Federal Register of Legislation - Australian Government

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Determinations/Superannuation as made
This Determination provides for the matters which the trustee of the Military Superannuation and Benefits Scheme is required to provide information under the family law and superannuation reforms.
Administered by: Attorney-General's
General Comments: This determination was made on 23 May 2005. The authoritative version of this determination will shortly be rectified under s 23 of the Legislative Instruments Act 2003 to reflect this date.
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 42
Registered 25 May 2005
Tabling HistoryDate
Tabled HR31-May-2005
Tabled Senate14-Jun-2005
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

I, PHILIP MAXWELL RUDDOCK, Attorney-General, make this Determination under subregulations 64 (7) and (7B) of the Family Law (Superannuation) Regulations 2001.

Dated 23 May 2005

PHILIP RUDDOCK

 


1              Name of Determination

                This Determination is the Family Law (Superannuation) (Provision of Information — Military Superannuation and Benefits Scheme) Amendment Determination 2005 (No. 1).

2              Commencement

                This Determination commences on the day after it is registered.

3              Amendment of Family Law (Superannuation) (Provision of Information — Military Superannuation and Benefits Scheme) Determination 2004

                Schedule 1 amends the Family Law (Superannuation) (Provision of Information — Military Superannuation and Benefits Scheme) Determination 2004.


Schedule 1        Amendments

(section 3)

  

[1]           Section 3

omit

In this Determination:

insert

         (1)   In this Determination:

[2]           Section 3, after definition of officer

insert

payment phase table means the table in clause 3 of Part 4 of Schedule 1 to the Methods and Factors Approval.

[3]           Section 3

insert

         (2)   For this Determination, a reference to ‘the relevant date’ in the definition of a factor in the Methods and Factors Approval mentioned in column 4 of an item of the table in section 5 or 6 is to be read as if it were a reference to ‘the appropriate date’.

[4]           Section 5, table, item 1, column 3

omit

paragraphs 64 (4) (a) to (i)

insert

paragraphs 64 (4A) (a) to (c)

[5]           After section 5

insert

6              Provision of information by trustee — payment phase interests

                In relation to a superannuation interest mentioned in an item in the following table:

                (a)    for paragraph 64 (7B) (a) of the Regulations, the trustee of the MSBS is not required to provide the information about the interest mentioned in column 3 of the item; and

               (b)    for paragraph 64 (7B) (b) of the Regulations, the trustee of the MSBS must provide the information about the interest mentioned in column 4 of the item.

 

Item

Superannuation interest

Information not required to be provided

Information that must be provided

1

An interest mentioned in item 1 of the payment phase table

The information mentioned in paragraph 64 (3) (b) of the Regulations

The information mentioned in the definition of P in item 1 of the payment phase table

The following information in relation to the person who has the interest:

   (a)  the person’s date of birth;

   (b)  the type of pension to which the person is entitled;

   (c)  the annual amount (if any) of the person’s pension that is payable, in accordance with the Rules, in respect of 1 or more eligible children

2

An interest mentioned in item 2 of the payment phase table

The information mentioned in subparagraphs 64 (3) (b) (ii), (iii), (iv) and (v) of the Regulations

The date of birth of the person who has the interest