Document ID: chunk:federal_register_of_legislation:C2004C01280:clause:1_90md:p1
Version: federal_register_of_legislation:C2004C01280
Segment Type: clause
Provision Reference: sch 1 cl 90MD (pt 1/2)
Character Range: 5586–8462

90MD  Definitions

  In this Part, unless the contrary intention appears:

approved deposit fund has the same meaning as in the SIS Act.

business day means any day except:
 (a) a Saturday or Sunday; or
 (b) a day that is a public holiday in the place concerned.

declaration time means the time when the declaration was signed by a spouse (or last signed by a spouse, if both spouses have signed).

eligible superannuation plan means any of the following:
 (a) a superannuation fund within the meaning of the SIS Act;
 (b) an approved deposit fund;
 (c) an RSA;
 (d) an account within the meaning of the Small Superannuation Accounts Act 1995.

flagging order means an order mentioned in subsection 90MU(1).

flag lifting agreement has the meaning given by section 90MN.

in force, in relation to an agreement, has the meaning given by section 90MG.

interest includes a prospective or contingent interest, and also includes an expectancy.

marriage includes a void marriage.

member, in relation to an eligible superannuation plan, includes a beneficiary (including a contingent or prospective beneficiary).

member spouse, in relation to a superannuation interest, means the spouse who has the superannuation interest.

non‑member spouse, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest.

operative time:
 (a) in relation to a payment split under a superannuation agreement or flag lifting agreement—has the meaning given by section 90MI; or
 (b) in relation to a payment flag under a superannuation agreement—has the meaning given by section 90MK; or
 (c) in relation to a payment split under a court order—means the time specified in the order.

payment flag means:
 (a) the application of section 90ML in relation to a superannuation interest; or
 (b) the application of a flagging order in relation to a superannuation interest.

payment split means:
 (a) the application of section 90MJ in relation to a splittable payment; or
 (b) the application of a splitting order in relation to a splittable payment.

percentage‑only interest means a superannuation interest prescribed by the regulations for the purposes of this definition.

regulated superannuation fund has the same meaning as in the SIS Act.

reversionary interest has the meaning given by section 90MF.

RSA means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997.

secondary government trustee means a trustee that:
 (a) is the Commonwealth, a State or Territory; and
 (b) is a trustee only because of the operation of section 90MDA.

separation declaration has the meaning given by section 90MP.

SIS Act means the Superannuation Industry (Supervision) Act 1993.

splittable payment has the meaning given by section 90ME.

splitting order means an order mentioned in subsection 90MT(1).

spouse