Superannuation (Family Law—Superannuation Act 1922) Orders 2004
Statutory Rules No. 85, 2004
made under subsection 93DE(1) of the
Superannuation Act 1922
Compilation No. 1
Compilation date: 20 June 2025
Includes amendments: F2025L00705
About this compilation
This compilation
This is a compilation of the Superannuation (Family Law—Superannuation Act 1922) Orders 2004 that shows the text of the law as amended and in force on 20 June 2025 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Orders
3 Definitions
4 Annual rate of associate pension for non‑member spouse
5 Commutation of small associate pension—minimum amount
6 Reduction of standard pension
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Orders
These Orders are the Superannuation (Family Law—Superannuation Act 1922) Orders 2004.
3 Definitions
(1) In these Orders:
Act means the Superannuation Act 1922.
FLS Regulations means the Family Law (Superannuation) Regulations 2025.
(2) An expression that is used in these Orders, and defined in section 93DA of the Act, has the meaning given by that section.
Note: Section 93DA of the Act defines expressions including non‑member spouse, operative time and transfer amount. Some expressions are defined in section 93DA to have the same meaning as in the Family Law Act 1975.
4 Annual rate of associate pension for non‑member spouse
For subsection 93DB(2) of the Act, the annual rate of associate pension payable to a non‑member spouse to whom that subsection relates is calculated as follows:
Step 1 | Identify the transfer amount in relation to the non‑member spouse. Note: Subsection 93DB(2) of the Act requires the rate of associate pension to be calculated by reference to the transfer amount. |
Step 2 | Identify a factor for the non‑member spouse that is equal to the value Py+m specified in clause 3 of Schedule 5 to the FLS Regulations. Note: The associate pension payable to a non‑member spouse does not include a reversionary component. |
Step 3 | Divide the transfer amount by the factor worked out in step 2. The result is the annual rate of the associate pension. |
5 Commutation of small associate pension—minimum amount
(1) For subsection 93DC(1) of the Act, the amount is $1 300.
(2) The amount is to be indexed in the same way, and at the same time, as a standard pension is indexed under Part XI of the Act.
6 Reduction of standard pension
For subsection 93DD(1) of the Act, the amount to which an annual rate of standard pension payable in respect of an original interest is to be reduced is calculated as follows:
Step 1 | Identify the annual rate of standard pension that was payable in relation to the member spouse immediately before the operative time. |
Step 2 | If that annual rate of standard pension takes account of the existence of 1 or more eligible children, deduct the part of the annual rate that takes account of the existence of the eligible children. |
Step 3A | If the standard pension payable in relation to the member spouse is a spouse pension or an associate pension, identify a factor for the member spouse that is equal to the value Py+m specified in clause 3 of Schedule 5 to the FLS Regulations, calculated immediately before the operative time. |
Step 3B | If step 3A does not apply, identify a factor for the member spouse that is equal to the value (Py+m + (r Ry+m)) specified in clause 3 of Schedule 5 to the FLS Regulations, calculated immediately before the operative time. |
Step 4 | Multiply the annual rate of standard pension (or the rate worked out under step 2, if applicable) by the factor worked out in step 3A or 3B. |
Step 5 | Identify the transfer amount in relation to the non‑member spouse and subtract it from the amount worked out in step 4. |
Step 6 | Divide the amount worked out in step 5 by the factor worked out in step 3A or 3B. |
Step 7 | If step 2 applies, increase the rate worked out in step 6 by the part of the rate that was deducted under step 2. The result is the annual rate of the standard pension payable after the operative time in respect of the original interest. |
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 | Registration or gazettal | Commencement | Application, saving and transitional provisions |
Superannuation (Family Law—Superannuation Act 1922) Orders 2004 (SR No. 85, 2004) | 11 May 2004 | s 4–6: 18 May 2004 (s 2(b))
Remainder: 11 May 2004 (s 2(a)) | |
Superannuation Legislation Amendment (Family Law) Orders 2025 | 19 June 2025 (F2025L00705) | Sch 1 (items 4–6): 20 June 2025 (s 2(1) item 1) | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2..................... | rep LA s 48D |
s 3..................... | am F2025L00705 |
s 4..................... | am F2025L00705 |
s 6..................... | am F2025L00705 |