Victorian Current Acts

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Application for a superannuation order

    (1)     If the authorised person is of the opinion that the relevant offence for which a court has convicted an offender

        (a)     involved an abuse by the person of his or her office as a public sector employee; or

        (b)     having regard to the powers and duties of his or her office as a public sector employee was committed for a purpose that involved corruption; or

        (c)     was committed for the purpose of perverting, or attempting to pervert, the course of justice—

the authorised person may apply to the court for the court to make a superannuation order.

    (2)     An application must be supported by a certificate given by the administrators of each relevant superannuation scheme specifying—

        (a)     the value of the total superannuation benefit as at the relevant date;

        (b)     the residual employer financed component as at the relevant date;

        (c)     the assumptions made and factors taken into account in determining the amounts referred to in paragraphs (a) and (b);

        (d)     whether or not the information provided is based on actuarial advice;

        (e)     whether the administrators of the superannuation scheme have been served with—

              (i)     a superannuation agreement which provides for a payment split; or

              (ii)     a flag lifting agreement which provides for a payment split; or

              (iii)     a splitting order—

under Part VIIIB of the Family Law Act 1975 of the Commonwealth and the non‑member spouse's entitlements in respect of the superannuation interest in the superannuation benefit of the offender have not been satisfied as at the relevant date.

    (3)     A certificate referred to in subsection (2) is for the purposes of this Part to be taken to be evidence of the information provided in the certificate.

S. 83F inserted by No. 65/2004 s. 3.

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