(1)

This regulation applies to a superannuation interest of a member spouse in:

(a)

an exempt public sector superannuation scheme; or

(b)

a superannuation fund within the meaning of the SIS Act that is not a regulated superannuation fund.

(2)

For these Regulations, the superannuation interest is taken to be in the growth phase at a particular date if, at that date:

(a)

a releasing event in relation to the member spouse has not occurred; or

(b)

a releasing event in relation to the member spouse has occurred, but no action has been taken by or for the member spouse under the governing rules of the plan to receive any benefit that the member spouse is entitled to be paid as a result of the occurrence of the releasing event; or

(c)

a releasing event in relation to the member spouse has occurred and a benefit (other than a benefit that is paid as a pension) has been paid to or for the benefit of the member spouse or, if the member spouse has died, to his or legal personal representative, but no action has been taken by or for the member spouse, or his or her legal personal representative, under the governing rules of the plan to receive any other benefit that the member spouse, or his or her estate, is entitled to be paid as a result of the occurrence of the releasing event.

(3) For this regulation, a releasing event is taken to have occurred in relation to a member spouse if:

(a)

in the case of a member spouse other than a member spouse to whom paragraph (b) applies:

(i)

the member spouse has retired; or

(ii)

the member spouse has died; or

(iii)

as a result of the member spouse's ill health (whether physical or mental), the member spouse has ceased to be gainfully employed (including if the member spouse has ceased temporarily to receive any gain or reward under a continuing arrangement for the member spouse to be gainfully employed); and

(b) in the case of a member spouse whose employer had contributed to the member spouse's eligible superannuation plan in relation to the member spouse:

(i)

the member spouse has ceased his or her employment with the employer; or

(ii)

any of the events mentioned in subparagraph (a) (i) to (iii) has occurred in relation to the member spouse.

(4) In paragraph (3) (b):

"employer" includes any associates, within the meaning of section 12 of the SIS Act, of the employer.