Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 (112 of 2020)

Schedule 3   Consequential amendments

Defence Forces Retirement Benefits Act 1948

20   Section 80A (definition of family law value)

Repeal the definition, substitute:

family law value means:

(a) in relation to a superannuation interest within the meaning of Part VIIIB of the Family Law Act 1975 - the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90XT(2)(a) of that Act; or

(b) in relation to a superannuation interest within the meaning of Part VIIIC of the Family Law Act 1975 - the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90YY(2)(a) of that Act.

In applying regulations referred to in paragraph (a) or (b), the relevant date is taken to be the date on which the operative time occurs.

Note: This amount is determined by applying those regulations, whether or not an order has been made under subsection 90XT(1) or 90YY(1) (as the case may be) of the Family Law Act 1975.