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FAMILY LAW ACT 1975 - SECT 90MD

Definitions

                   In this Part, unless the contrary intention appears:

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

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

Note:          If a spouse has died, the spouse's legal personal representative may sign a declaration (see subsection 90MP(2)).

"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 ;

                     (e)  a superannuation annuity (within the meaning of the Income Tax Assessment Act 1997 ).

"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 paragraph 90MLA(2)(c) as appropriate; 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 beneficiary" means a person who becomes entitled to a benefit in respect of a superannuation interest of a spouse, after the spouse dies.

"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" means:

                     (a)  a party to a marriage; or

                     (b)  a party to a de facto relationship.

"superannuation agreement" has the meaning given by sections 90MH and 90MHA.

"superannuation interest" means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest.

"trustee" , in relation to an eligible superannuation plan, means:

                     (a)  if the plan is a fund that has a trustee (within the ordinary meaning of that word)--the trustee of the plan; or

                     (b)  if paragraph (a) does not apply and a person is identified in accordance with the regulations as the trustee of the plan for the purposes of this definition--the person identified in accordance with the regulations; or

                     (c)  in any other case--the person who manages the plan.

"unflaggable interest" means a superannuation interest prescribed by the regulations for the purposes of this definition.

"unsplittable interest" means a superannuation interest prescribed by the regulations for the purposes of this definition.



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