Superannuation (Portability) Act 1989

The administrators may charge reasonable fees in respect of—

a payment split;

a payment flag;

flag lifting under a flag lifting agreement that does not provide for a payment split;

an order under section 90MM of the Commonwealth Family Law Act 1975 terminating the operation of a payment flag;

an application under section 90MZB of the Commonwealth Family Law Act 1975 for information about a superannuation interest;

any other thing done by the Board in relation to a superannuation interest covered by a superannuation agreement, flag lifting agreement or splitting order;

the provision of information under section 9AC.

Fees charged under subsection (1) must not exceed the maximum levels of fees fixed by the Minister for the purposes of this section by notice published in the Government Gazette.

If the administrators charge a fee under subsection (1), the fee is payable—

unless paragraph (b) applies, in the case of subsection (1)(a), (1)(b), (1)(c), (1)(d) or (1)(f), by the member spouse and the non‑member spouse in equal parts; or

if the fee is in respect of a payment split under which the non-member spouse is entitled to be paid the whole of the amount of each splittable payment that becomes payable, by the non-member spouse; or

in the case of subsection (1)(e) or (1)(g), by the person who made the application.