
 (b) if the non‑member spouse chooses to be represented by a legal representative, support worker or other person or organisation—the full name of that representative; and
 (c) a postal or email address of:
 (i) the non‑member spouse; or
 (ii) if a representative has been chosen under paragraph (b)—that representative; and
 (d) if the interest is subject to a payment split:
 (i) the non‑member spouse's date of birth; and
 (ii) whether the non‑member spouse is a member of that plan, if known; and
 (iii) where the non‑member spouse is such a member—the non‑member spouse's membership number of that plan, if known; and
 (e) the date the notice is given to the trustee of that plan.
 (3) The information is to be given to the trustee as soon as practicable after:
 (a) the day the copy of the relevant superannuation agreement, flag lifting agreement or payment flag is served on the trustee; or
 (b) the day the splitting order is made.
 (4) If any of the information changes after it is given to the trustee, the non‑member spouse must notify the trustee of the changed information:
 (a) as soon as practicable after the change occurs; and
 (b) in writing or in some other way acceptable to the trustee.

Part 10—Transitional arrangements

Division 1—Transitional arrangements for the commencement of this instrument
Note: A reference in any legislative instrument or notifiable instrument to:
(a) the Family Law (Superannuation) Regulations 2001 is treated as if it were a reference to this instrument; or
(b) a provision of the Family Law (Superannuation) Regulations 2001 is treated as if it were a reference to the corresponding provision of this instrument.
 (This is the effect of paragraphs 10(b) and (c) of the Acts Interpretation Act 1901 and paragraph 13(1)(a) of the Legislation Act 2003).