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CRIMES (SUPERANNUATION BENEFITS) ACT 1989 - SECT 22

Superannuation orders: variation

  (1)   If a superannuation order made in respect of a person:

  (a)   specifies an amount under subsection   19(3) or (4); and

  (b)   takes effect on a day that is later than the day on which the order is made;

the DPP may, as soon as practicable after the order takes effect, apply to the court that made the order to vary the order by substituting for the specified amount an increased amount, having regard to any amount of employer contributions or benefits paid by the Commonwealth or a Commonwealth authority in respect of the person during the prescribed period.

  (2)   Where the DPP makes an application, the court must vary the superannuation order accordingly and, for the purposes of working out the increased amount to be specified in the superannuation order, as varied, subsections   19(3), (4) and (5) apply as if references in subsections   19(3) and (4) to the day on which the order is made were references to the day on which the variation is made.

  (3)   In this section:

"prescribed period" means the period starting on the day on which the superannuation order is made and ending on the day on which the variation is made.



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