Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Part
—
“ex-spouse” , in relation to a Member
in relation to whose superannuation interest a splitting instrument has been
served on the Board, means the other party to the marriage in relation to
which the splitting instrument was made;
"splitting instrument" means —
(a) a
splitting order; or
(b) a
superannuation agreement that provides for a payment split; or
(c) a
flag lifting agreement that provides for a payment split;
“superannuation interest” means a
superannuation interest (as defined in the Family Law Act section 90MD)
in a scheme under the Act other than an unsplittable interest;
“value” , in relation to the
superannuation interest of an ex-spouse, means the value of that interest
determined in accordance with the Family Law (Superannuation) Regulations 2001
(Commonwealth) regulation 14G.
(2) In this Part the
following terms each have the meaning given in the Family Law Act
section 90MD —
(a)
"flag lifting agreement";
(b)
subject to subregulation (3), "operative time” ;
(c)
"payment split";
(d)
"splitting order";
(e)
"superannuation agreement";
(f)
"unsplittable interest".
(3) If —
(a) a
splitting instrument is served on the Board before 1 February 2008;
and
(b) the
time that would, but for this subregulation, be the operative time in relation
to that splitting instrument is before 1 February 2008,
then the operative
time in relation to that splitting instrument is 1 February 2008.
[Regulation 219A inserted in Gazette
18 Jan 2008 p. 150-1.]