Commonwealth Coat of Arms of Australia

 

Family Law (Superannuation) Legislation Amendment (2026 Measures No. 1) Instrument 2026

I, Michelle Rowland, AttorneyGeneral, make the following instrument.

Dated 7 January 2026

Michelle Rowland

AttorneyGeneral

 

 

 

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2025

Schedule 2—Repeals

Family Law (Superannuation) (Provision of Information — Victorian Racing Industry Superannuation Fund) Determination 2004

 

  This instrument is the Family Law (Superannuation) Legislation Amendment (2026 Measures No. 1) Instrument 2026.

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

10 January 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

  This instrument is made under subsection 62(1) of the Family Law (Superannuation) Regulations 2025.

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

1  Schedule 9

Repeal the Schedule, substitute:

(sections 5 and 6)

 

  In this Part:

Northern Territory Government and Public Authorities’ Superannuation Scheme means the scheme established by Part 3 of the Superannuation Act 1986 (NT).

  For an interest that is in the growth phase in the Northern Territory Government and Public Authorities’ Superannuation Scheme, the approved method for section 5 of this instrument is that the gross value of the superannuation interest on a date is equal to the value of the benefits (before any taxes or other charges have been deducted) that would have been payable in respect of the interest if the member spouse had voluntarily ceased to be a member of the Scheme on that date.

 

  In this Part:

Northern Territory Supplementary Superannuation Scheme means the scheme established by an instrument made by the Treasurer of the Northern Territory on 4 January 1989.

  For an interest that is in the growth phase in the Northern Territory Supplementary Superannuation Scheme, the approved method for section 5 of this instrument is that the gross value of the superannuation interest on a date is equal to the value of the benefits (before any taxes or other charges have been deducted) that would have been payable in respect of the interest if the member spouse had voluntarily ceased to be a member of the Scheme on that date.

2  Part 30 of Schedule 10

Repeal the Part, substitute:

 

  In this Part:

Ford Employees Superannuation Plan means the plan of that name established in the Mercer Corporate Superannuation Division of the Mercer Super Trust in accordance with an agreement dated 23 December 2008 between Mercer Investment Nominees Limited (now Mercer Superannuation (Australia) Limited) and Ford Motor Company of Australia Limited.

Ford Management Superannuation Plan means the plan of that name established in the Mercer Corporate Superannuation Division of the Mercer Super Trust in accordance with an agreement dated 23 December 2008 between Mercer Investment Nominees Limited (now Mercer Superannuation (Australia) Limited) and Ford Motor Company of Australia Limited.

Mercer Super Trust means the trust of that name established by Deed dated 28 June 1995.

  For an interest that is in the growth phase in the Ford Employees Superannuation Plan or the Ford Management Superannuation Plan mentioned in an item in the following table, the method or factor mentioned in the item is approved for section 5 of this instrument.

 

Item

Interest in the growth phase

Method or factor

1

An interest that a person has as a member of the Ford Employees Superannuation Plan.

The method in subclause 35(2) of Schedule 3 to the Regulations, but as if:

(a) the reference in that subclause to 25% were a reference to 75%; and

(b) the reference in that subclause to 75% were a reference to 25%.

2

An interest that a person has as a member of the Ford Management Superannuation Plan.

The method in subclause 35(2) of Schedule 3 to the Regulations, but as if:

(a) the reference in that subclause to 25% were a reference to 75%; and

(b) the reference in that subclause to 75% were a reference to 25%.

3  Part 35 of Schedule 10 (heading)

Omit “Fund”, substitute “Plan”.

4  Clause 1 of Part 35 of Schedule 10

Repeal the clause, substitute:

  In this Part:

GlaxoSmithKline Superannuation Plan means the plan established in the Mercer Corporate Superannuation Division of the Mercer Super Trust in accordance with the Participation Agreement.

Mercer Super Trust means the trust of that name established by Deed dated 28 June 1995.

Merged Glaxo Member has the meaning given by the Annexure to the Participation Agreement.

Participation Agreement means the agreement dated 30 June 2008 between Mercer Investment Nominees Limited (now Mercer Superannuation (Australia) Limited) and GlaxoSmithKline Australia Pty Ltd, as in force on 1 January 2014.

5  Clause 2 of Part 35 of Schedule 10 (heading)

Omit “Fund”, substitute “Plan”.

6  Clause 2 of Part 35 of Schedule 10

Omit “Fund mentioned”, substitute “Plan mentioned”.

7  Clause 2 of Part 35 of Schedule 10 (table item 1, column headed “Interest in the growth phase”)

Omit “Part 5 Member of the GlaxoSmithKline Superannuation Fund”, substitute “Merged Glaxo Member of the GlaxoSmithKline Superannuation Plan”.

8  Clause 2 of Part 35 of Schedule 10 (table item 1, column headed “Method or factor”)

Omit “Schedule 3 of the 2001 Regulations”, substitute “Schedule 4 to the Regulations”.

9  Parts 40, 90 and 110 of Schedule 10

Repeal the Parts.

10  Part 115 of Schedule 10 (heading)

Omit “Fund”, substitute “Plan”.

11  Clause 1 of Part 115 of Schedule 10

Repeal the clause, substitute:

  In this Part:

Executive Member has the meaning given by the Annexure to the Participation Agreement.

Mercer Super Trust means the trust of that name established by Deed dated 28 June 1995.

Participation Agreement means the agreement dated 1 December 2003 between Mercer Investment Nominees Limited (now Mercer Superannuation (Australia) Limited) and Woodside Petroleum Limited (now Woodside Energy Group Limited), as in force on 20 October 2022.

Staff Member has the meaning given by the Annexure to the Participation Agreement.

Woodside Superannuation Plan means the plan established in the Mercer Corporate Superannuation Division of the Mercer Super Trust in accordance with the Participation Agreement.

12  Clause 2 of Part 115 of Schedule 10 (heading)

Omit “Fund”, substitute “Plan”.

13  Clause 2 of Part 115 of Schedule 10

Omit “Fund mentioned”, substitute “Plan mentioned”.

14  Clause 2 of Part 115 of Schedule 10 (table item 1, column headed “Interest in the growth phase”)

Omit all of the words after “person has”, substitute “as an Executive Member or Staff Member of the Woodside Superannuation Plan”.

15  Clause 2 of Part 115 of Schedule 10 (table item 1, column headed “Method or factor”)

Omit “Schedule 2 to the 2001 Regulations”, substitute “Schedule 3 to the Regulations”.

1  The whole of the instrument

Repeal the instrument.