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PARLIAMENT OF VICTORIA
Courts Legislation (Judicial Pensions) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--ATTORNEY-GENERAL AND SOLICITOR-GENERAL
ACT 1972 3
3. New section 2A inserted 3
2A. Definitions 3
4. Amendment of sections 4 and 6 7
5. New sections 7 to 12 inserted 7
7. Accrued benefit multiple 7
8. Obligation on Minister 8
9. Reduction of benefit 11
10. Minister may provide additional information 12
11. Commutation rights not affected 12
12. Charging of fees 12
PART 3--CONSTITUTION ACT 1975 14
6. Amendment of section 5 14
7. Amendment of references to spouses 18
8. New sections 7K to 7P inserted 18
7K. Accrued benefit multiple 18
7L. Obligation on Minister 19
7M. Reduction of benefit 22
7N. Minister may provide additional information 22
7O. Commutation rights not affected 23
7P. Charging of fees 23
9. Amendment of references to spouses 24
10. New sections 83AJ to 83AO inserted 25
83AJ. Accrued benefit multiple 25
83AK. Obligation on Minister 25
83AL. Reduction of benefit 29
83AM. Minister may provide additional information 29
83AN. Commutation rights not affected 29
83AO. Charging of fees 29
i
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Clause Page
PART 4--COUNTY COURT ACT 1958 32
11. Amendment of section 3 32
12. Amendment of section 14 36
13. New sections 14AJ to 14AO inserted 37
14AJ. Accrued benefit multiple 37
14AK. Obligation on Minister 37
14AL. Reduction of benefit 40
14AM. Minister may provide additional information 41
14AN. Commutation rights not affected 41
14AO. Charging of fees 41
14. Amendment of references to spouses 43
15. New sections 17L to 17Q inserted 43
17L. Accrued benefit multiple 43
17M. Obligation on Minister 44
17N. Reduction of benefit 47
17O. Minister may provide additional information 47
17P. Commutation rights not affected 48
17Q. Charging of fees 48
PART 5--MAGISTRATES' COURT ACT 1989 50
16. Amendment of section 3 50
17. Amendment of section 10A 53
18. New sections 10B to 10G inserted 54
10B. Accrued benefit multiple 54
10C. Obligation on Minister 54
10D. Reduction of benefit 57
10E. Minister may provide additional information 58
10F. Commutation rights not affected 58
10G. Charging of fees 58
PART 6--PUBLIC PROSECUTIONS ACT 1994 60
19. Section 3 amended 60
20. Amendment of section 18 64
21. New sections 18A to 18F inserted 64
18A. Accrued benefit multiple 64
18B. Obligation on Minister 65
18C. Reduction of benefit 68
18D. Minister may provide additional information 68
18E. Commutation rights not affected 69
18F. Charging of fees 69
22. Amendment of section 35 70
ii
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Clause Page
23. New sections 35A to 35F inserted 71
35A. Accrued benefit multiple 71
35B. Obligation on Minister 71
35C. Reduction of benefit 74
35D. Minister may provide additional information 75
35E. Commutation rights not affected 75
35F. Charging of fees 75
PART 7--SUPREME COURT ACT 1986 77
24. Amendment of section 3 77
25. Amendment of references to spouses 81
26. New sections 104K to 104P inserted 82
104K. Accrued benefit multiple 82
104L. Obligation on Minister 82
104M. Reduction of benefit 85
104N. Minister may provide additional information 86
104O. Commutation rights not affected 86
104P. Charging of fees 86
ENDNOTES 88
iii
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Attorney-General and Solicitor-General Act 1972, the
Constitution Act 1975, the County Court Act 1958, the
Magistrates' Court Act 1989, the Public Prosecutions Act 1994 and
the Supreme Court Act 1986 and for other purposes.
Courts Legislation (Judicial Pensions)
Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Attorney-
General and Solicitor-General Act 1972, the
Constitution Act 1975, the County Court Act
5
1958, the Magistrates' Court Act 1989, the
1
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 1--Preliminary
s. 2
Public Prosecutions Act 1994 and the Supreme
Court Act 1986 with respect to pensions under
those Acts.
2. Commencement
This Act comes into operation on the day on
5
which it receives the Royal Assent.
__________________
2
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 2--Attorney-General and Solicitor-General Act 1972
s. 3
See:
PART 2--ATTORNEY-GENERAL AND SOLICITOR-
Act No.
GENERAL ACT 1972 8305.
Reprint No. 2
as at
3. New section 2A inserted 17 June 2003.
LawToday:
After section 2 of the Attorney-General and www.dms.
Solicitor-General Act 1972 insert--
5 dpc.vic.
gov.au
'2A. Definitions
(1) In this Act--
"approved deposit fund" has the meaning
given by section 10(1) of the
Commonwealth Superannuation
10
Industry (Supervision) Act 1993;
"domestic partner" of a person means a
person to whom the person is not
married but with whom, in the opinion
of the Minister, the person is, or was at
15
the time of the person's death, living as
a couple on a genuine domestic basis
(irrespective of gender);
"eligible rollover fund" means a fund
within the meaning of section 242 of
20
the Commonwealth Superannuation
Industry (Supervision) Act 1993;
"eligible superannuation plan" means--
(a) a regulated superannuation fund;
or
25
(b) an approved deposit fund; or
(c) an exempt public sector
superannuation scheme; or
(d) an RSA;
3
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 2--Attorney-General and Solicitor-General Act 1972
s. 3
"exempt public sector superannuation
scheme" means a public sector
superannuation scheme within the
meaning of section 10(1) of the
Commonwealth Superannuation
5
Industry (Supervision) Act 1993;
"flag lifting agreement" has the meaning
given by section 90MN of the
Commonwealth Family Law Act 1975;
"flagging order" means an order mentioned
10
in section 90MU(1) of the
Commonwealth Family Law Act 1975;
"interest" has the meaning given by
section 90MD of the Commonwealth
Family Law Act 1975;
15
"member" means the Solicitor-General;
"member spouse", in relation to a
superannuation interest, means the
spouse who has the superannuation
interest;
20
"non-member spouse", in relation to a
superannuation interest, means the
spouse who is not the member spouse
in relation to that interest;
"partner" of a person means--
25
(a) in relation to a person who
became entitled to benefits under
this Act before the
commencement of the Courts
Legislation (Judicial Pensions)
30
Act 2005--
(i) the person's husband, wife,
widower or widow; or
4
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 2--Attorney-General and Solicitor-General Act 1972
s. 3
(ii) a person of the opposite sex
who, though not married to
the person, in the opinion of
the Minister lives with the
person, or lived with the
5
person at the date of the
person's death, on a bona
fide domestic basis as the
person's husband or wife;
(b) in any other case--the person's
10
spouse or domestic partner;
"payment flag" has the meaning given by
section 90MD of the Commonwealth
Family Law Act 1975;
"regulated superannuation fund" means a
15
superannuation fund which complies
with section 19 of the Commonwealth
Superannuation Industry (Supervision)
Act 1993;
"relevant condition of release" means a
20
condition of release mentioned in
item 101, 102, 103 or 106 of
Schedule 1 to the Commonwealth
Superannuation Industry (Supervision)
Regulations 1994;
25
"reversionary interest" has the meaning
given by section 90MF of the
Commonwealth Family Law Act 1975;
"RSA" means a retirement savings account
within the meaning of the
30
Commonwealth Retirement Savings
Accounts Act 1997;
"specified period" means the period which
is specified to be the specified period in
the specified standards;
35
5
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 2--Attorney-General and Solicitor-General Act 1972
s. 3
"splitting order" means an order mentioned
in section 90MT of the Commonwealth
Family Law Act 1975;
"spouse" of a person means a person to
whom the person is, or was at the time
5
of the person's death, married;
"superannuation agreement" has the
meaning given by section 90MH of the
Commonwealth Family Law Act 1975;
"superannuation fund" has the same
10
meaning as in the Commonwealth
Superannuation Industry (Supervision)
Act 1993;
"superannuation interest" means an
interest that a person has as a member
15
of an eligible superannuation plan, but
does not include a reversionary interest;
"unsplittable interest" has the meaning
given by section 90MD of the
Commonwealth Family Law Act 1975;
20
"value at a particular time of the non-
member spouse's entitlement in
respect of the superannuation
interest" means the value as
determined in accordance with
25
regulation 14G(8) of the
Commonwealth Family Law
(Superannuation) Regulations 2001;
"value of the member spouse's interest in
the Fund" means the value as
30
determined in accordance with Part 5 of
the Commonwealth Family Law
(Superannuation) Regulations 2001.
6
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 2--Attorney-General and Solicitor-General Act 1972
s. 4
(2) For the purposes of the definition of
"domestic partner" in sub-section (1), in
determining whether persons are or were
domestic partners of each other, all the
circumstances of their relationship are to be
5
taken into account, including any one or
more of the matters referred to in section
275(2) of the Property Law Act 1958 as
may be relevant in a particular case.
(3) A reference to the transfer of an amount is to
10
be construed as including a reference to the
rollover of an amount.'.
4. Amendment of sections 4 and 6
(1) In section 4(3)(b) of the Attorney-General and
Solicitor-General Act 1972 after "his" (where
15
twice occurring) insert "or her".
(2) In section 6(1) of the Attorney-General and
Solicitor-General Act 1972 for "spouse" (where
twice occurring) substitute "partner".
5. New sections 7 to 12 inserted
20
After section 6 of the Attorney-General and
Solicitor-General Act 1972 insert--
"7. Accrued benefit multiple
For the purpose of regulation 65 of the
Commonwealth Family Law
25
(Superannuation) Regulations 2001, the
Minister on the advice of an actuary
appointed by the Minister may from time to
time determine the accrued benefit multiple.
7
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 2--Attorney-General and Solicitor-General Act 1972
s. 5
8. Obligation on Minister
(1) Subject to sub-sections (5) and (6), the
Minister must comply with this section if--
(a) a superannuation agreement which
provides for a payment split; or
5
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Minister under Part VIIIB of
the Commonwealth Family Law Act 1975.
10
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
15
(c) a splitting order--
which was served on the Minister under
Part VIIIB of the Commonwealth Family
Law Act 1975 before the commencement of
the Courts Legislation (Judicial Pensions)
20
Act 2005 if the non-member spouse's
entitlements in respect of the superannuation
interest have not been satisfied as at that
commencement.
