Superannuation (Resolution of Complaints) Amendment Regulations 2005 (No. 2)1
Select Legislative Instrument 2005 No. 337
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation (Resolution of Complaints) Act 1993.
Dated 15 December 2005
P. M. JEFFERY
Governor-General
By His Excellency’s Command
CHRIS PEARCE
1 Name of Regulations
These Regulations are the Superannuation (Resolution of Complaints) Amendment Regulations 2005 (No. 2).
2 Commencement
These Regulations commence on the day after they are registered.
3 Amendment of Superannuation (Resolution of Complaints) Regulations 1994
Schedule 1 amends the Superannuation (Resolution of Complaints) Regulations 1994.
Schedule 1 Amendment
(regulation 3)
[1] After regulation 4A
insert
4B Persons to be treated as beneficiaries, members etc (Act s 4B)
(1) For subsection 4B (1) of the Act, the following persons are to be treated as members of regulated superannuation funds for the purposes of paragraph 14 (1) (a) and subparagraph 15 (1) (b) (i) of the Act:
(a) a non-member spouse in relation to whom a splitting order under the Family Law Act 1975 has been made, from the day on which a copy of the order is served on the trustee;
(b) a non-member spouse who is a party to a superannuation agreement under the Family Law Act 1975, from the day on which a copy of the agreement is served on the trustee;
(c) a party to a marriage in relation to which an order of a kind referred to in Part VIIIAA of the Family Law Act 1975 has been made, if the order relates to a superannuation interest;
(d) an eligible person within the meaning of section 90MZB of the Family Law Act 1975.
(2) For subsection 4B (1) of the Act, the following persons are to be treated as beneficiaries of approved deposit funds for the purposes of paragraph 14 (1) (b) and subparagraph 15 (1) (b) (ii) of the Act:
(a) a non-member spouse in relation to whom a splitting order under the Family Law Act 1975 has been made, from the day on which a copy of the order is served on the trustee;
(b) a non-member spouse who is a party to a superannuation agreement under the Family Law Act 1975, from the day on which a copy of the agreement is served on the trustee;
(c) a party to a marriage in relation to which an order of a kind referred to in Part VIIIAA of the Family Law Act 1975 has been made, if the order relates to a superannuation interest;
(d) an eligible person within the meaning of section 90MZB of the Family Law Act 1975.
(3) For subsection 4B (1) of the Act, the following persons are to be treated as holders of RSAs for the purposes of subsection 15F (1) and paragraph 15G (1) (b) of the Act:
(a) a non-member spouse in relation to whom a splitting order under the Family Law Act 1975 has been made, from the day on which a copy of the order is served on the trustee;
(b) a non-member spouse who is a party to a superannuation agreement under the Family Law Act 1975, from the day on which a copy of the agreement is served on the trustee;
(c) a party to a marriage in relation to which an order of a kind referred to in Part VIIIAA of the Family Law Act 1975 has been made, if the order relates to a superannuation interest;
(d) an eligible person within the meaning of section 90MZB of the Family Law Act 1975.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.