Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 59

Fees payable to trustee (Act s 90MY)

         (1)   The trustee of an eligible superannuation plan may charge reasonable fees in respect of any of the following:

                (a)    a payment split;

               (b)    a payment flag;

                (c)    flag lifting under a flag lifting agreement that does not provide for a payment split;

               (d)    an order under section 90MM of the Act terminating the operation of a payment flag;

                (e)    an application under section 90MZB of the Act for information about a superannuation interest;

                (f)    any other thing done by the trustee in relation to a superannuation interest covered by a superannuation agreement, flag lifting agreement or splitting order.

         (2)   A fee payable in respect of a matter mentioned in paragraph (1) (a), (b), (c), (d) or (f) is payable:

                (a)    subject to paragraph (b), by the member spouse and the non‑member spouse in equal parts; or

               (b)    if the fee is in respect of a payment split under which the non‑member spouse is entitled to be paid the whole of the amount of each splittable payment that becomes payable -- by the non‑member spouse.

         (3)   A fee payable in respect of an application mentioned in paragraph (1) (e) is payable by the person who makes the application.



[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]