(3) If the non-member spouse has not satisfied a
25
relevant condition of release and the member
spouse is not receiving a pension under this
Act, the Minister must if the value of the
non-member spouse's entitlement in respect
of the superannuation interest at the
30
particular time does not exceed the value of
the member spouse's interest in the Fund--
8
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Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 2--Attorney-General and Solicitor-General Act 1972
s. 5
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
5
superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
10
superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
15
time of the payment to an eligible
rollover fund selected by the Minister.
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
spouse is receiving a pension under this Act,
20
the Minister must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Fund--
25
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
the non-member spouse's entitlement in
30
respect of the superannuation interest at
the time of the payment; or
9
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 2--Attorney-General and Solicitor-General Act 1972
s. 5
(b) if so requested in writing by the non-
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
5
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
writing by the non-member spouse; or
(c) if no request is received from the non-
10
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
15
the payment to an eligible rollover fund
selected by the Minister.
(5) Sub-sections (3) and (4) do not apply if--
(a) the member spouse's superannuation
interest is an unsplittable interest; or
20
(b) a payment flag is operating in respect
of the member spouse's superannuation
interest; or
(c) the non-member spouse has served a
waiver notice on the Minister under
25
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
member spouse's superannuation
interest; or
(d) the member spouse's superannuation
30
interest is a payment that is not a
splittable payment under Part 2 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
10
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 2--Attorney-General and Solicitor-General Act 1972
s. 5
(6) If the member spouse's superannuation
interest is a pension under this Act due to a
disability which is a splittable payment, the
Minister may determine that sub-sections (3)
and (4) do not apply.
5
(7) If the non-member spouse serves a waiver
notice on the Minister under section 90MZA
of the Commonwealth Family Law Act 1975
in respect of the member spouse's
superannuation interest, the Minister may
10
make a payment to the non-member spouse
not exceeding the value at a particular time
of the non-member spouse's entitlement in
respect of the superannuation interest less
any payments previously made by the
15
Minister to the non-member spouse in
accordance with this section.
9. Reduction of benefit
Despite anything to the contrary in this Act,
if under section 8 an amount is paid by the
20
Minister to a non-member spouse or
transferred by the Minister on behalf of a
non-member spouse, the benefit of a member
spouse must be reduced by the Minister in
accordance with a methodology approved by
25
the Minister, on the advice of an actuary
appointed by the Minister.
11
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 2--Attorney-General and Solicitor-General Act 1972
s. 5
10. Minister may provide additional
information
On the application of an eligible person
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
5
the Minister may provide information
additional to the information required to be
provided under section 90MZB of that Act if
the Minister considers that the additional
information is necessary to understand the
10
member spouse's benefit entitlements.
11. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
15
transfer under section 8.
12. Charging of fees
(1) The Minister may charge reasonable fees in
respect of--
(a) a payment split;
20
(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
25
Commonwealth Family Law Act 1975
terminating the operation of a payment
flag;
(e) an application under section 90MZB of
the Commonwealth Family Law Act
30
1975 for information about a
superannuation interest;
12
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 2--Attorney-General and Solicitor-General Act 1972
s. 5
(f) any other thing done by the Minister in
relation to a superannuation interest
covered by a superannuation
agreement, flag lifting agreement or
splitting order;
5
(g) the provision of information under
section 10.
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
10
by notice published in the Government
Gazette.
(3) If the Minister charges a fee under sub-
section (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
15
of sub-section (1)(a), (1)(b), (1)(c),
(1)(d) or (1)(f), by the member spouse
and the non-member spouse in equal
parts; and
(b) if the fee is in respect of a payment split
20
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; or
25
(c) in the case of sub-section (1)(e) or
(1)(g), by the person who made the
application.".
__________________
13
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 3--Constitution Act 1975
s. 6
See: PART 3--CONSTITUTION ACT 1975
Act No.
8750.
6. Amendment of section 5
Reprint No. 16
as at
(1) In section 5 of the Constitution Act 1975 insert
8 April 2003
and
the following definitions--
amending
Act Nos
' "approved deposit fund" has the meaning
5 2/2003,
37/2003, given by section 10(1) of the Commonwealth
39/2003,
Superannuation Industry (Supervision) Act
66/2003,
110/2003, 1993;
38/2004,
39/2004,
"domestic partner" of a person means a person
73/2004,
to whom the person is not married but with
10 108/2004 and
3/2005.
whom, in the opinion of the Minister, the
LawToday:
person is, or was at the time of the person's
www.dms.
dpc.vic.
death, living as a couple on a genuine
gov.au
domestic basis (irrespective of gender);
"eligible rollover fund" means a fund within the
15
meaning of section 242 of the
Commonwealth Superannuation Industry
(Supervision) Act 1993;
"eligible superannuation plan" means--
(a) a regulated superannuation fund; or
20
(b) an approved deposit fund; or
(c) an exempt public sector superannuation
scheme; or
(d) an RSA;
"exempt public sector superannuation scheme"
25
means a public sector superannuation
scheme within the meaning of section 10(1)
of the Commonwealth Superannuation
Industry (Supervision) Act 1993;
"flag lifting agreement" has the meaning given
30
by section 90MN of the Commonwealth
Family Law Act 1975;
14
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 3--Constitution Act 1975
s. 6
"flagging order" means an order mentioned in
section 90MU(1) of the Commonwealth
Family Law Act 1975;
"interest" has the meaning given by section
90MD of the Commonwealth Family Law
5
Act 1975;
"member" means--
(a) in the case of the Governor's pension,
the Governor;
(b) in the case of a judge's pension, a
10
judge;
(c) in the case of the Director of Public
Prosecutions's pension, the Director of
Public Prosecutions;
"member spouse", in relation to a
15
superannuation interest, means the spouse
who has the superannuation interest;
"non-member spouse", in relation to a
superannuation interest, means the spouse
who is not the member spouse in relation to
20
that interest;
"partner" of a person means--
(a) in relation to a person who became
entitled to benefits under this Act
before the commencement of the
25
Courts Legislation (Judicial
Pensions) Act 2005--
(i) the person's husband, wife,
widower or widow; or
(ii) a person of the opposite sex who,
30
though not married to the person,
in the opinion of the Minister lives
with the person, or lived with the
person at the date of the person's
15
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 3--Constitution Act 1975
s. 6
death, on a bona fide domestic
basis as the person's husband or
wife;
(b) in any other case--the person's spouse
or domestic partner;
5
"payment flag" has the meaning given by section
90MD of the Commonwealth Family Law
Act 1975;
"regulated superannuation fund" means a
superannuation fund which complies with
10
section 19 of the Commonwealth
Superannuation Industry (Supervision) Act
1993;
"relevant condition of release" means a
condition of release mentioned in item 101,
15
102, 103 or 106 of Schedule 1 to the
Commonwealth Superannuation Industry
(Supervision) Regulations 1994;
"reversionary interest" has the meaning given
by section 90MF of the Commonwealth
20
Family Law Act 1975;
"RSA" means a retirement savings account
within the meaning of the Commonwealth
Retirement Savings Accounts Act 1997;
"specified period" means the period which is
25
specified to be the specified period in the
specified standards;
"splitting order" means an order mentioned in
section 90MT of the Commonwealth Family
Law Act 1975;
30
"spouse" of a person means a person to whom the
person is, or was at the time of the person's
death, married;
16
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 3--Constitution Act 1975
s. 6
"superannuation agreement" has the meaning
given by section 90MH of the
Commonwealth Family Law Act 1975;
"superannuation fund" has the same meaning as
in the Commonwealth Superannuation
5
Industry (Supervision) Act 1993;
"superannuation interest" means an interest that
a person has as a member of an eligible
superannuation plan, but does not include a
reversionary interest;
10
"unsplittable interest" has the meaning given by
section 90MD of the Commonwealth Family
Law Act 1975;
"value at a particular time of the non-member
spouse's entitlement in respect of the
15
superannuation interest" means the value
as determined in accordance with regulation
14G(8) of the Commonwealth Family Law
(Superannuation) Regulations 2001;
"value of the member spouse's interest in the
20
Fund" means the value as determined in
accordance with Part 5 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.'.
(2) At the end of section 5 of the Constitution Act
25
1975 insert--
'(2) For the purposes of the definition of
"domestic partner" in sub-section (1), in
determining whether persons are or were
domestic partners of each other, all the
30
circumstances of their relationship are to be
taken into account, including any one or
more of the matters referred to in section
275(2) of the Property Law Act 1958 as
may be relevant in a particular case.
35
17
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 3--Constitution Act 1975
s. 7
(3) A reference to the transfer of an amount is to
be construed as including a reference to the
rollover of an amount.'.
7. Amendment of references to spouses
(1) In section 7A of the Constitution Act 1975--
5
(a) in sub-sections (3), (4) and (5) for "spouse"
(wherever occurring) substitute "partner";
(b) in sub-section (3) for "spouse's death or
re-marriage" substitute "partner's death or
marriage or until the partner becomes the
10
domestic partner of another person";
(c) in sub-section (5) after "married" insert
"or becomes the domestic partner of".
(2) In sections 7B, 7C, 7D, 7E, 7F, 7G, 7H, 7I and 7J
of the Constitution Act 1975 for "spouse"
15
(wherever occurring) substitute "partner".
(3) In sections 7D(1), 7E(2), 7H(2) and 7J(3) of the
Constitution Act 1975 for "spouse's" (wherever
occurring) substitute "partner's".
8. New sections 7K to 7P inserted
20
After section 7J of the Constitution Act 1975
insert--
"7K. Accrued benefit multiple
For the purpose of regulation 65 of the
Commonwealth Family Law
25
(Superannuation) Regulations 2001, the
Minister on the advice of an actuary
appointed by the Minister may from time to
time determine the accrued benefit multiple.
18
551329B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Courts Legislation (Judicial Pensions) Act 2005
Act No.
Part 3--Constitution Act 1975
s. 8
7L. Obligation on Minister
(1) Subject to sub-sections (5) and (6), the
Minister must comply with this section if--
(a) a superannuation agreement which
provides for a payment split; or
5
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Minister under Part VIIIB of
the Commonwealth Family Law Act 1975.
10
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
15
(c) a splitting order--
which was served on the Minister under
Part VIIIB of the Commonwealth Family
Law Act 1975 before the commencement of
the Courts Legislation (Judicial Pensions)
20
Act 2005 if the non-member spouse's
entitlements in respect of the superannuation
interest have not been satisfied as at that
commencement.
