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FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 64A Giving underlying valuation information--defined benefit interests

FAMILY LAW (SUPERANNUATION) REGULATIONS 2001 - REG 64A

Giving underlying valuation information--defined benefit interests

  (1)   In this regulation:

"underlying valuation information" means:

  (a)   in relation to the gross value of a superannuation interest at the appropriate date, determined in accordance with Schedule   2, being an interest to which paragraph   64(2)(e) applies--the information mentioned in paragraph   64(4)(a), (b), (c), (d), (da), (e), (f), (g), (h) or (i); or

  (b)   in relation to the gross value of a superannuation interest at the appropriate date, determined in accordance with Schedule   2, being an interest to which paragraph   64(2)(eaa) applies--the information mentioned in paragraph   64(4A)(a), (b) or (c); or

  (c)   in relation to the gross value of a superannuation interest at the appropriate date, determined in accordance with a method or factors approved by the Minister under regulation   38:

  (i)   if a determination under subregulation   64(7), (7AA), (7A) or (7B) is in effect in relation to the interest--information required to be provided under the determination; or

  (ii)   in any other case--information that will enable the applicant to check whether the gross value of the interest has been correctly determined in accordance with the approved method or factors.

  (3)   If, on or after 1   July 2007, an application for information under section   90XZB or 90YZR of the Act specifically requested the trustee to provide the information mentioned in paragraph   64(3)(g) and the trustee, in response to that application:

  (a)   provided the gross value of the defined benefit interest at the appropriate date, determined in accordance with a method or factors approved by the Minister under regulation   43A; but

  (b)   has not provided sufficient information to enable the applicant to check whether that gross value of the interest has been correctly determined in accordance with the approved method or factors;

the applicant may make an application for specific underlying valuation information.

  (4)   If, on or after 1   July 2007, an application for information under section   90XZB or 90YZR of the Act specifically requested the trustee to provide the information mentioned in paragraph   64(4)(p) and the trustee, in response to that application:

  (a)   provided the gross value of the defined benefit interest at the appropriate date, determined in accordance with a method or factors approved by the Minister under regulation   38; but

  (b)   has not provided sufficient information to enable the applicant to check whether that gross value of the interest has been correctly determined in accordance with the approved method or factors;

the applicant may make an application for specific underlying valuation information.

  (5)   Subject to subregulation (6), the trustee must, within a reasonable time after receiving the later application, provide the underlying valuation information requested by the applicant in a document that is addressed to the applicant.

  (6)   The trustee is not required to provide to the applicant underlying valuation information of the kind mentioned in paragraph   64(4)(b) or (c) unless a record of that information is in the trustee's possession, power or control.

  (7)   Subregulation   68B(2) applies to information that is provided by the trustee to the applicant under this regulation.