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FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 38 Approval of methods and factors for determining gross value of particular superannuation interests

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 38

Approval of methods and factors for determining gross value of particular superannuation interests

             (1)  The Minister may approve, in writing, for the purposes of this regulation, methods or factors that are to be used to determine the gross value of any of the following:

                     (a)  a superannuation interest the whole of which is a defined benefit interest;

                     (b)  a superannuation interest the whole of which is a partially vested accumulation interest;

                     (c)  a superannuation interest that is made up of a component that is a defined benefit interest and a component that is an accumulation interest (other than a partially vested accumulation interest);

                     (d)  a superannuation interest that is made up of a component that is a defined benefit interest and a component that is a partially vested accumulation interest;

                     (e)  a defined benefit interest the gross value of which is to be determined under regulation 35, 36 or 37.

             (2)  A method or factors approved by the Minister under subregulation (1) may relate to any of the following:

                     (a)  the gross value of a superannuation interest, or a component of a superannuation interest, in a particular eligible superannuation plan;

                     (b)  the gross value of a superannuation interest, or a component of a superannuation interest, in a particular category of superannuation interests in a particular eligible superannuation plan;

                     (c)  the gross value, in particular circumstances, of a superannuation interest or a component of a superannuation interest, or a superannuation interest or a component of a superannuation interest in a particular category of superannuation interests, in a particular eligible superannuation plan;

                     (d)  the gross value, in particular circumstances, of a particular component of a superannuation interest in a particular eligible superannuation plan.

             (3)  An approval by the Minister under subregulation (1) is a legislative instrument.

             (4)  An approval made under this regulation before the commencement of this subregulation has effect as if it had been made under this regulation as in force at the commencement of this subregulation.

Note:          If, under this regulation, the Minister approves a method or factors to be used to determine the gross value of a superannuation interest, the approved method or factors are to be used to determine the gross value of the interest instead of the method set out in these Regulations.