(3) If the non-member spouse has not satisfied a
25
relevant condition of release and the member
spouse is not receiving a pension under this
Act, the Minister must if the value of the
non-member spouse's entitlement in respect
of the superannuation interest at the
30
particular time does not exceed the value of
the member spouse's interest in the Fund--
19
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(a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
5
superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
10
superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
15
time of the payment to an eligible
rollover fund selected by the Minister.
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
spouse is receiving a pension under this Act,
20
the Minister must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Fund--
25
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
the non-member spouse's entitlement in
30
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
period, transfer a lump sum amount
35
equal to the value of the non-member
spouse's entitlement in respect of the
20
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Part 3--Constitution Act 1975
s. 8
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
writing by the non-member spouse; or
(c) if no request is received from the non-
5
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
10
the payment to an eligible rollover fund
selected by the Minister.
(5) Sub-sections (3) and (4) do not apply if--
(a) the member spouse's superannuation
interest is an unsplittable interest; or
15
(b) a payment flag is operating in respect
of the member spouse's superannuation
interest; or
(c) the non-member spouse has served a
waiver notice on the Minister under
20
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
member spouse's superannuation
interest; or
(d) the member spouse's superannuation
25
interest is a payment that is not a
splittable payment under Part 2 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
(6) If the member spouse's superannuation
30
interest is a pension under this Act due to a
disability which is a splittable payment, the
Minister may determine that sub-sections (3)
and (4) do not apply.
21
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(7) If the non-member spouse serves a waiver
notice on the Minister under section 90MZA
of the Commonwealth Family Law Act 1975
in respect of the member spouse's
superannuation interest, the Minister may
5
make a payment to the non-member spouse
not exceeding the value at a particular time
of the non-member spouse's entitlement in
respect of the superannuation interest less
any payments previously made by the
10
Minister to the non-member spouse in
accordance with this section.
7M. Reduction of benefit
Despite anything to the contrary in this Act,
if under section 7L an amount is paid by the
15
Minister to a non-member spouse or
transferred by the Minister on behalf of a
non-member spouse, the benefit of a member
spouse must be reduced by the Minister in
accordance with a methodology approved by
20
the Minister, on the advice of an actuary
appointed by the Minister.
7N. Minister may provide additional
information
On the application of an eligible person
25
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
the Minister may provide information
additional to the information required to be
provided under section 90MZB of that Act if
30
the Minister considers that the additional
information is necessary to understand the
member spouse's benefit entitlements.
22
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7O. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
transfer under section 7L.
5
7P. Charging of fees
(1) The Minister may charge reasonable fees in
respect of--
(a) a payment split;
(b) a payment flag;
10
(c) flag lifting under a flag lifting
agreement that does not provide for a
payment split;
(d) an order under section 90MM of the
Commonwealth Family Law Act 1975
15
terminating the operation of a payment
flag;
(e) an application under section 90MZB of
the Commonwealth Family Law Act
1975 for information about a
20
superannuation interest;
(f) any other thing done by the Minister in
relation to a superannuation interest
covered by a superannuation
agreement, flag lifting agreement or
25
splitting order;
(g) the provision of information under
section 7N.
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
30
the Minister for the purposes of this section
by notice published in the Government
Gazette.
23
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(3) If the Minister charges a fee under sub-
section (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
of sub-section (1)(a), (1)(b), (1)(c),
(1)(d) or (1)(f), by the member spouse
5
and the non-member spouse in equal
parts; and
(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
10
amount of each splittable payment that
becomes payable, by the non-member
spouse; or
(c) in the case of sub-section (1)(e) or
(1)(g), by the person who made the
15
application.".
9. Amendment of references to spouses
(1) Insert the following heading to section 83 of the
Constitution Act 1975--
"As to pensions of Judges of the Supreme
20
Court and their partners and children".
(2) In section 83 of the Constitution Act 1975--
(a) in sub-sections (2), (2B), (3) and (7) for
"spouse" (wherever occurring) substitute
"partner";
25
(b) in sub-section (2) for "remarriage"
substitute "marriage or until the partner
becomes the domestic partner of another
person";
(c) in sub-section (3) after "married" insert "or
30
becomes the domestic partner of".
24
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s. 10
(3) In sections 83AA, 83AB, 83AC, 83AD, 83AE,
83AF, 83AG, 83AH and 83AI of the Constitution
Act 1975 for "spouse" (wherever occurring)
substitute "partner".
(4) In sections 83AD(2), 83AG(2) and 83AI(3) of the
5
Constitution Act 1975 for "spouse's" (wherever
occurring) substitute "partner's".
(5) In the headings to sections 83AG, 83AH and 83AI
of the Constitution Act 1975 for "spouses"
(wherever occurring) substitute "partners".
10
10. New sections 83AJ to 83AO inserted
After section 83AI of the Constitution Act 1975
insert--
"83AJ. Accrued benefit multiple
For the purpose of regulation 65 of the
15
Commonwealth Family Law
(Superannuation) Regulations 2001, the
Minister on the advice of an actuary
appointed by the Minister may from time to
time determine the accrued benefit multiple.
20
83AK. Obligation on Minister
(1) Subject to sub-sections (5) and (6), the
Minister must comply with this section if--
(a) a superannuation agreement which
provides for a payment split; or
25
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Minister under Part VIIIB of
the Commonwealth Family Law Act 1975.
30
25
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s. 10
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
5
(c) a splitting order--
which was served on the Minister under
Part VIIIB of the Commonwealth Family
Law Act 1975 before the commencement of
the Courts Legislation (Judicial Pensions)
10
Act 2005 if the non-member spouse's
entitlements in respect of the superannuation
interest have not been satisfied as at that
commencement.
(3) If the non-member spouse has not satisfied a
15
relevant condition of release and the member
spouse is not receiving a pension under this
Act, the Minister must if the value of the
non-member spouse's entitlement in respect
of the superannuation interest at the
20
particular time does not exceed the value of
the member spouse's interest in the Fund--
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
25
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
30
(b) if the non-member spouse fails to
nominate in writing an eligible
superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
35
member spouse's entitlement in respect
26
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s. 10
of the superannuation interest at the
time of the payment to an eligible
rollover fund selected by the Minister.
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
5
spouse is receiving a pension under this Act,
the Minister must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
time does not exceed the value of the
10
member spouse's interest in the Fund--
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
15
the non-member spouse's entitlement in
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
20
period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
25
superannuation plan nominated in
writing by the non-member spouse; or
(c) if no request is received from the non-
member spouse within the specified
period, transfer a lump sum amount
30
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible rollover fund
selected by the Minister.
35
27
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s. 10
(5) Sub-sections (3) and (4) do not apply if--
(a) the member spouse's superannuation
interest is an unsplittable interest; or
(b) a payment flag is operating in respect
of the member spouse's superannuation
5
interest; or
(c) the non-member spouse has served a
waiver notice on the Minister under
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
10
member spouse's superannuation
interest; or
(d) the member spouse's superannuation
interest is a payment that is not a
splittable payment under Part 2 of the
15
Commonwealth Family Law
(Superannuation) Regulations 2001.
(6) If the member spouse's superannuation
interest is a pension under this Act due to a
disability which is a splittable payment, the
20
Minister may determine that sub-sections (3)
and (4) do not apply.
(7) If the non-member spouse serves a waiver
notice on the Minister under section 90MZA
of the Commonwealth Family Law Act 1975
25
in respect of the member spouse's
superannuation interest, the Minister may
make a payment to the non-member spouse
not exceeding the value at a particular time
of the non-member spouse's entitlement in
30
respect of the superannuation interest less
any payments previously made by the
Minister to the non-member spouse in
accordance with this section.
28
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83AL. Reduction of benefit
Despite anything to the contrary in this Act,
if under section 83AK an amount is paid by
the Minister to a non-member spouse or
transferred by the Minister on behalf of a
5
non-member spouse, the benefit of a member
spouse must be reduced by the Minister in
accordance with a methodology approved by
the Minister, on the advice of an actuary
appointed by the Minister.
10
83AM. Minister may provide additional
information
On the application of an eligible person
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
15
the Minister may provide information
additional to the information required to be
provided under section 90MZB of that Act if
the Minister considers that the additional
information is necessary to understand the
20
member spouse's benefit entitlements.
83AN. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
25
transfer under section 83AK.
83AO. Charging of fees
(1) The Minister may charge reasonable fees in
respect of--
(a) a payment split;
30
(b) a payment flag;
(c) flag lifting under a flag lifting
agreement that does not provide for a
payment split;
29
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Part 3--Constitution Act 1975
s. 10
(d) an order under section 90MM of the
Commonwealth Family Law Act 1975
terminating the operation of a payment
flag;
(e) an application under section 90MZB of
5
the Commonwealth Family Law Act
1975 for information about a
superannuation interest;
(f) any other thing done by the Minister in
relation to a superannuation interest
10
covered by a superannuation
agreement, flag lifting agreement or
splitting order;
(g) the provision of information under
section 83AM.
15
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
by notice published in the Government
Gazette.
20
(3) If the Minister charges a fee under sub-
section (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
of sub-section (1)(a), (1)(b), (1)(c),
(1)(d) or (1)(f), by the member spouse
25
and the non-member spouse in equal
parts; and
(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
30
amount of each splittable payment that
becomes payable, by the non-member
spouse; or
30
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s. 10
(c) in the case of sub-section (1)(e) or
(1)(g), by the person who made the
application.".
__________________
31
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Act No.
Part 4--County Court Act 1958
s. 11
See: PART 4--COUNTY COURT ACT 1958
Act No.
6230.
11. Amendment of section 3
Reprint No. 11
as at
(1) In section 3(1) of the County Court Act 1958
1 July 2004
and
insert the following definitions--
amending
Act Nos
' "approved deposit fund" has the meaning
5 107/1986,
108/2004 and given by section 10(1) of the Commonwealth
3/2005.
