Federal Register of Legislation - Australian Government

Primary content

Determinations/Superannuation as amended, taking into account amendments up to Family Law Legislation Amendment (Superannuation Valuation and Information) Instrument 2022
Administered by: Attorney-General's
Registered 21 Jun 2022
Start Date 29 Apr 2022
Table of contents.

Commonwealth Coat of Arms of Australia

Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Determination 2003

made under subregulation 64(7AA) of the

Family Law (Superannuation) Regulations 2001

Compilation No. 2

Compilation date:                              29 April 2022

Includes amendments up to:            F2022L00431

Registered:                                         21 June 2022

About this compilation

This compilation

This is a compilation of the Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Determination 2003 that shows the text of the law as amended and in force on 29 April 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of Determination................................................................................................. 1

2A......... Authority....................................................................................................................... 1

3............ Definitions..................................................................................................................... 1

4............ Application of Determination........................................................................................ 1

5............ Information to be provided by trustee............................................................................ 1

Endnotes                                                                                                                                                                 3

Endnote 1—About the endnotes                                                                                                        3

Endnote 2—Abbreviation key                                                                                                            4

Endnote 3—Legislation history                                                                                                         5

Endnote 4—Amendment history                                                                                                       6

 


1  Name of Determination

                   This Determination is the Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Determination 2003.

2A  Authority

                   This Determination is made under subregulation 64(7AA) of the Family Law (Superannuation) Regulations 2001.

3  Definitions

                   In this Determination:

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

Rules means the rules set out in Division 4 of the trust deed.

SA Local Government Superannuation Fund means the Fund established by the Rules.

SA Local Government Superannuation Scheme means the scheme continued in existence by paragraph 2(1)(b) of Schedule 1 to the Local Government (Superannuation Scheme) Amendment Act 2008 of South Australia.

trust deed means the declaration of trust dated 8 February 1988, made by Host‑Plus Pty Ltd, as amended and in force on 29 April 2022.

4  Application of Determination

                   This Determination applies in relation to a superannuation interest in the SA Local Government Superannuation Scheme for which a method and factors have been approved under Part 2 of Schedule 6 to the Methods and Factors Approval.

5  Information to be provided by trustee

                   For the purposes of paragraph 64(7AA)(c) of the Family Law (Superannuation) Regulations 2001, the trustee of the SA Local Government Superannuation Scheme must provide the following information about the superannuation interest:

                     (a)  for an interest mentioned in item 1 of the table in clause 2 of Part 2 of Schedule 6 to the Methods and Factors Approval—the balance of the member’s accumulation benefit:

                              (i)  at the date when the application for information is received by the trustee; or

                             (ii)  if the application for information specifies that the information is required in relation to an earlier date—at that earlier date;

                     (b)  for an interest mentioned in item 2 of the table in clause 2 of Part 2 of Schedule 6 to the Methods and Factors Approval—the value of the benefit retained by the member spouse in the SA Local Government Superannuation Fund under rule 58 of Sub‑division C of the Rules:

                              (i)  at the date when the application for information is received by the trustee; or

                             (ii)  if the application for information specifies that the information is required in relation to an earlier date—at that earlier date.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Determination 2003 (F2003B00312)

25 Nov 2003 (gaz 2003, No S433)

25 Nov 2003 (s 2)

 

Family Law (Superannuation) (Provision of Information—SA Local Government Superannuation Scheme) Amendment Determination 2012 (No. 1)

29 June 2012 (F2012L01476)

1 July 2012 (s 2)

Family Law Legislation Amendment (Superannuation Valuation and Information) Instrument 2022

30 Mar 2022 (F2022L00431)

29 Apr 2022 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 2A..........................................

ad F2022L00431

s 3.............................................

am F2012L01476; F2022L00431

s 5.............................................

am F2012L01476; F2022L00431