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FAMILY LAW ACT 1975 - SECT 90MZB

Trustee to provide information

             (1)  An eligible person may make an application to the trustee of an eligible superannuation plan for information about a superannuation interest of a member of the plan.

             (2)  The application must be accompanied by:

                     (a)  a declaration, in the prescribed form, stating that the applicant requires the information for either or both of the following purposes:

                              (i)  to assist the applicant to properly negotiate a superannuation agreement;

                             (ii)  to assist the applicant in connection with the operation of this Part in relation to the applicant; and

                     (b)  the fee (if any) payable under regulations made for the purposes of section 90MY.

             (3)  If the trustee receives an application that complies with this section, the trustee must, in accordance with the regulations, provide information about the superannuation interest to the applicant.

Penalty:  50 penalty units.

Note:          The penalty for a body corporate is 250 penalty units. See subsection 4B(3) of the Crimes Act 1914 .

             (4)  Regulations for the purposes of subsection (3) may specify circumstances in which the trustee is not required to provide information.

Example:    The regulations might provide that a secondary government trustee is not required to provide information where there is another trustee of the eligible superannuation plan who is better able to provide the information.

             (5)  The trustee must not, in response to an application under this section by a spouse of the member, provide the spouse with any address of the member. For this purpose, address includes a postal address.

Penalty:  50 penalty units.

Note:          The penalty for a body corporate is 250 penalty units. See subsection 4B(3) of the Crimes Act 1914 .

             (6)  If the trustee receives an application under this section from a person other than the member, the trustee must not inform the member that the application has been received.

Penalty:  50 penalty units.

Note:          The penalty for a body corporate is 250 penalty units. See subsection 4B(3) of the Crimes Act 1914 .

             (7)  The regulations may require the trustee of an eligible superannuation plan, after the operative time for a payment split, to provide information to the non-member spouse about the superannuation interest concerned. Such regulations may prescribe penalties for contravention, not exceeding 10 penalty units.

             (8)  In this section:

"eligible person " , in relation to a superannuation interest of a member of an eligible superannuation plan, means:

                     (a)  the member; or

                    (aa)  if the member has died--the legal personal representative of the member; or

                     (b)  a spouse of the member; or

                   (ba)  if a spouse of the member has died--the legal personal representative of the spouse; or

                     (c)  a person who intends to enter into a superannuation agreement with the member.



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