Superannuation Industry (Supervision) Act
LawToday:
www.dms. 1993;
dpc.vic.
gov.au
"domestic partner" of a person means a person
to whom the person is not married but with
10
whom, in the opinion of the Minister, the
person is, or was at the time of the person's
death, living as a couple on a genuine
domestic basis (irrespective of gender);
"eligible rollover fund" means a fund within the
15
meaning of section 242 of the
Commonwealth Superannuation Industry
(Supervision) Act 1993;
"eligible superannuation plan" means--
(a) a regulated superannuation fund; or
20
(b) an approved deposit fund; or
(c) an exempt public sector superannuation
scheme; or
(d) an RSA;
"exempt public sector superannuation scheme"
25
means a public sector superannuation
scheme within the meaning of section 10(1)
of the Commonwealth Superannuation
Industry (Supervision) Act 1993;
"flag lifting agreement" has the meaning given
30
by section 90MN of the Commonwealth
Family Law Act 1975;
32
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s. 11
"flagging order" means an order mentioned in
section 90MU(1) of the Commonwealth
Family Law Act 1975;
"interest" has the meaning given by section
90MD of the Commonwealth Family Law
5
Act 1975;
"member" means--
(a) in the case of a judge's pension, a
judge;
(b) in the case of a master's pension, a
10
master;
"member spouse", in relation to a
superannuation interest, means the spouse
who has the superannuation interest;
"non-member spouse", in relation to a
15
superannuation interest, means the spouse
who is not the member spouse in relation to
that interest;
"partner" of a person means--
(a) in relation to a person who became
20
entitled to benefits under this Act
before the commencement of the
Courts Legislation (Judicial
Pensions) Act 2005--
(i) the person's husband, wife,
25
widower or widow; or
(ii) a person of the opposite sex who,
though not married to the person,
in the opinion of the Minister lives
with the person, or lived with the
30
person at the date of the person's
death, on a bona fide domestic
basis as the person's husband or
wife;
33
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Act No.
Part 4--County Court Act 1958
s. 11
(b) in any other case--the person's spouse
or domestic partner;
"payment flag" has the meaning given by section
90MD of the Commonwealth Family Law
Act 1975;
5
"regulated superannuation fund" means a
superannuation fund which complies with
section 19 of the Commonwealth
Superannuation Industry (Supervision) Act
1993;
10
"relevant condition of release" means a
condition of release mentioned in item 101,
102, 103 or 106 of Schedule 1 to the
Commonwealth Superannuation Industry
(Supervision) Regulations 1994;
15
"reversionary interest" has the meaning given
by section 90MF of the Commonwealth
Family Law Act 1975;
"RSA" means a retirement savings account
within the meaning of the Commonwealth
20
Retirement Savings Accounts Act 1997;
"specified period" means the period which is
specified to be the specified period in the
specified standards;
"splitting order" means an order mentioned in
25
section 90MT of the Commonwealth Family
Law Act 1975;
"spouse" of a person means a person to whom the
person is, or was at the time of the person's
death, married;
30
"superannuation agreement" has the meaning
given by section 90MH of the
Commonwealth Family Law Act 1975;
34
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Act No.
Part 4--County Court Act 1958
s. 11
"superannuation fund" has the same meaning as
in the Commonwealth Superannuation
Industry (Supervision) Act 1993;
"superannuation interest" means an interest that
a person has as a member of an eligible
5
superannuation plan, but does not include a
reversionary interest;
"unsplittable interest" has the meaning given by
section 90MD of the Commonwealth Family
Law Act 1975;
10
"value at a particular time of the non-member
spouse's entitlement in respect of the
superannuation interest" means the value
as determined in accordance with regulation
14G(8) of the Commonwealth Family Law
15
(Superannuation) Regulations 2001;
"value of the member spouse's interest in the
Fund" means the value as determined in
accordance with Part 5 of the
Commonwealth Family Law
20
(Superannuation) Regulations 2001.'.
(2) After section 3(1) of the County Court Act 1958
insert--
'(1A) For the purposes of the definition of
"domestic partner" in sub-section (1), in
25
determining whether persons are or were
domestic partners of each other, all the
circumstances of their relationship are to be
taken into account, including any one or
more of the matters referred to in section
30
275(2) of the Property Law Act 1958 as
may be relevant in a particular case.
(1B) A reference to the transfer of an amount is to
be construed as including a reference to the
rollover of an amount.'.
35
35
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Act No.
Part 4--County Court Act 1958
s. 12
12. Amendment of section 14
(1) Insert the following heading to section 14 of the
County Court Act 1958--
"Provision for pensions to County Court
judges and their partners".
5
(2) In section 14 of the County Court Act 1958--
(a) in sub-sections (3) and (3AB) for "spouse"
(wherever occurring) substitute "partner";
(b) in sub-section (3) for "remarriage"
substitute "marriage or until the partner
10
becomes the domestic partner of another
person";
(c) in the proviso to sub-section (3) for "widow
of any former judge in any case where she
married such former judge after his
15
resignation or retirement" substitute
"partner of any former judge in any case
where he or she married, or becomes the
domestic partner of, the former judge after
the judge's resignation or retirement".
20
(3) In sections 14AA, 14AB, 14AC, 14AD, 14AE,
14AF, 14AG, 14AH and 14AI of the County
Court Act 1958 for "spouse" (wherever
occurring) substitute "partner".
(4) In sections 14AC(1), 14AD(2), 14AG(2) and
25
14AI(3) of the County Court Act 1958 for
"spouse's" (wherever occurring) substitute
"partner's".
(5) In the heading to sections 14AG, 14AH and 14AI
of the County Court Act 1958 for "spouses"
30
(wherever occurring) substitute "partners".
36
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s. 13
13. New sections 14AJ to 14AO inserted
After section 14AI of the County Court Act 1958
insert--
"14AJ. Accrued benefit multiple
For the purpose of regulation 65 of the
5
Commonwealth Family Law
(Superannuation) Regulations 2001, the
Minister on the advice of an actuary
appointed by the Minister may from time to
time determine the accrued benefit multiple.
10
14AK. Obligation on Minister
(1) Subject to sub-sections (5) and (6), the
Minister must comply with this section if--
(a) a superannuation agreement which
provides for a payment split; or
15
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Minister under Part VIIIB of
the Commonwealth Family Law Act 1975.
20
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
25
(c) a splitting order--
which was served on the Minister under
Part VIIIB of the Commonwealth Family
Law Act 1975 before the commencement of
the Courts Legislation (Judicial Pensions)
30
Act 2005 if the non-member spouse's
entitlements in respect of the superannuation
37
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Part 4--County Court Act 1958
s. 13
interest have not been satisfied as at that
commencement.
(3) If the non-member spouse has not satisfied a
relevant condition of release and the member
spouse is not receiving a pension under this
5
Act, the Minister must if the value of the
non-member spouse's entitlement in respect
of the superannuation interest at the
particular time does not exceed the value of
the member spouse's interest in the Fund--
10
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
15
superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
20
superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
25
time of the payment to an eligible
rollover fund selected by the Minister.
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
spouse is receiving a pension under this Act,
30
the Minister must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Fund--
35
38
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Part 4--County Court Act 1958
s. 13
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
the non-member spouse's entitlement in
5
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
period, transfer a lump sum amount
10
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
15
writing by the non-member spouse; or
(c) if no request is received from the non-
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
20
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible rollover fund
selected by the Minister.
(5) Sub-sections (3) and (4) do not apply if--
25
(a) the member spouse's superannuation
interest is an unsplittable interest; or
(b) a payment flag is operating in respect
of the member spouse's superannuation
interest; or
30
(c) the non-member spouse has served a
waiver notice on the Minister under
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
member spouse's superannuation
35
interest; or
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(d) the member spouse's superannuation
interest is a payment that is not a
splittable payment under Part 2 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
5
(6) If the member spouse's superannuation
interest is a pension under this Act due to a
disability which is a splittable payment, the
Minister may determine that sub-sections (3)
and (4) do not apply.
10
(7) If the non-member spouse serves a waiver
notice on the Minister under section 90MZA
of the Commonwealth Family Law Act 1975
in respect of the member spouse's
superannuation interest, the Minister may
15
make a payment to the non-member spouse
not exceeding the value at a particular time
of the non-member spouse's entitlement in
respect of the superannuation interest less
any payments previously made by the
20
Minister to the non-member spouse in
accordance with this section.
14AL. Reduction of benefit
Despite anything to the contrary in this Act,
if under section 14AK an amount is paid by
25
the Minister to a non-member spouse or
transferred by the Minister on behalf of a
non-member spouse, the benefit of a member
spouse must be reduced by the Minister in
accordance with a methodology approved by
30
the Minister, on the advice of an actuary
appointed by the Minister.
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s. 13
14AM. Minister may provide additional
information
On the application of an eligible person
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
5
the Minister may provide information
additional to the information required to be
provided under section 90MZB of that Act if
the Minister considers that the additional
information is necessary to understand the
10
member spouse's benefit entitlements.
14AN. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
15
transfer under section 14AK.
14AO. Charging of fees
(1) The Minister may charge reasonable fees in
respect of--
(a) a payment split;
20
(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
25
Commonwealth Family Law Act 1975
terminating the operation of a payment
flag;
41
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(e) an application under section 90MZB of
the Commonwealth Family Law Act
1975 for information about a
superannuation interest;
(f) any other thing done by the Minister in
5
relation to a superannuation interest
covered by a superannuation
agreement, flag lifting agreement or
splitting order;
(g) the provision of information under
10
section 14AM.
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
by notice published in the Government
15
Gazette.
(3) If the Minister charges a fee under sub-
section (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
of sub-section (1)(a), (1)(b), (1)(c),
20
(1)(d) or (1)(f), by the member spouse
and the non-member spouse in equal
parts; and
(b) if the fee is in respect of a payment split
under which the non-member spouse is
25
entitled to be paid the whole of the
amount of each splittable payment that
becomes payable, by the non-member
spouse; or
(c) in the case of sub-section (1)(e) or
30
(1)(g), by the person who made the
application.".
42
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Part 4--County Court Act 1958
s. 14
14. Amendment of references to spouses
(1) In section 17B of the County Court Act 1958--
(a) in sub-sections (2) and (3) for "spouse"
(wherever occurring) substitute "partner";
(b) in sub-section (2) for "remarriage"
5
substitute "marriage or until the partner
becomes the domestic partner of another
person";
(c) in sub-section (3) after "place" insert "or the
domestic partnership was entered into".
10
(2) In sections 17C, 17D, 17E, 17F, 17G, 17H, 17I,
17J and 17K of the County Court Act 1958 for
"spouse" (wherever occurring) substitute
"partner".
