Commonwealth Consolidated Regulations

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FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 45

Meaning of base amount allocated to the non-member spouse

         (1)   For this Part, the base amount allocated to the non‑member spouse , in relation to a superannuation interest, is:

                (a)    in the case of an interest that is identified in a superannuation agreement or flag lifting agreement:

                          (i)    the base amount specified in the agreement in relation to the interest for the purposes of Part VIIIB of the Act, rounded, if necessary, in accordance with subregulation (2); or

                         (ii)    the base amount calculated in accordance with a method specified in the agreement, rounded, if necessary, in accordance with subregulation (2); and

               (b)    in the case of an interest in relation to which a splitting order applies -- the base amount allocated to the non‑member spouse by the court under subsection 90MT (4) of the Act, rounded, if necessary, in accordance with subregulation (2).

         (2)   For subregulation (1):

                (a)    a base amount that includes a part of a dollar that is less than 50 cents is to be rounded down to the nearest dollar; and

               (b)    a base amount that includes a part of a dollar that is 50 cents or more is to be rounded up to the nearest dollar.



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