Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The operative time for a payment split under a superannuation agreement or flag lifting agreement is the beginning of the fourth business day after the day on which a copy of the agreement is served on the trustee, accompanied by:
(a) if the parties are divorced--a copy of the divorce order that has terminated the marriage; and
(aa) if, in the case of a payment split under a superannuation agreement:
(i) the parties are not divorced; and
(ii) a separation declaration is not part of the superannuation agreement;
a separation declaration; and
(b) if the agreement specifies a method for calculating a base amount--a document setting out the amount calculated using that method; and
(c) if a form of declaration is prescribed for the purposes of this paragraph--a declaration in that form.
Note: The base amount is used to calculate the entitlement of the non - member spouse under the regulations.
(2) For the purposes of subsection (1), the separation declaration must have a declaration time that is not more than 28 days before the service on the trustee.