Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Without limiting subsection 5(1), amendments under that subsection:
(a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:
(i) the non - member spouse is entitled to benefits determined in accordance with the Rules; and
(ii) the benefits of the member spouse are reduced in accordance with the Rules; and
(b) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under:
(i) section 52 of the Defence Act 190 3; or
(ii) the Defence Force Retirement and Death Benefits Act 1973 ;
the non - member spouse is entitled to benefits determined in accordance with the Rules; and
(c) may make any other provision that is related to, or consequential on, provisions referred to in paragraph (a) or (b).
(2) Subparagraph (1)(b)(ii) does not apply in a case covered by subsection 49B(2) of the Defence Force Retirement and Death Benefits Act 1973 .
(3) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to amendments referred to in subsection (1) of this section.
(4) In this section:
"member spouse" means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .
"non-member spouse" means a non - member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .
"splitting agreement" means:
(a) a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 ); or
(b) a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 ) that provides for a payment split (within the meaning of that Part).
"splitting order" means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .
"superannuation interest" means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .