Payments prevented under Family Law Act 1975
6.17AA Payments prevented under Family Law Act 1975
If a trustee of a regulated superannuation fund or an approved deposit fund does not make a payment in accordance with the standard set out in subregulation 6.17(2) because the trustee is prevented from doing so:
under subsection 90XL(4) or 90YP(4) of the Family Law Act 1975; or
by an order made under subsection 90XU(1) or 90YZ(1) of the Family Law Act 1975;
the trustee is not in breach of the standard.
Subsections 90XL(4) and 90YP(4) of the Family Law Act 1975 provide that while a payment flag is operating on a superannuation interest, the trustee must not make any splittable payment to any person in respect of the interest.
Subsections 90XU(1) and 90YZ(1) of the Family Law Act 1975 provide that a court may make an order in relation to a superannuation interest directing the trustee not to make a splittable payment in respect of the interest without the leave of the court.
This Act’s bill:Explanatory statement
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