s 90XO
In forceLimitation on section 79 or 90SM order
Volume 2s 90AA-Endnotes
Part VIIIBSuperannuation interests
Division 2Payment splitting or flagging by agreement
Subdivision DMiscellaneous
90XO Limitation on section 79 or 90SM order
(1)
A court cannot make an order under section 79 or 90SM with respect to a superannuation interest if:
(a)
the superannuation interest is covered by a superannuation agreement that is in force; or
(b)
the non‑member spouse has served a waiver notice on the trustee under section 90XZA in respect of the interest; or
(c)
a payment flag is operating on the superannuation interest.
Note:
Under section 90XM, the court can terminate the operation of a payment flag in certain circumstances.
(2)
Subsection (1) does not prevent the court taking superannuation interests into account when making an order with respect to other property of the spouses.
Research tools for this sectionPro
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.