Corporations Regulations 2001

CHAPTER 10 - REPEALS, TRANSITIONAL MATTERS AND APPLICATION PROVISIONS  

PART 10.2 - TRANSITIONAL ARRANGEMENTS RELATING TO FINANCIAL SERVICES REFORM LEGISLATION  

Division 44 - Superannuation to which arrangements apply under the Family Law Act 1975  

REGULATION 10.2.205   APPLICATION OF AMENDMENTS  

10.2.205(1)   [ Application]  

For section 1444 of the Act, this regulation applies in relation to a regulated principal.

10.2.205(2)   [ Family Law Legislation Amendment (Superannuation) Act 2001]  

Subject to subregulation (3), on and after the FSR commencement, the regulated principal must deal with a matter to which the Family Law Legislation Amendment (Superannuation) Act 2001 applies as if:

(a) all amendments of the SIS Act enacted before the FSR commencement were in force on the FSR commencement; and

(b) all amendments of the SIS Regulations enacted before the FSR commencement were in force on the FSR commencement; and

(c) all amendments of the RSA Act enacted before the FSR commencement were in force on the FSR commencement; and

(d) all amendments of the RSA Regulations enacted before the FSR commencement were in force on the FSR commencement; and

(e) all amendments of the Family Law (Superannuation) Regulations 2001 enacted before the FSR commencement were in force on the FSR commencement.

10.2.205(3)   [ Limitation]  

Subregulation (2) applies only to the extent that dealing with a matter in accordance with that subregulation is not inconsistent with compliance with:

(a) the following provisions, and any associated provisions:

(i) section 153, and all the provisions of Divisions 3 and 4 of Part 19, of the Superannuation Industry (Supervision) Act 1993 as in force immediately before the FSR commencement;

(ii) the version of section 153A of that Act that was provided for in Modification Declaration no. 15 as in force immediately before the FSR commencement, being a declaration of modification made under section 332 of that Act; and

(b) section 51, and all the provisions of Divisions 4 and 5 of Part 5, of the Retirement Savings Accounts Act 1997 as in force immediately before the FSR commencement, and any associated provisions.