Federal Register of Legislation - Australian Government

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Determinations/Superannuation as made
This Determination provides for the valuation information which trustees of particular Victorian pension schemes must provide, when requested by separated or divorcing spouses to do so under the superannuation splitting provisions of the Family Law Act 1975, in property settlements under that Act.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 06
Registered 01 May 2008
Tabling HistoryDate
Tabled HR13-May-2008
Tabled Senate13-May-2008

 

I, ROBERT McCLELLAND, Attorney‑General, make this Determination under subregulation 64 (7) of the Family Law (Superannuation) Regulations 2001.

Dated 28 April 2008

ROBERT McCLELLAND


  

  

1              Name of Determination

                This Determination is the Family Law (Superannuation) (Provision of Information — Victorian Pension Schemes) Determination 2008.

2              Commencement

                This Determination commences on the day after it is registered.

3              Definitions

                In this Determination:

eligible office has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.

Governor means a person appointed as Governor of the State of Victoria under section 6 of the Constitution Act 1975 (Vic).

judge of the County Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.

Judge of the Supreme Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.

master of the County Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.

Master of the Supreme Court has the meaning given by subclause 1 (1) of Part 7 of Schedule 3 to the Methods and Factors Approval.

Methods and Factors Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.

Regulations means the Family Law (Superannuation) Regulations 2001.

Victorian pension scheme means a scheme mentioned in column 2 of an item in the table in clause 2 of Part 7 of Schedule 3 to the Methods and Factors Approval.

4              Application of Determination

                This Determination applies in relation to an interest in a Victorian pension scheme for which a method has been approved under Part 7 of Schedule 3 to the Methods and Factors Approval.

5              Information not required to be provided by trustee

                For paragraph 64 (7) (a) of the Regulations, the trustee of a Victorian pension scheme is not required to provide the information mentioned in paragraphs 64 (4) (a), (b), (d), (da) and (e) to (i) of the Regulations about an interest in the scheme.

6              Information trustee must provide

         (1)   For paragraph 64 (7) (b) of the Regulations, the trustee of a Victorian pension scheme must provide the following information about an interest in the scheme:

                (a)    the information mentioned in the definition of each of the following factors in subclause 4 (1) of Part 7 of Schedule 3 to the Method and Factors Approval:

                          (i)    FLMR;

                         (ii)    S;

                         (iii)    QS;

               (b)    in relation to the person who holds the interest:

                          (i)    the person’s date of birth; and

                         (ii)    the date when the person first commenced service in the person’s eligible office; and

                         (iii)    if the person’s eligible office is Governor — the person’s age at the end of the period for which the person agreed to act as Governor; and

                        (iv)    if the person’s eligible office is Judge of the Supreme Court or Master of the Supreme Court — the date (if any) when the person first commenced service in a prior office that counts as service in the eligible office under subsection 83 (6) of the Constitution Act 1975 (Vic); and

                         (v)    if the person’s eligible office is judge of the County Court or master of the County Court — the date (if any) when the person first commenced service in a prior office that counts as service in the eligible office under subsection 14 (5) of the County Court Act 1958 (Vic); and

                        (vi)    if the requirements of Division 2.2 of the Regulations have been satisfied in respect of the entitlement of a spouse or former spouse of the person, being an entitlement arising under a superannuation agreement, a flag lifting agreement or a splitting order that applies to the interest — the date when those requirements were satisfied.

         (2)   For the purpose of providing the information mentioned in the definition of S for subparagraph (1) (a) (ii), a reference in the Methods and Factors Approval to ‘the relevant date’ is to be read as if it were a reference to ‘the appropriate date’.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.