Terms used
219A Terms used
In this Part —
ex‑spouse, in relation to a Member in relation to whose superannuation interest a splitting instrument has been served on the Board, means the other party to the marriage in relation to which the splitting instrument was made;
splitting instrument means —
a splitting order; or
a superannuation agreement that provides for a payment split; or
a flag lifting agreement that provides for a payment split;
superannuation interest means a superannuation interest (as defined in the Family Law Act section 90XD) in a scheme under the Act other than an unsplittable interest.
In this Part the following terms each have the meaning given in the Family Law Act section 90XD —
flag lifting agreement;
subject to subregulation (3), operative time;
payment split;
splitting order;
superannuation agreement;
unsplittable interest.
If —
a splitting instrument is served on the Board before 1 February 2008; and
the time that would, but for this subregulation, be the operative time in relation to that splitting instrument is before 1 February 2008,
then the operative time in relation to that splitting instrument is 1 February 2008.
[Regulation 219A inserted: Gazette 18 Jan 2008 p. 150-1; amended: Gazette 8 Nov 2019 p. 4005; SL 2026/102 r. 23.]
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