Commonwealth Consolidated Regulations

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 23

         (1)   This regulation applies if:

                (a)    the splitting order is made under paragraph 90MT (1) (a) of the Act; and

               (b)    the superannuation interest in respect of which the order is made is not a small superannuation accounts interest.

         (2)   The amount that the non‑member spouse is entitled to be paid in respect of a splittable payment that becomes payable in respect of the superannuation interest is:

                (a)    if the interest is in the growth phase at the date of the splitting order -- the amount calculated in accordance with Division 6.2; and

               (b)    if the interest is in the payment phase at the date of the splitting order -- the amount calculated in accordance with Division 6.3.