Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) Subject to subregulation (2), for the definition of percentage‑only interest in section 90MD of the Act, each of the following superannuation interests is prescribed:
(a) a superannuation interest in the Judges' Pensions Act Scheme;
(b) a superannuation interest in the scheme constituted by the Judges' Pensions Act 1953 (NSW);
(c) a superannuation interest to which regulation 9B applies;
(ca) a superannuation interest in the scheme constituted by the Judges (Pensions and Long Leave) Act 1957 (Qld);
(cb) a superannuation interest in the scheme constituted by the Governors (Salary and Pensions) Act 2003 (Qld);
(d) a superannuation interest in the scheme constituted by the Judges' Contributory Pensions Act 1968 (Tas);
(e) a superannuation interest in the Parliamentary Retiring Benefits Fund continued, under regulation 49 of the Retirement Benefits (Parliamentary Superannuation) Regulations 2002 (Tas), as a subfund of the Retirement Benefits Fund;
(f) a superannuation interest in a superannuation annuity.
(2) A superannuation interest mentioned in paragraph (1) (ca), (d) or (e) is not a percentage‑only interest if, immediately before the commencement day of the paragraph in which the interest is mentioned:
(a) either:
(i) the interest is covered by a superannuation agreement or a flag lifting agreement that is in force and provides for a payment split; or
(ii) the interest is an interest to which subsection 90MJ (5) of the Act applies; or
(b) the interest is covered by a splitting order; or
(c) the non‑member spouse has served a waiver notice on the trustee under section 90MZA of the Act in respect of the interest.
(3) Subregulation (2) applies only in relation to the agreement, order or notice.
(4) In subregulation (2):
"commencement day" , for a paragraph in which a superannuation interest is mentioned, means:
(a) for paragraph (1) (ca) -- the day on which that paragraph commenced; and
(b) for paragraphs (1) (d) and (e) -- 2 May 2003.