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FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 59 Fees payable to trustee (Act s 90XY, s 90YZO)

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 59

Fees payable to trustee (Act s 90XY, s 90YZO)

  (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   90XM or 90YR of the Act terminating the operation of a payment flag;

  (e)   an application under section   90XZB or 90YZR 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.