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Family Law (Superannuation) (Provision of Information - NSW Parliamentary Contributory Superannuation Scheme) Determination 2010

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Family Law (Superannuation) (Provision of Information — NSW Parliamentary Contributory Superannuation Scheme) Determination 20101
Family Law (Superannuation) Regulations 2001
I, ROBERT MCCLELLAND, Attorney-General, make this Determination under subregulations 64 (7) and (7B) of the Family Law (Superannuation) Regulations 2001.
Dated 21 December 2010
ROBERT MCCLELLAND
Attorney-General
Contents
                        1     Name of Determination                                                                         2
                        2     Commencement                                                                                  2
                        3     Definitions                                                                                           2
                        4     Application of Determination                                                                 2
                        5     Provision of information by trustee                                                         3
 
 
1              Name of Determination
                This Determination is the Family Law (Superannuation) (Provision of Information — NSW Parliamentary Contributory Superannuation Scheme) Determination 2010.
2              Commencement
                This Determination commences on the day after it is registered.
3              Definitions
         (1)   In this Determination:
M & F Approval means the Family Law (Superannuation) (Methods and Factors for Valuing Particular Superannuation Interests) Approval 2003.
PCS Act means the Parliamentary Contributory Superannuation Act 1971 (NSW).
PCS Scheme means the Parliamentary Contributory Superannuation Scheme established by the PCS Act.
Regulations means the Family Law (Superannuation) Regulations 2001.
         (2)   For this Determination, a reference to ‘the relevant date’ in the definition of a factor in the M & F Approval mentioned in column 4 of an item of the table in section 5 is to be read as if it were a reference to ‘the appropriate date’.
4              Application of Determination
                This Determination applies to a superannuation interest in the PCS Scheme for which a method and factors have been approved under Part 10 of Schedule 2 to the M & F Approval.
5              Provision of information by trustee
                In relation to a superannuation interest mentioned in an item in the following table:
                (a)    for paragraphs 64 (7) (a) and (7B) (a) of the Regulations, the trustee of the PCS Scheme is not required to provide the information about the interest mentioned in column 3 of the item; and
               (b)    for paragraphs 64 (7) (b) and (7B) (b) of the Regulations, the trustee of the PCS Scheme must provide the information about the interest mentioned in column 4 of the item.
Item
Superannuation Interest
Information not required to be provided
Information that must be provided

1
An interest mentioned in clause 2 of Part 10 of Schedule 2 to the M & F Approval
The information mentioned in paragraphs 64 (4) (a) to (i) of the Regulations
 

2
An interest mentioned in clause 10 of Part 10 of Schedule 2 to the M & F Approval
The information mentioned in subparagraphs 64 (3) (b) (ii), (iv) and (v) of the Regulations
The following information:
   (a)  CP and R (as those terms are defined in the table in clause 10 of Part 10 of Schedule 2 to the M & F Approval);
   (b)  the date of birth of the person who has the interest

3
An interest mentioned in clause 11 of Part 10 of Schedule 2 to the M & F Approval
The information mentioned in subparagraphs 64 (3) (b) (ii), (iv) and (v) of the Regulations
The following information:
   (a)  P and R (as those terms are defined in the table in clause 11 of Part 10 of Schedule 2 to the M & F Approval);
   (b)  the date of birth of the person who has the interest

4
An interest mentioned in clause 12 of Part 10 of Schedule 2 to the M & F Approval
The information mentioned in paragraphs 64 (4A) (a) to (c) of the Regulations
The following information:
   (a)  P and R (as those terms are defined in the table in clause 12 of Part 10 of Schedule 2 to the M & F Approval);

 
 
 
   (b)  the date of birth of the person who has the interest

5
An interest mentioned in clause 13 of Part 10 of Schedule 2 to the M & F Approval
 
The following information:
   (a)  CP, P and R (as those terms are defined in the table in clause 13 of Part 10 of Schedule 2 to the M & F Approval);
   (b)  the date of birth of the person who has the interest

6
An interest mentioned in clause 14 of Part 10 of Schedule 2 to the M & F Approval
 
The following information:
   (a)  P and R (as those terms are defined in the table in clause 14 of Part 10 of Schedule 2 to the M & F Approval);
   (b)  the date of birth of the person who has the interest

Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.