Superannuation Industry (Supervision) Regulations 1994

PART 6 - PAYMENT STANDARDS  

Division 6.2 - 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 90ML(4) of the Family Law Act 1975 ; or

(b) by an order made under subsection 90MU(1) of the Family Law Act 1975 ;

the trustee is not in breach of the standard.

Note: Subsection 90ML(4) of the Family Law Act 1975 provides 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. Subsection 90MU(1) of the Family Law Act 1975 provides 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.