Document ID: chunk:federal_register_of_legislation:C2020A00112:clause:1_90yl
Version: federal_register_of_legislation:C2020A00112
Segment Type: clause
Provision Reference: sch 1 cl 90YL
Character Range: 18472–20276

90YL  Part VIIIB superannuation agreements that become superannuation agreements for the purposes of this Part
 (1) Subsection (2) applies if:
 (a) 2 people (the couple) have made a superannuation agreement within the meaning of Part VIIIB (the Part VIIIB superannuation agreement) that is included in a Part VIIIAB financial agreement; and
 (b) at a later time after the commencement of this section (the transition time), the couple's circumstances change so that:
 (i) if the de facto relationship has not broken down—sections 90YZB and 90YZC would not prevent a court from making an order or declaration under this Part in relation to the de facto relationship if the de facto relationship were to break down; or
 (ii) if the de facto relationship has broken down—sections 90YZB and 90YZC do not prevent a court from making an order or declaration under this Part in relation to the de facto relationship; and
 (c) immediately before the transition time:
 (i) the Part VIIIB superannuation agreement was in force; and
 (ii) the couple were not married to each other; and
 (d) as at the transition time, the Part VIIIAB financial agreement is taken, under a law of Western Australia, to be a Western Australian financial agreement.
Paragraph (a) extends to agreements made before the commencement of this section, and to agreements made with one or more other people.
 (2) The Part VIIIB superannuation agreement is taken, from the transition time, to be a superannuation agreement within the meaning of this Part.
Note: Subsection (2) means that, from the transition time, the agreement has effect only in accordance with this Part.
 (3) This Part applies in relation to a superannuation agreement covered by subsection (2) with such modifications as are necessary.

Subdivision B—Payment splitting