Document ID: chunk:federal_register_of_legislation:F2008C00065:front:0:p1
Version: federal_register_of_legislation:F2008C00065
Segment Type: other
Provision Reference: 
Character Range: 0–2874

Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004

as amended

made under subregulation 64 (7) of the

Family Law (Superannuation) Regulations 2001

This compilation was prepared on 1 February 2008
taking into account amendments up to Family Law (Superannuation)
(Provision of Information — Commonwealth Superannuation Scheme)
Amendment Determination 2008 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General's Department, Canberra

Contents

 1 Name of Determination [see Note 1]
 2 Commencement [see Note 1]
 3 Definitions
 4 Application of Determination
 5 Provision of information by trustee — growth phase interests
 6 Provision of information by trustee — payment phase interests

Notes

1 Name of Determination [see Note 1]

  This Determination is the Family Law (Superannuation) (Provision of Information — Commonwealth Superannuation Scheme) Determination 2004.

2 Commencement [see Note 1]

  This Determination commences on the date of its notification in the Gazette.

3 Definitions

 (1) In this Determination:
Act means the Superannuation Act 1976.
CSS means the Commonwealth Superannuation Scheme established by the Act.
CSS Board means the board established by section 27A of the Act.
CSS table means the table in clause 2 of Part 1 of Schedule 1 to the Methods and Factors Approval.
Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.
Regulations means the Family Law (Superannuation) Regulations 2001.

 (2) An expression used in this Determination and in section 3 or 146MA (whichever is applicable) of the Act has the same meaning in this Determination as it has in the applicable section of the Act.

 (3) For this Determination, a reference to 'the relevant date':
 (a) in the description of a kind of superannuation interest in the Methods and Factors Approval mentioned in column 2 of an item of the table in section 5; or
 (b) in the definition of a factor in the Methods and Factors Approval mentioned in column 4 of an item of the table in section 5 or 6;
is to be read as if it were a reference to 'the appropriate date'.

4 Application of Determination

  This Determination applies in relation to a superannuation interest in the CSS for which a method and factors have been approved under Part 1 of Schedule 1 to the Methods and Factors Approval.

5 Provision of information by trustee — growth phase interests

  In relation to a superannuation interest mentioned in an item in the following table that was in the growth phase at the appropriate date:
 (a) for paragraph 64 (7) (a) of the Regulations, the trustee of the CSS is not required to provide the information about the interest mentioned in column 3 of the item; and
 (b)