Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part:
"approved deposit fund" has the same meaning as in the SIS Act.
"declaration time" , in relation to a separation declaration, means the time when the declaration was signed by a party to the de facto relationship (or last signed by a party, if both parties have signed).
Note: If a party has died, the party's legal personal representative may sign a declaration (see subsection 90YU(2)).
"eligible superannuation plan" means any of the following:
(a) a superannuation fund within the meaning of the SIS Act;
(b) an approved deposit fund;
(c) an RSA;
(d) an account within the meaning of the Small Superannuation Accounts Act 1995 ;
(e) a superannuation annuity (within the meaning of the Income Tax Assessment Act 1997 ).
"flagging order" means an order mentioned in subsection 90YZ(1).
"flag lifting agreement" has the meaning given by section 90YS.
"in force" , in relation to a superannuation agreement or flag lifting agreement, has the meaning given by section 90YI.
"interest" includes a prospective or contingent interest, and also includes an expectancy.
"member" , in relation to an eligible superannuation plan, includes a beneficiary (including a contingent or prospective beneficiary).
"member spouse" , in relation to a superannuation interest, means the party to the de facto relationship who has the superannuation interest.
"non-member spouse" , in relation to a superannuation interest, means the party to the de facto relationship who is not the member spouse in relation to that interest.
"operative time" :
(a) in relation to a payment split under a superannuation agreement or flag lifting agreement--has the meaning given by section 90YM; or
(b) in relation to a payment flag under a superannuation agreement--has the meaning given by section 90YO or paragraph 90YQ(2)(c) as appropriate; or
(c) in relation to a payment split under a court order--means the time specified in the order.
"payment flag" means:
(a) the application of section 90YP in relation to a superannuation interest; or
(b) the application of a flagging order in relation to a superannuation interest.
"payment split" means:
(a) the application of section 90YN in relation to a splittable payment; or
(b) the application of a splitting order in relation to a splittable payment.
"percentage-only interest" means a superannuation interest prescribed by the regulations for the purposes of this definition.
"regulated superannuation fund" has the same meaning as in the SIS Act.
"reversionary beneficiary" means a person who becomes entitled to a benefit in respect of a superannuation interest of a party to a de facto relationship, after the party dies.
"reversionary interest" has the meaning given by section 90YH.
"RSA" means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 .
"secondary government trustee" means a trustee that:
(a) is the Commonwealth, a State or a Territory; and
(b) is a trustee only because of the operation of section 90YF.
"separation declaration" has the meaning given by section 90YU.
"SIS Act" means the Superannuation Industry (Supervision) Act 1993 .
"splittable payment" has the meaning given by section 90YG.
"splitting order" means an order mentioned in subsection 90YY(1).
"superannuation agreement" has the meaning given by section 90YK.
Note: See also subsection 90YL(2).
"superannuation interest" means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest.
"trustee" , in relation to an eligible superannuation plan, means:
(a) if the plan is a fund that has a trustee (within the ordinary meaning of that word)--the trustee of the plan; or
(b) if paragraph (a) does not apply and a person is identified in accordance with the regulations as the trustee of the plan for the purposes of this definition--the person identified in accordance with the regulations; or
(c) in any other case--the person who manages the plan.
"unflaggable interest" means a superannuation interest prescribed by the regulations for the purposes of this definition.
"unsplittable interest" means a superannuation interest prescribed by the regulations for the purposes of this definition.
"Western Australian financial agreement" means an agreement that is a financial agreement within the meaning of Part 5A of the Family Court Act 1997 (WA).
"Western Australian Rules of Court" means rules made under section 244 of the Family Court Act 1997 (WA) as in force from time to time.