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COMMONWEALTHAct
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s 90XK

Operative time for payment flag

In force
Volume 2s 90AA-Endnotes
Part VIIIBSuperannuation interests
Division 2Payment splitting or flagging by agreement
Subdivision CPayment flagging

90XK Operative time for payment flag

(1)

The operative time for a payment flag under a superannuation agreement is:

(a)

the service time, if the eligible superannuation plan is a self‑managed superannuation fund; or

(b)

otherwise, the beginning of the fourth business day after the day on which the service time occurs.

(2)

In this section:

self‑managed superannuation fund has the same meaning as in the SIS Act.

service time means the time when 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 the parties are not divorced—a separation declaration with a declaration time that is not more than 28 days before the service on the trustee; and

(b)

if a form of declaration is prescribed for the purposes of this paragraph—a declaration in that form.

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