Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 90MO

Limitation on section 79 or 90SM order

             (1)  A court cannot make an order under section 79 or 90SM with respect to a superannuation interest if:

                     (a)  the superannuation interest is covered by a superannuation agreement that is in force; or

                     (b)  the non-member spouse has served a waiver notice on the trustee under section 90MZA in respect of the interest; or

                     (c)  a payment flag is operating on the superannuation interest.

Note:          Under section 90MM, the court can terminate the operation of a payment flag in certain circumstances.

             (2)  Subsection (1) does not prevent the court taking superannuation interests into account when making an order with respect to other property of the spouses.



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