Corporations Regulations 2001
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
Modifying legislative instruments: The application of Pt 7.9 is affected by the ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.9, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
For paragraph 1017D(5)(g) of the Act, this regulation applies if: (a) an interest in a superannuation product is subject to a base amount payment split; and (b) the interest is not a percentage-only interest; and (c) the interest is in the growth phase; and (d) none of the following has occurred under Part 7A of the SIS Regulations:
(i) a new membership interest has been created for the non-member spouse in relation to the payment split;
(ii) the transferable benefits of the non-member spouse have been transferred or rolled out of the superannuation fund;
(iii) the amount to which the non-member spouse is entitled under the payment split has been paid, as a lump sum, to the non-member spouse.
7.9.92(2)
This regulation also applies if: (a) an interest in an RSA is subject to a base amount payment split; and (b) the interest is in the growth phase; and (c) none of the following has occurred under Part 4A of the RSA Regulations:
(i) a new RSA has been opened for the non-member spouse;
(ii) the transferable benefits of the non-member spouse have been transferred or rolled out of the RSA;
(iii) the amount to which the non-member spouse is entitled under the payment split has been paid, as a lump sum, to the non-member spouse.
7.9.92(3)
The periodic statement for the member spouse and the non-member spouse must include the following information: (a) the value of the adjusted base amount applicable to the non-member spouse at the end of the reporting period; (b) the amount of the adjustment in the reporting period; (c) the method used to calculate the adjustment, including the applicable interest rate required under regulation 48 of the Family Law (Superannuation) Regulations 2001 .
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