(3) In sections 17E(1), 17F(2), 17I(2) and 17K(3) of
15
the County Court Act 1958 for "spouse's"
(wherever occurring) substitute "partner's".
(4) In the heading to sections 17I, 17J and 17K of the
County Court Act 1958 for "spouses" (wherever
occurring) substitute "partners".
20
15. New sections 17L to 17Q inserted
After section 17K of the County Court Act 1958
insert--
"17L. Accrued benefit multiple
For the purpose of regulation 65 of the
25
Commonwealth Family Law
(Superannuation) Regulations 2001, the
Minister on the advice of an actuary
appointed by the Minister may from time to
time determine the accrued benefit multiple.
30
43
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17M. Obligation on Minister
(1) Subject to sub-sections (5) and (6), the
Minister must comply with this section if--
(a) a superannuation agreement which
provides for a payment split; or
5
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Minister under Part VIIIB of
the Commonwealth Family Law Act 1975.
10
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
15
(c) a splitting order--
which was served on the Minister under
Part VIIIB of the Commonwealth Family
Law Act 1975 before the commencement of
the Courts Legislation (Judicial Pensions)
20
Act 2005 if the non-member spouse's
entitlements in respect of the superannuation
interest have not been satisfied as at that
commencement.
(3) If the non-member spouse has not satisfied a
25
relevant condition of release and the member
spouse is not receiving a pension under this
Act, the Minister must if the value of the
non-member spouse's entitlement in respect
of the superannuation interest at the
30
particular time does not exceed the value of
the member spouse's interest in the Fund--
44
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Part 4--County Court Act 1958
s. 15
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
5
superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
10
superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
15
time of the payment to an eligible
rollover fund selected by the Minister.
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
spouse is receiving a pension under this Act,
20
the Minister must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Fund--
25
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
the non-member spouse's entitlement in
30
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
period, transfer a lump sum amount
35
equal to the value of the non-member
spouse's entitlement in respect of the
45
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Part 4--County Court Act 1958
s. 15
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
writing by the non-member spouse; or
(c) if no request is received from the non-
5
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
10
the payment to an eligible rollover fund
selected by the Minister.
(5) Sub-sections (3) and (4) do not apply if--
(a) the member spouse's superannuation
interest is an unsplittable interest; or
15
(b) a payment flag is operating in respect
of the member spouse's superannuation
interest; or
(c) the non-member spouse has served a
waiver notice on the Minister under
20
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
member spouse's superannuation
interest; or
(d) the member spouse's superannuation
25
interest is a payment that is not a
splittable payment under Part 2 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
(6) If the member spouse's superannuation
30
interest is a pension under this Act due to a
disability which is a splittable payment, the
Minister may determine that sub-sections (3)
and (4) do not apply.
46
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(7) If the non-member spouse serves a waiver
notice on the Minister under section 90MZA
of the Commonwealth Family Law Act 1975
in respect of the member spouse's
superannuation interest, the Minister may
5
make a payment to the non-member spouse
not exceeding the value at a particular time
of the non-member spouse's entitlement in
respect of the superannuation interest less
any payments previously made by the
10
Minister to the non-member spouse in
accordance with this section.
17N. Reduction of benefit
Despite anything to the contrary in this Act,
if under section 17M an amount is paid by
15
the Minister to a non-member spouse or
transferred by the Minister on behalf of a
non-member spouse, the benefit of a member
spouse must be reduced by the Minister in
accordance with a methodology approved by
20
the Minister, on the advice of an actuary
appointed by the Minister.
17O. Minister may provide additional
information
On the application of an eligible person
25
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
the Minister may provide information
additional to the information required to be
provided under section 90MZB of that Act if
30
the Minister considers that the additional
information is necessary to understand the
member spouse's benefit entitlements.
47
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17P. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
transfer under section 17M.
5
17Q. Charging of fees
(1) The Minister may charge reasonable fees in
respect of--
(a) a payment split;
(b) a payment flag;
10
(c) flag lifting under a flag lifting
agreement that does not provide for a
payment split;
(d) an order under section 90MM of the
Commonwealth Family Law Act 1975
15
terminating the operation of a payment
flag;
(e) an application under section 90MZB of
the Commonwealth Family Law Act
1975 for information about a
20
superannuation interest;
(f) any other thing done by the Minister in
relation to a superannuation interest
covered by a superannuation
agreement, flag lifting agreement or
25
splitting order;
(g) the provision of information under
section 17O.
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
30
the Minister for the purposes of this section
by notice published in the Government
Gazette.
48
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(3) If the Minister charges a fee under sub-
section (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
of sub-section (1)(a), (1)(b), (1)(c),
(1)(d) or (1)(f), by the member spouse
5
and the non-member spouse in equal
parts; and
(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
10
amount of each splittable payment that
becomes payable, by the non-member
spouse; or
(c) in the case of sub-section (1)(e) or
(1)(g), by the person who made the
15
application.".
__________________
49
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Act No.
Part 5--Magistrates' Court Act 1989
s. 16
See: PART 5--MAGISTRATES' COURT ACT 1989
Act No.
51/1989.
16. Amendment of section 3
Reprint No. 10
as at
(1) In section 3(1) of the Magistrates' Court Act
13 October
2004
1989 insert the following definitions--
and
amending
' "approved deposit fund" has the meaning
5 Act Nos
27/2002, given by section 10(1) of the Commonwealth
80/2003,
Superannuation Industry (Supervision) Act
94/2003,
68/2004, 1993;
77/2004,
107/2004,
"domestic partner" of a person means a person
108/2004,
to whom the person is not married but with
10 2/2005 and
3/2005.
whom, in the opinion of the Minister, the
LawToday:
person is, or was at the time of the person's
www.dms.
dpc.vic.
death, living as a couple on a genuine
gov.au
domestic basis (irrespective of gender);
"eligible rollover fund" means a fund within the
15
meaning of section 242 of the
Commonwealth Superannuation Industry
(Supervision) Act 1993;
"eligible superannuation plan" means--
(a) a regulated superannuation fund; or
20
(b) an approved deposit fund; or
(c) an exempt public sector superannuation
scheme; or
(d) an RSA;
"exempt public sector superannuation scheme"
25
means a public sector superannuation
scheme within the meaning of section 10(1)
of the Commonwealth Superannuation
Industry (Supervision) Act 1993;
"flag lifting agreement" has the meaning given
30
by section 90MN of the Commonwealth
Family Law Act 1975;
50
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Part 5--Magistrates' Court Act 1989
s. 16
"flagging order" means an order mentioned in
section 90MU(1) of the Commonwealth
Family Law Act 1975;
"interest" has the meaning given by section
90MD of the Commonwealth Family Law
5
Act 1975;
"member" means the Chief Magistrate;
"member spouse", in relation to a
superannuation interest, means the spouse
who has the superannuation interest;
10
"non-member spouse", in relation to a
superannuation interest, means the spouse
who is not the member spouse in relation to
that interest;
"partner" of a person means--
15
(a) in relation to a person who became
entitled to benefits under this Act
before the commencement of the
Courts Legislation (Judicial
Pensions) Act 2005--
20
(i) the person's husband, wife,
widower or widow; or
(ii) a person of the opposite sex who,
though not married to the person,
in the opinion of the Minister lives
25
with the person, or lived with the
person at the date of the person's
death, on a bona fide domestic
basis as the person's husband or
wife;
30
(b) in any other case--the person's spouse
or domestic partner;
"payment flag" has the meaning given by section
90MD of the Commonwealth Family Law
Act 1975;
35
51
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Act No.
Part 5--Magistrates' Court Act 1989
s. 16
"regulated superannuation fund" means a
superannuation fund which complies with
section 19 of the Commonwealth
Superannuation Industry (Supervision) Act
1993;
5
"relevant condition of release" means a
condition of release mentioned in item 101,
102, 103 or 106 of Schedule 1 to the
Commonwealth Superannuation Industry
(Supervision) Regulations 1994;
10
"reversionary interest" has the meaning given
by section 90MF of the Commonwealth
Family Law Act 1975;
"RSA" means a retirement savings account
within the meaning of the Commonwealth
15
Retirement Savings Accounts Act 1997;
"specified period" means the period which is
specified to be the specified period in the
specified standards;
"splitting order" means an order mentioned in
20
section 90MT of the Commonwealth Family
Law Act 1975;
"spouse" of a person means a person to whom the
person is, or was at the time of the person's
death, married;
25
"superannuation agreement" has the meaning
given by section 90MH of the
Commonwealth Family Law Act 1975;
"superannuation fund" has the same meaning as
in the Commonwealth Superannuation
30
Industry (Supervision) Act 1993;
"superannuation interest" means an interest that
a person has as a member of an eligible
superannuation plan, but does not include a
reversionary interest;
35
52
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Act No.
Part 5--Magistrates' Court Act 1989
s. 17
"unsplittable interest" has the meaning given by
section 90MD of the Commonwealth Family
Law Act 1975;
"value at a particular time of the non-member
spouse's entitlement in respect of the
5
superannuation interest" means the value
as determined in accordance with regulation
14G(8) of the Commonwealth Family Law
(Superannuation) Regulations 2001;
"value of the member spouse's interest in the
10
Fund" means the value as determined in
accordance with Part 5 of the
Commonwealth Family Law
(Superannuation) Regulations 2001;'.
(2) After section 3(1) of the Magistrates' Court Act
15
1989 insert--
'(1A) For the purposes of the definition of
"domestic partner" in sub-section (1), in
determining whether persons are or were
domestic partners of each other, all the
20
circumstances of their relationship are to be
taken into account, including any one or
more of the matters referred to in section
275(2) of the Property Law Act 1958 as
may be relevant in a particular case.
25
(1B) A reference to the transfer of an amount is to
be construed as including a reference to the
rollover of an amount.'.
17. Amendment of section 10A
In section 10A(1) of the Magistrates' Court Act
30
1989 for "spouse" (where twice occurring)
substitute "partner".
53
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Act No.
Part 5--Magistrates' Court Act 1989
s. 18
18. New sections 10B to 10G inserted
After section 10A of the Magistrates' Court Act
1989 insert--
"10B. Accrued benefit multiple
For the purpose of regulation 65 of the
5
Commonwealth Family Law
(Superannuation) Regulations 2001, the
Minister on the advice of an actuary
appointed by the Minister may from time to
time determine the accrued benefit multiple.
