Act to be administered so as to comply with Family Law Act provisions in relation to superannuation
16 Act to be administered so as to comply with Family Law Act provisions in relation to superannuation
(1) This section applies despite any other provision of this
Act.
This Act is to be administered in accordance with the provisions of the Family Law Act relating to superannuation.
Subject to the provisions of the Family Law Act relating to superannuation, this Act is to be administered in relation to a person in accordance with the provisions of a splitting instrument, if any, that applies in relation to the person.
The Treasurer may prepare written administrative instructions that are necessary or convenient to give effect to:
the provisions of the Family Law Act relating to superannuation;
splitting instruments; and
Acts of the Commonwealth relating to superannuation and regulations under those Acts.
Without limiting the generality of subsection (4), administrative instructions for the purposes of that subsection may include, but are not limited to, the following:
the methods of calculating and paying a superannuation interest to member spouses and non-member spouses, including calculations that may reduce the superannuation interest of a member spouse;
the establishing of interests and accounts, including accounts under the Superannuation Act 1986, for non-member spouses.
An administrative instruction prepared under subsection (4) takes effect on the date specified in the instruction.
If a provision of this Act or the administrative instructions made under this section is inconsistent with:
a provision of the Family Law Act relating to superannuation; or
a splitting instrument,
the provision of this Act or the administrative instructions is taken to have been complied with if the provision of the Family Law Act or a splitting instrument, as the case may be, has been complied with.
In this section:
Family Law Act means the Family Law Act 1975
(Cth) and includes regulations made under that Act.
member spouse, in relation to a superannuation interest, means the person who is the member spouse in relation to that interest under Part VIIIB of the Family Law Act.
non-member spouse, in relation to a superannuation interest, means the person who is the non-member spouse in relation to that interest under Part VIIIB of the Family Law Act.
splitting instrument means any of the following, within the meaning of Part VIIIB of the Family Law Act:
a superannuation agreement;
a flag lifting agreement that provides for a payment split;
a splitting order.
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