Superannuation Industry (Supervision) Regulations 1994
PART 6
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PAYMENT STANDARDS
Division 6.2
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Payment of benefits
REGULATION 6.17AA
6.17AA
PAYMENTS PREVENTED UNDER FAMILY LAW ACT 1975
If a trustee of a regulated superannuation fund or an approved deposit fund does not make a payment in accordance with the standard set out in subregulation 6.17(2) because the trustee is prevented from doing so: (a) under subsection 90XL(4) or 90YP(4) of the Family Law Act 1975 ; or (b) by an order made under subsection 90XU(1) or 90YZ(1) of the Family Law Act 1975 ;
If a trustee of a regulated superannuation fund or an approved deposit fund does not make a payment in accordance with the standard set out in subregulation 6.17(2) because the trustee is prevented from doing so: (a) under subsection 90XL(4) or 90YP(4) of the Family Law Act 1975 ; or (b) by an order made under subsection 90XU(1) or 90YZ(1) of the Family Law Act 1975 ;
the trustee is not in breach of the standard.
Note 1:
Subsections 90XL(4) and 90YP(4) of the Family Law Act 1975 provide that while a payment flag is operating on a superannuation interest, the trustee must not make any splittable payment to any person in respect of the interest.
Note 2:
Subsections 90XU(1) and 90YZ(1) of the Family Law Act 1975 provide that a court may make an order in relation to a superannuation interest directing the trustee not to make a splittable payment in respect of the interest without the leave of the court.
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