10
10C. Obligation on Minister
(1) Subject to sub-sections (5) and (6), the
Minister must comply with this section if--
(a) a superannuation agreement which
provides for a payment split; or
15
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Minister under Part VIIIB of
the Commonwealth Family Law Act 1975.
20
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
25
(c) a splitting order--
which was served on the Minister under
Part VIIIB of the Commonwealth Family
Law Act 1975 before the commencement of
the Courts Legislation (Judicial Pensions)
30
Act 2005 if the non-member spouse's
entitlements in respect of the superannuation
54
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Act No.
Part 5--Magistrates' Court Act 1989
s. 18
interest have not been satisfied as at that
commencement.
(3) If the non-member spouse has not satisfied a
relevant condition of release and the member
spouse is not receiving a pension under this
5
Act, the Minister must if the value of the
non-member spouse's entitlement in respect
of the superannuation interest at the
particular time does not exceed the value of
the member spouse's interest in the Fund--
10
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
15
superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
20
superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
25
time of the payment to an eligible
rollover fund selected by the Minister.
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
spouse is receiving a pension under this Act,
30
the Minister must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Fund--
35
55
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Act No.
Part 5--Magistrates' Court Act 1989
s. 18
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
the non-member spouse's entitlement in
5
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
period, transfer a lump sum amount
10
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
15
writing by the non-member spouse; or
(c) if no request is received from the non-
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
20
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible rollover fund
selected by the Minister.
(5) Sub-sections (3) and (4) do not apply if--
25
(a) the member spouse's superannuation
interest is an unsplittable interest; or
(b) a payment flag is operating in respect
of the member spouse's superannuation
interest; or
30
(c) the non-member spouse has served a
waiver notice on the Minister under
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
member spouse's superannuation
35
interest; or
56
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Act No.
Part 5--Magistrates' Court Act 1989
s. 18
(d) the member spouse's superannuation
interest is a payment that is not a
splittable payment under Part 2 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
5
(6) If the member spouse's superannuation
interest is a pension under this Act due to a
disability which is a splittable payment, the
Minister may determine that sub-sections (3)
and (4) do not apply.
10
(7) If the non-member spouse serves a waiver
notice on the Minister under section 90MZA
of the Commonwealth Family Law Act 1975
in respect of the member spouse's
superannuation interest, the Minister may
15
make a payment to the non-member spouse
not exceeding the value at a particular time
of the non-member spouse's entitlement in
respect of the superannuation interest less
any payments previously made by the
20
Minister to the non-member spouse in
accordance with this section.
10D. Reduction of benefit
Despite anything to the contrary in this Act,
if under section 10C an amount is paid by the
25
Minister to a non-member spouse or
transferred by the Minister on behalf of a
non-member spouse, the benefit of a member
spouse must be reduced by the Minister in
accordance with a methodology approved by
30
the Minister, on the advice of an actuary
appointed by the Minister.
57
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Act No.
Part 5--Magistrates' Court Act 1989
s. 18
10E. Minister may provide additional
information
On the application of an eligible person
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
5
the Minister may provide information
additional to the information required to be
provided under section 90MZB of that Act if
the Minister considers that the additional
information is necessary to understand the
10
member spouse's benefit entitlements.
10F. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
15
transfer under section 10C.
10G. Charging of fees
(1) The Minister may charge reasonable fees in
respect of--
(a) a payment split;
20
(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
25
Commonwealth Family Law Act 1975
terminating the operation of a payment
flag;
(e) an application under section 90MZB of
the Commonwealth Family Law Act
30
1975 for information about a
superannuation interest;
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Act No.
Part 5--Magistrates' Court Act 1989
s. 18
(f) any other thing done by the Minister in
relation to a superannuation interest
covered by a superannuation
agreement, flag lifting agreement or
splitting order;
5
(g) the provision of information under
section 10E.
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
10
by notice published in the Government
Gazette.
(3) If the Minister charges a fee under sub-
section (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
15
of sub-section (1)(a), (1)(b), (1)(c),
(1)(d) or (1)(f), by the member spouse
and the non-member spouse in equal
parts; and
(b) if the fee is in respect of a payment split
20
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; or
25
(c) in the case of sub-section (1)(e) or
(1)(g), by the person who made the
application.".
__________________
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Act No.
Part 6--Public Prosecutions Act 1994
s. 19
See: PART 6--PUBLIC PROSECUTIONS ACT 1994
Act No.
43/1994.
19. Section 3 amended
Reprint No. 2
as at
(1) In section 3 of the Public Prosecutions Act 1994
22 December
1999
insert the following definitions--
and
amending
' "approved deposit fund" has the meaning
5 Act Nos
19/2001, given by section 10(1) of the Commonwealth
4/2004 and
Superannuation Industry (Supervision) Act
108/2004.
LawToday: 1993;
www.dms.
dpc.vic.
"domestic partner" of a person means a person
gov.au
to whom the person is not married but with
10
whom, in the opinion of the Minister, the
person is, or was at the time of the person's
death, living as a couple on a genuine
domestic basis (irrespective of gender);
"eligible rollover fund" means a fund within the
15
meaning of section 242 of the
Commonwealth Superannuation Industry
(Supervision) Act 1993;
"eligible superannuation plan" means--
(a) a regulated superannuation fund; or
20
(b) an approved deposit fund; or
(c) an exempt public sector superannuation
scheme; or
(d) an RSA;
"exempt public sector superannuation scheme"
25
means a public sector superannuation
scheme within the meaning of section 10(1)
of the Commonwealth Superannuation
Industry (Supervision) Act 1993;
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Act No.
Part 6--Public Prosecutions Act 1994
s. 19
"flag lifting agreement" has the meaning given
by section 90MN of the Commonwealth
Family Law Act 1975;
"flagging order" means an order mentioned in
section 90MU(1) of the Commonwealth
5
Family Law Act 1975;
"interest" has the meaning given by section
90MD of the Commonwealth Family Law
Act 1975;
"member" means--
10
(a) in the case of the Chief Crown
Prosecutor's pension, the Chief Crown
Prosecutor;
(b) in the case of a Senior Crown
Prosecutor's pension, a Senior Crown
15
Prosecutor;
"member spouse", in relation to a
superannuation interest, means the spouse
who has the superannuation interest;
"non-member spouse", in relation to a
20
superannuation interest, means the spouse
who is not the member spouse in relation to
that interest;
"partner" of a person means--
(a) in relation to a person who became
25
entitled to benefits under this Act
before the commencement of the
Courts Legislation (Judicial
Pensions) Act 2005--
(i) the person's husband, wife,
30
widower or widow; or
(ii) a person of the opposite sex who,
though not married to the person,
in the opinion of the Minister lives
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Part 6--Public Prosecutions Act 1994
s. 19
with the person, or lived with the
person at the date of the person's
death, on a bona fide domestic
basis as the person's husband or
wife;
5
(b) in any other case--the person's spouse
or domestic partner;
"payment flag" has the meaning given by section
90MD of the Commonwealth Family Law
Act 1975;
10
"regulated superannuation fund" means a
superannuation fund which complies with
section 19 of the Commonwealth
Superannuation Industry (Supervision) Act
1993;
15
"relevant condition of release" means a
condition of release mentioned in item 101,
102, 103 or 106 of Schedule 1 to the
Commonwealth Superannuation Industry
(Supervision) Regulations 1994;
20
"reversionary interest" has the meaning given
by section 90MF of the Commonwealth
Family Law Act 1975;
"RSA" means a retirement savings account
within the meaning of the Commonwealth
25
Retirement Savings Accounts Act 1997;
"specified period" means the period which is
specified to be the specified period in the
specified standards;
"splitting order" means an order mentioned in
30
section 90MT of the Commonwealth Family
Law Act 1975;
"spouse" of a person means a person to whom the
person is, or was at the time of the person's
death, married;
35
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Act No.
Part 6--Public Prosecutions Act 1994
s. 19
"superannuation agreement" has the meaning
given by section 90MH of the
Commonwealth Family Law Act 1975;
"superannuation fund" has the same meaning as
in the Commonwealth Superannuation
5
Industry (Supervision) Act 1993;
"superannuation interest" means an interest that
a person has as a member of an eligible
superannuation plan, but does not include a
reversionary interest;
10
"unsplittable interest" has the meaning given by
section 90MD of the Commonwealth Family
Law Act 1975;
"value at a particular time of the non-member
spouse's entitlement in respect of the
15
superannuation interest" means the value
as determined in accordance with regulation
14G(8) of the Commonwealth Family Law
(Superannuation) Regulations 2001;
"value of the member spouse's interest in the
20
Fund" means the value as determined in
accordance with Part 5 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.'.
(2) At the end of section 3 of the Public Prosecutions
25
Act 1994 insert--
'(2) For the purposes of the definition of
"domestic partner" in sub-section (1), in
determining whether persons are or were
domestic partners of each other, all the
30
circumstances of their relationship are to be
taken into account, including any one or
more of the matters referred to in section
275(2) of the Property Law Act 1958 as
may be relevant in a particular case.
35
63
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Act No.
Part 6--Public Prosecutions Act 1994
s. 20
(3) A reference to the transfer of an amount is to
be construed as including a reference to the
rollover of an amount.'.
20. Amendment of section 18
(1) Insert the following heading to section 18 of the
5
Public Prosecutions Act 1994--
"Pension of Chief Crown Prosecutor and of his
or her partner and children".
(2) In section 18(1) of the Public Prosecutions Act
1994 for "spouse" (where twice occurring)
10
substitute "partner".
(3) After section 18(2) of the Public Prosecutions
Act 1994 insert--
"(2A) A pension under this section may be
commuted in the same circumstances and to
15
the same extent as pensions under sections
14AC, 14AF and 14AI of the County Court
Act 1958 may be commuted and for that
purpose sections 14AA to 14AI of that Act
apply with such modifications as are
20
necessary.".
21. New sections 18A to 18F inserted
After section 18 of the Public Prosecutions Act
1994 insert--
"18A. Accrued benefit multiple
25
For the purpose of regulation 65 of the
Commonwealth Family Law
(Superannuation) Regulations 2001, the
Minister on the advice of an actuary
appointed by the Minister may from time to
30
time determine the accrued benefit multiple.
