Commonwealth Consolidated Regulations

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FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 29

Method for determining gross value--defined benefit interest

             (1)  If the whole of the superannuation interest is a defined benefit interest, the gross value at the relevant date of the interest is to be determined in accordance with this regulation.

             (2)  If:

                     (a)  under regulation 38, the Minister has approved a method or factors to be used to determine the gross value of the interest; and

                     (b)  evidence is before the court in the relevant proceeding of the contents of a statement issued by the trustee of the plan in which the interest is held, being a statement that states the gross value of the interest determined in accordance with the approved method or factors;

the gross value of the interest at the relevant date is the value of the interest stated in the statement.

             (3)  If:

                     (a)  the Minister has not approved, under regulation 38, a method or factors to be used to determine the gross value of the interest; and

                     (b)  evidence is before the court in the relevant proceeding of the contents of a statement issued by the trustee of the plan in which the interest is held, being a statement that states the value of the interest determined in accordance with the method set out in Schedule 2;

the gross value of the interest at the relevant date is the value of the interest stated in the statement.

             (4)  If no evidence is before the court in the relevant proceeding of the contents of a statement mentioned in paragraph (2)(b) or (3)(b), the gross value at the relevant date of the interest is to be determined using:

                     (a)  if, under regulation 38, the Minister has approved a method or factors to be used to determine the gross value of the interest--the approved method or factors; or

                     (b)  in any other case--the method set out in Schedule 2.



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