Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:9a
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 9A
Character Range: 37607–39610

9A  Meaning of percentage‑only interest (Act s 90XD, s 90YD)
 (1) Subject to subregulation (2), for the definitions of percentage‑only interest in sections 90XD and 90YD of the Act, each of the following superannuation interests is prescribed:
 (b) a superannuation interest in the scheme constituted by the Judges' Pensions Act 1953 (NSW);
 (c) a superannuation interest to which regulation 9B applies;
 (ca) a superannuation interest in the scheme constituted by the Judges (Pensions and Long Leave) Act 1957 (Qld);
 (cb) a superannuation interest in the scheme constituted by the Governors (Salary and Pensions) Act 2003 (Qld);
 (d) a superannuation interest in the scheme constituted by the Judges' Contributory Pensions Act 1968 (Tas);
 (e) a superannuation interest in the Parliamentary Retiring Benefits Fund continued, under regulation 50 of the Retirement Benefits (Parliamentary Superannuation) Regulations 2012 (Tas), as a subfund of the Retirement Benefits Fund;
 (f) a superannuation interest in a superannuation annuity.
 (2) A superannuation interest mentioned in paragraph (1)(ca), (d) or (e) is not a percentage‑only interest if, immediately before the commencement day of the paragraph in which the interest is mentioned:
 (a) either:
 (i) the interest is covered by a superannuation agreement or a flag lifting agreement that is in force and provides for a payment split; or
 (ii) the interest is an interest to which subsection 90XJ(5) or 90YN(5) of the Act applies; or
 (b) the interest is covered by a splitting order; or
 (c) the non‑member spouse has served a waiver notice on the trustee under section 90XZA or 90YZQ of the Act in respect of the interest.
 (3) Subregulation (2) applies only in relation to the agreement, order or notice.
 (4) In subregulation (2):
commencement day, for a paragraph in which a superannuation interest is mentioned, means:
 (a) for paragraph (1)(ca)—the day on which that paragraph commenced; and
 (b) for paragraphs (1)(d) and (e)—2 May 2003.