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s. 21
18B. Obligation on Minister
(1) Subject to sub-sections (5) and (6), the
Minister must comply with this section if--
(a) a superannuation agreement which
provides for a payment split; or
5
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Minister under Part VIIIB of
the Commonwealth Family Law Act 1975.
10
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
15
(c) a splitting order--
which was served on the Minister under
Part VIIIB of the Commonwealth Family
Law Act 1975 before the commencement of
the Courts Legislation (Judicial Pensions)
20
Act 2005 if the non-member spouse's
entitlements in respect of the superannuation
interest have not been satisfied as at that
commencement.
(3) If the non-member spouse has not satisfied a
25
relevant condition of release and the member
spouse is not receiving a pension under this
Act, the Minister must if the value of the
non-member spouse's entitlement in respect
of the superannuation interest at the
30
particular time does not exceed the value of
the member spouse's interest in the Fund--
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s. 21
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
5
superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
10
superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
15
time of the payment to an eligible
rollover fund selected by the Minister.
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
spouse is receiving a pension under this Act,
20
the Minister must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Fund--
25
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
the non-member spouse's entitlement in
30
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
period, transfer a lump sum amount
35
equal to the value of the non-member
spouse's entitlement in respect of the
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Act No.
Part 6--Public Prosecutions Act 1994
s. 21
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
writing by the non-member spouse; or
(c) if no request is received from the non-
5
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
10
the payment to an eligible rollover fund
selected by the Minister.
(5) Sub-sections (3) and (4) do not apply if--
(a) the member spouse's superannuation
interest is an unsplittable interest; or
15
(b) a payment flag is operating in respect
of the member spouse's superannuation
interest; or
(c) the non-member spouse has served a
waiver notice on the Minister under
20
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
member spouse's superannuation
interest; or
(d) the member spouse's superannuation
25
interest is a payment that is not a
splittable payment under Part 2 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
(6) If the member spouse's superannuation
30
interest is a pension under this Act due to a
disability which is a splittable payment, the
Minister may determine that sub-sections (3)
and (4) do not apply.
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s. 21
(7) If the non-member spouse serves a waiver
notice on the Minister under section 90MZA
of the Commonwealth Family Law Act 1975
in respect of the member spouse's
superannuation interest, the Minister may
5
make a payment to the non-member spouse
not exceeding the value at a particular time
of the non-member spouse's entitlement in
respect of the superannuation interest less
any payments previously made by the
10
Minister to the non-member spouse in
accordance with this section.
18C. Reduction of benefit
Despite anything to the contrary in this Act,
if under section 18B an amount is paid by the
15
Minister to a non-member spouse or
transferred by the Minister on behalf of a
non-member spouse, the benefit of a member
spouse must be reduced by the Minister in
accordance with a methodology approved by
20
the Minister, on the advice of an actuary
appointed by the Minister.
18D. Minister may provide additional
information
On the application of an eligible person
25
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
the Minister may provide information
additional to the information required to be
provided under section 90MZB of that Act if
30
the Minister considers that the additional
information is necessary to understand the
member spouse's benefit entitlements.
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Act No.
Part 6--Public Prosecutions Act 1994
s. 21
18E. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
transfer under section 18B.
5
18F. Charging of fees
(1) The Minister may charge reasonable fees in
respect of--
(a) a payment split;
(b) a payment flag;
10
(c) flag lifting under a flag lifting
agreement that does not provide for a
payment split;
(d) an order under section 90MM of the
Commonwealth Family Law Act 1975
15
terminating the operation of a payment
flag;
(e) an application under section 90MZB of
the Commonwealth Family Law Act
1975 for information about a
20
superannuation interest;
(f) any other thing done by the Minister in
relation to a superannuation interest
covered by a superannuation
agreement, flag lifting agreement or
25
splitting order;
(g) the provision of information under
section 18D.
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
30
the Minister for the purposes of this section
by notice published in the Government
Gazette.
69
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Act No.
Part 6--Public Prosecutions Act 1994
s. 22
(3) If the Minister charges a fee under sub-
section (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
of sub-section (1)(a), (1)(b), (1)(c),
(1)(d) or (1)(f), by the member spouse
5
and the non-member spouse in equal
parts; and
(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
10
amount of each splittable payment that
becomes payable, by the non-member
spouse; or
(c) in the case of sub-section (1)(e) or
(1)(g), by the person who made the
15
application.".
22. Amendment of section 35
(1) Insert the following heading to section 35 of the
Public Prosecutions Act 1994--
"Pensions of Senior Crown Prosecutors and of
20
their partners and children".
(2) In section 35(1) of the Public Prosecutions Act
1994 for "spouse" (where twice occurring)
substitute "partner".
(3) After section 35(2A) of the Public Prosecutions
25
Act 1994 insert--
"(2B) A pension under this section may be
commuted in the same circumstances and to
the same extent as pensions under sections
14AC, 14AF and 14AI of the County Court
30
Act 1958 may be commuted and for that
purpose sections 14AA to 14AI of that Act
apply with such modifications as are
necessary.".
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Act No.
Part 6--Public Prosecutions Act 1994
s. 23
23. New sections 35A to 35F inserted
After section 35 of the Public Prosecutions Act
1994 insert--
"35A. Accrued benefit multiple
For the purpose of regulation 65 of the
5
Commonwealth Family Law
(Superannuation) Regulations 2001, the
Minister on the advice of an actuary
appointed by the Minister may from time to
time determine the accrued benefit multiple.
10
35B. Obligation on Minister
(1) Subject to sub-sections (5) and (6), the
Minister must comply with this section if--
(a) a superannuation agreement which
provides for a payment split; or
15
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Minister under Part VIIIB of
the Commonwealth Family Law Act 1975.
20
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
25
(c) a splitting order--
which was served on the Minister under
Part VIIIB of the Commonwealth Family
Law Act 1975 before the commencement of
the Courts Legislation (Judicial Pensions)
30
Act 2005 if the non-member spouse's
entitlements in respect of the superannuation
71
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Act No.
Part 6--Public Prosecutions Act 1994
s. 23
interest have not been satisfied as at that
commencement.
(3) If the non-member spouse has not satisfied a
relevant condition of release and the member
spouse is not receiving a pension under this
5
Act, the Minister must if the value of the
non-member spouse's entitlement in respect
of the superannuation interest at the
particular time does not exceed the value of
the member spouse's interest in the Fund--
10
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
15
superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
20
superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
25
time of the payment to an eligible
rollover fund selected by the Minister.
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
spouse is receiving a pension under this Act,
30
the Minister must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Fund--
35
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Part 6--Public Prosecutions Act 1994
s. 23
(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
the non-member spouse's entitlement in
5
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
period, transfer a lump sum amount
10
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
15
writing by the non-member spouse; or
(c) if no request is received from the non-
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
20
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible rollover fund
selected by the Minister.
(5) Sub-sections (3) and (4) do not apply if--
25
(a) the member spouse's superannuation
interest is an unsplittable interest; or
(b) a payment flag is operating in respect
of the member spouse's superannuation
interest; or
30
(c) the non-member spouse has served a
waiver notice on the Minister under
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
member spouse's superannuation
35
interest; or
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Act No.
Part 6--Public Prosecutions Act 1994
s. 23
(d) the member spouse's superannuation
interest is a payment that is not a
splittable payment under Part 2 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
5
(6) If the member spouse's superannuation
interest is a pension under this Act due to a
disability which is a splittable payment, the
Minister may determine that sub-sections (3)
and (4) do not apply.
10
(7) If the non-member spouse serves a waiver
notice on the Minister under section 90MZA
of the Commonwealth Family Law Act 1975
in respect of the member spouse's
superannuation interest, the Minister may
15
make a payment to the non-member spouse
not exceeding the value at a particular time
of the non-member spouse's entitlement in
respect of the superannuation interest less
any payments previously made by the
20
Minister to the non-member spouse in
accordance with this section.
35C. Reduction of benefit
Despite anything to the contrary in this Act,
if under section 35B an amount is paid by the
25
Minister to a non-member spouse or
transferred by the Minister on behalf of a
non-member spouse, the benefit of a member
spouse must be reduced by the Minister in
accordance with a methodology approved by
30
the Minister, on the advice of an actuary
appointed by the Minister.
74
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Act No.
Part 6--Public Prosecutions Act 1994
s. 23
35D. Minister may provide additional
information
On the application of an eligible person
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
5
the Minister may provide information
additional to the information required to be
provided under section 90MZB of that Act if
the Minister considers that the additional
information is necessary to understand the
10
member spouse's benefit entitlements.
35E. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
15
transfer under section 35B.
35F. Charging of fees
(1) The Minister may charge reasonable fees in
respect of--
(a) a payment split;
20
(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
25
Commonwealth Family Law Act 1975
terminating the operation of a payment
flag;
(e) an application under section 90MZB of
the Commonwealth Family Law Act
30
1975 for information about a
superannuation interest;
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Part 6--Public Prosecutions Act 1994
s. 23
(f) any other thing done by the Minister in
relation to a superannuation interest
covered by a superannuation
agreement, flag lifting agreement or
splitting order;
5
(g) the provision of information under
section 35D.
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
10
by notice published in the Government
Gazette.
(3) If the Minister charges a fee under sub-
section (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
15
of sub-section (1)(a), (1)(b), (1)(c),
(1)(d) or (1)(f), by the member spouse
and the non-member spouse in equal
parts; and
(b) if the fee is in respect of a payment split
20
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; or
25
(c) in the case of sub-section (1)(e) or
(1)(g), by the person who made the
application.".
__________________
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Act No.
Part 7--Supreme Court Act 1986
s. 24
See:
PART 7--SUPREME COURT ACT 1986
Act No.
110/1986.
24. Amendment of section 3 Reprint No. 5
as at
(1) In section 3(1) of the Supreme Court Act 1986 1 July 2004
and
insert the following definitions-- amending
Act No.
' "approved deposit fund" has the meaning
5 108/2004.
given by section 10(1) of the Commonwealth LawToday:
www.dms.
Superannuation Industry (Supervision) Act dpc.vic.
