Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part, unless the contrary intention appears:
"associate pension" means an associate pension under section 93DB.
"base amount" means:
(a) for a splitting agreement--the base amount specified in, or calculated under, the agreement; or
(b) for a splitting order--the amount allocated under subsection 90XT(4) or 90YY(5) (as the case may be) of the Family Law Act 1975 .
"family law value" means:
(a) in relation to a superannuation interest within the meaning of Part VIIIB of the Family Law Act 1975 --the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90XT(2)(a) of that Act; or
(b) in relation to a superannuation interest within the meaning of Part VIIIC of the Family Law Act 1975 --the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90YY(2)(a) of that Act.
In applying regulations referred to in paragraph (a) or (b), the relevant date is taken to be the date on which the operative time occurs.
Note: This amount is determined by applying those regulations, whether or not an order has been made under subsection 90XT(1) or 90YY(1) (as the case may be) of the Family Law Act 1975 .
"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 .
"non-standard pension" means a pension under this Act other than a standard pension.
"operative time" means:
(a) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Part VIIIB of the Family Law Act 1975 or for a splitting order within the meaning of that Part--the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order; or
(b) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Part VIIIC of the Family Law Act 1975 or for a splitting order within the meaning of that Part--the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.
"Orders" means Orders under section 93DE.
"original interest" means a superannuation interest to which section 93DB applies.
"payment split" means a payment split 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.
"splitting order" means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .
"splitting percentage" means:
(a) for a splitting agreement--the percentage specified in the agreement under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) (as the case may be) of the Family Law Act 1975 ; or
(b) for a splitting order--the percentage specified in the order under subparagraph 90XT(1)(b)(i) or 90YY(1)(b)(i) (as the case may be) of the Family Law Act 1975 .
"standard pension" means any of the following:
(a) a pension under section 37 or 38;
(b) a pension under section 46, section 47 (other than subsection (4)), section 48AA or section 48AB (other than in relation to subsection 47(4) or section 48);
(c) a benefit under subsection 48C(3) that consists of regular payments;
(d) an associate pension.
"superannuation interest" means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975 .
"transfer amount" means:
(a) if a splitting percentage applies--the amount calculated by multiplying the splitting percentage by the family law value; or
(b) otherwise--the base amount.