Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 90YG

  (1)   Each of the following payments in respect of a superannuation interest of a party to a de facto relationship is a splittable payment :

  (a)   a payment to the party;

  (b)   a payment to another person for the benefit of the party;

  (c)   a payment to the legal personal representative of the party, after the death of the party;

  (d)   a payment to a reversionary beneficiary, after the death of the party;

  (e)   a payment to the legal personal representative of a reversionary beneficiary covered by paragraph   (d), after the death of the reversionary beneficiary.

  (2)   A payment is not a splittable payment if it is prescribed by the regulations for the purposes of this subsection. The regulations may prescribe a payment either:

  (a)   generally (that is, for the purposes of all payment splits in respect of a superannuation interest); or

  (b)   only for the purposes of applying this Part to a particular payment split in respect of a superannuation interest.

  (3)   If a payment is made to another person for the benefit of 2 or more persons who include the party to the de facto relationship, then the payment is nevertheless a splittable payment, to the extent to which it is paid for the benefit of the party.