1993; gov.au
"domestic partner" of a person means a person
to whom the person is not married but with
10
whom, in the opinion of the Minister, the
person is, or was at the time of the person's
death, living as a couple on a genuine
domestic basis (irrespective of gender);
"eligible rollover fund" means a fund within the
15
meaning of section 242 of the
Commonwealth Superannuation Industry
(Supervision) Act 1993;
"eligible superannuation plan" means--
(a) a regulated superannuation fund; or
20
(b) an approved deposit fund; or
(c) an exempt public sector superannuation
scheme; or
(d) an RSA;
"exempt public sector superannuation scheme"
25
means a public sector superannuation
scheme within the meaning of section 10(1)
of the Commonwealth Superannuation
Industry (Supervision) Act 1993;
77
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Act No.
Part 7--Supreme Court Act 1986
s. 24
"flag lifting agreement" has the meaning given
by section 90MN of the Commonwealth
Family Law Act 1975;
"flagging order" means an order mentioned in
section 90MU(1) of the Commonwealth
5
Family Law Act 1975;
"interest" has the meaning given by section
90MD of the Commonwealth Family Law
Act 1975;
"member" means a Master;
10
"member spouse", in relation to a
superannuation interest, means the spouse
who has the superannuation interest;
"non-member spouse", in relation to a
superannuation interest, means the spouse
15
who is not the member spouse in relation to
that interest;
"partner" of a person means--
(a) in relation to a person who became
entitled to benefits under this Act
20
before the commencement of the
Courts Legislation (Judicial
Pensions) Act 2005--
(i) the person's husband, wife,
widower or widow; or
25
(ii) a person of the opposite sex who,
though not married to the person,
in the opinion of the Minister lives
with the person, or lived with the
person at the date of the person's
30
death, on a bona fide domestic
basis as the person's husband or
wife;
(b) in any other case--the person's spouse
or domestic partner;
35
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"payment flag" has the meaning given by section
90MD of the Commonwealth Family Law
Act 1975;
"regulated superannuation fund" means a
superannuation fund which complies with
5
section 19 of the Commonwealth
Superannuation Industry (Supervision) Act
1993;
"relevant condition of release" means a
condition of release mentioned in item 101,
10
102, 103 or 106 of Schedule 1 to the
Commonwealth Superannuation Industry
(Supervision) Regulations 1994;
"reversionary interest" has the meaning given
by section 90MF of the Commonwealth
15
Family Law Act 1975;
"RSA" means a retirement savings account
within the meaning of the Commonwealth
Retirement Savings Accounts Act 1997;
"specified period" means the period which is
20
specified to be the specified period in the
specified standards;
"splitting order" means an order mentioned in
section 90MT of the Commonwealth Family
Law Act 1975;
25
"spouse" of a person means a person to whom the
person is, or was at the time of the person's
death, married;
"superannuation agreement" has the meaning
given by section 90MH of the
30
Commonwealth Family Law Act 1975;
"superannuation fund" has the same meaning as
in the Commonwealth Superannuation
Industry (Supervision) Act 1993;
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"superannuation interest" means an interest that
a person has as a member of an eligible
superannuation plan, but does not include a
reversionary interest;
"unsplittable interest" has the meaning given by
5
section 90MD of the Commonwealth Family
Law Act 1975;
"value at a particular time of the non-member
spouse's entitlement in respect of the
superannuation interest" means the value
10
as determined in accordance with regulation
14G(8) of the Commonwealth Family Law
(Superannuation) Regulations 2001;
"value of the member spouse's interest in the
Fund" means the value as determined in
15
accordance with Part 5 of the
Commonwealth Family Law
(Superannuation) Regulations 2001;'.
(2) After section 3(1) of the Supreme Court Act
1986 insert--
20
'(1A) For the purposes of the definition of
"domestic partner" in sub-section (1), in
determining whether persons are or were
domestic partners of each other, all the
circumstances of their relationship are to be
25
taken into account, including any one or
more of the matters referred to in section
275(2) of the Property Law Act 1958 as
may be relevant in a particular case.
(1B) A reference to the transfer of an amount is to
30
be construed as including a reference to the
rollover of an amount.'.
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25. Amendment of references to spouses
(1) Insert the following heading to section 104A of
the Supreme Court Act 1986--
"Pension entitlements of Masters, their
partners and children".
5
(2) In section 104A of the Supreme Court Act
1986--
(a) in sub-sections (2) and (3) for "spouse"
substitute "partner";
(b) in sub-section (2) for "remarriage"
10
substitute "marriage or until the partner
becomes the domestic partner of another
person";
(c) in sub-section (3) after "place" insert "or the
domestic partnership was entered into".
15
(3) In sections 104B, 104C, 104D, 104E, 104F, 104G,
104H, 104I and 104J of the Supreme Court Act
1986 for "spouse" (wherever occurring)
substitute "partner".
(4) In sections 104D(1), 104E(2), 104H(2) and
20
104J(3) of the Supreme Court Act 1986 for
"spouse's" (wherever occurring) substitute
"partner's".
(5) In the heading to sections 104H, 104I and 104J of
the Supreme Court Act 1986 for "spouses"
25
(wherever occurring) substitute "partners".
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26. New sections 104K to 104P inserted
After section 104J of the Supreme Court Act
1986 insert--
"104K. Accrued benefit multiple
For the purpose of regulation 65 of the
5
Commonwealth Family Law
(Superannuation) Regulations 2001, the
Minister on the advice of an actuary
appointed by the Minister may from time to
time determine the accrued benefit multiple.
10
104L. Obligation on Minister
(1) Subject to sub-sections (5) and (6), the
Minister must comply with this section if--
(a) a superannuation agreement which
provides for a payment split; or
15
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
is served on the Minister under Part VIIIB of
the Commonwealth Family Law Act 1975.
20
(2) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
25
(c) a splitting order--
which was served on the Minister under
Part VIIIB of the Commonwealth Family
Law Act 1975 before the commencement of
the Courts Legislation (Judicial Pensions)
30
Act 2005 if the non-member spouse's
entitlements in respect of the superannuation
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interest have not been satisfied as at that
commencement.
(3) If the non-member spouse has not satisfied a
relevant condition of release and the member
spouse is not receiving a pension under this
5
Act, the Minister must if the value of the
non-member spouse's entitlement in respect
of the superannuation interest at the
particular time does not exceed the value of
the member spouse's interest in the Fund--
10
(a) transfer a lump sum amount equal to
the value of the non-member spouse's
entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
15
superannuation plan nominated in
writing by the non-member spouse
within the specified period; or
(b) if the non-member spouse fails to
nominate in writing an eligible
20
superannuation plan within the
specified period, transfer a lump sum
amount equal to the value of the non-
member spouse's entitlement in respect
of the superannuation interest at the
25
time of the payment to an eligible
rollover fund selected by the Minister.
(4) If the non-member spouse has satisfied a
relevant condition of release or the member
spouse is receiving a pension under this Act,
30
the Minister must if the value of the non-
member spouse's entitlement in respect of
the superannuation interest at the particular
time does not exceed the value of the
member spouse's interest in the Fund--
35
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(a) if so requested in writing by the non-
member spouse within the specified
period, pay the non-member spouse a
lump sum amount equal to the value of
the non-member spouse's entitlement in
5
respect of the superannuation interest at
the time of the payment; or
(b) if so requested in writing by the non-
member spouse within the specified
period, transfer a lump sum amount
10
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible
superannuation plan nominated in
15
writing by the non-member spouse; or
(c) if no request is received from the non-
member spouse within the specified
period, transfer a lump sum amount
equal to the value of the non-member
20
spouse's entitlement in respect of the
superannuation interest at the time of
the payment to an eligible rollover fund
selected by the Minister.
(5) Sub-sections (3) and (4) do not apply if--
25
(a) the member spouse's superannuation
interest is an unsplittable interest; or
(b) a payment flag is operating in respect
of the member spouse's superannuation
interest; or
30
(c) the non-member spouse has served a
waiver notice on the Minister under
section 90MZA of the Commonwealth
Family Law Act 1975 in respect of the
member spouse's superannuation
35
interest; or
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(d) the member spouse's superannuation
interest is a payment that is not a
splittable payment under Part 2 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
5
(6) If the member spouse's superannuation
interest is a pension under this Act due to a
disability which is a splittable payment, the
Minister may determine that sub-sections (3)
and (4) do not apply.
10
(7) If the non-member spouse serves a waiver
notice on the Minister under section 90MZA
of the Commonwealth Family Law Act 1975
in respect of the member spouse's
superannuation interest, the Minister may
15
make a payment to the non-member spouse
not exceeding the value at a particular time
of the non-member spouse's entitlement in
respect of the superannuation interest less
any payments previously made by the
20
Minister to the non-member spouse in
accordance with this section.
104M. Reduction of benefit
Despite anything to the contrary in this Act,
if under section 104L an amount is paid by
25
the Minister to a non-member spouse or
transferred by the Minister on behalf of a
non-member spouse, the benefit of a member
spouse must be reduced by the Minister in
accordance with a methodology approved by
30
the Minister, on the advice of an actuary
appointed by the Minister.
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104N. Minister may provide additional
information
On the application of an eligible person
within the meaning of section 90MZB(8) of
the Commonwealth Family Law Act 1975,
5
the Minister may provide information
additional to the information required to be
provided under section 90MZB of that Act if
the Minister considers that the additional
information is necessary to understand the
10
member spouse's benefit entitlements.
104O. Commutation rights not affected
The entitlement of a person to convert or
commute a benefit or pension under this Act
is not affected by the making of a payment or
15
transfer under section 104L.
104P. Charging of fees
(1) The Minister may charge reasonable fees in
respect of--
(a) a payment split;
20
(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
25
Commonwealth Family Law Act 1975
terminating the operation of a payment
flag;
(e) an application under section 90MZB of
the Commonwealth Family Law Act
30
1975 for information about a
superannuation interest;
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(f) any other thing done by the Minister in
relation to a superannuation interest
covered by a superannuation
agreement, flag lifting agreement or
splitting order;
5
(g) the provision of information under
section 104N.
(2) Fees charged under sub-section (1) must not
exceed the maximum levels of fees fixed by
the Minister for the purposes of this section
10
by notice published in the Government
Gazette.
(3) If the Minister charges a fee under sub-
section (1), the fee is payable--
(a) unless paragraph (b) applies, in the case
15
of sub-section (1)(a), (1)(b), (1)(c),
(1)(d) or (1)(f), by the member spouse
and the non-member spouse in equal
parts; and
(b) if the fee is in respect of a payment split
20
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; or
25
(c) in the case of sub-section (1)(e) or
(1)(g), by the person who made the
application.".
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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