FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 14A Meaning of certain expressions for Division 2.2

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 14A

    For this Division:

  (a)   relevant condition of release , in relation to a superannuation interest, means:

  (i)   if the superannuation interest is in a regulated superannuation fund, an exempt public sector superannuation scheme--a condition of release mentioned in item   101, 102, 103 or 106 of Schedule   1 to the SIS Regulations; and

  (ii)   if the superannuation interest is in an approved deposit fund--a condition of release mentioned in item   201, 202, 203 or 206 of Schedule   1 to the SIS Regulations; and

  (iii)   if the superannuation interest is in an RSA--a condition of release mentioned in item   101, 102, 103 or 106 of Schedule   2 to the RSA Regulations; and

  (iv)   if the superannuation interest is in a superannuation annuity--a condition of release mentioned in item   201, 202, 203 or 206 of Schedule   1 to the SIS Regulations; and

  (b)   a non - member spouse satisfies a relevant condition of release if the event specified in the condition has occurred in relation to the non - member spouse; and

  (c)   in the application of item   101, 103, 201 or 203 of Schedule   1 to the SIS Regulations to a non - member spouse, a reference in:

  (i)   the definition of permanent incapacity in subregulation   6.01(2) of the SIS Regulations; and

  (ii)   subregulation   6.01(7) of the SIS Regulations;

    to a member is taken to be a reference to the non - member spouse; and

  (d)   in the application of item   101 or 103 of Schedule   2 to the RSA Regulations to a non - member spouse, a reference in:

  (i)   the definition of permanent incapacity in subregulation   4.01(2) of the RSA Regulations; and

  (ii)   subregulation   4.01(4) of the RSA Regulations;

    to an RSA holder is taken to be a reference to the non - member spouse.