Commonwealth Consolidated Regulations

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Payments prevented under Family Law Act 1975

                   If a trustee of a regulated superannuation fund or an approved deposit fund does not make a payment in accordance with the standard set out in subregulation 6.17(2) because the trustee is prevented from doing so:

                     (a)  under subsection 90ML(4) of the Family Law Act 1975 ; or

                     (b)  by an order made under subsection 90MU(1) of the Family Law Act 1975 ;

the trustee is not in breach of the standard.

Note:          Subsection 90ML(4) of the Family Law Act 1975 provides that while a payment flag is operating on a superannuation interest, the trustee must not make any splittable payment to any person in respect of the interest.  Subsection 90MU(1) of the Family Law Act 1975 provides that a court may make an order in relation to a superannuation interest directing the trustee not to make a splittable payment in respect of the interest without the leave of the court.

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