the Family Court of Western Australia; or

(b) the Magistrates Court of Western Australia sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA)).

the Family Court of Western Australia;

(b) the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia, sitting at a place outside the metropolitan region (within the meaning of the Family Court Act 1997 (WA));

the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, sitting at any place in Western Australia.

(a) the application is made within the period (the standard application period) of:

2 years after the end of the de facto relationship; or

12 months after a Western Australian financial agreement (within the meaning of Part VIIIC) between the parties to the de facto relationship was set aside, or found to be invalid, as the case may be; or

both parties to the de facto relationship consent to the application.

the Parliament of Western Australia has referred to the Parliament of the Commonwealth superannuation matters relating to de facto partners arising out of the breakdown of de facto relationships; and

the referral of the superannuation matters is made:

for the purposes of paragraph 51(xxxvii) of the Constitution; and

to the extent that the superannuation matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution).

any other law of the Commonwealth;

any law of a State or Territory;

anything in a trust deed or other instrument.

a superannuation fund within the meaning of the SIS Act;

an approved deposit fund;

an RSA;

(d) an account within the meaning of the Small Superannuation Accounts Act 1995;

(e) a superannuation annuity (within the meaning of the Income Tax Assessment Act 1997).

in relation to a payment split under a superannuation agreement or flag lifting agreement—has the meaning given by section 90YM; or

in relation to a payment flag under a superannuation agreement—has the meaning given by section 90YO or paragraph 90YQ(2)(c) as appropriate; or

in relation to a payment split under a court order—means the time specified in the order.

the application of section 90YP in relation to a superannuation interest; or

the application of a flagging order in relation to a superannuation interest.

the application of section 90YN in relation to a splittable payment; or

the application of a splitting order in relation to a splittable payment.

is the Commonwealth, a State or a Territory; and

is a trustee only because of the operation of section 90YF.

if the plan is a fund that has a trustee (within the ordinary meaning of that word)—the trustee of the plan; or

if paragraph (a) does not apply and a person is identified in accordance with the regulations as the trustee of the plan for the purposes of this definition—the person identified in accordance with the regulations; or

in any other case—the person who manages the plan.

a payment to the party;

a payment to another person for the benefit of the party;

a payment to the legal personal representative of the party, after the death of the party;

a payment to a reversionary beneficiary, after the death of the party;

a payment to the legal personal representative of a reversionary beneficiary covered by paragraph (d), after the death of the reversionary beneficiary.

generally (that is, for the purposes of all payment splits in respect of a superannuation interest); or

only for the purposes of applying this Part to a particular payment split in respect of a superannuation interest.

it meets the requirements set out in subsection 90YS(3); and

it has not been set aside by a court and has not been terminated.

(a) 2 people (the couple) have made a superannuation agreement within the meaning of Part VIIIB (the Part VIIIB superannuation agreement) that is included in a Part VIIIAB financial agreement; and

(b) at a later time after the commencement of this section (the transition time), the couple’s circumstances change so that:

if the de facto relationship has not broken down—sections 90YZB and 90YZC would not prevent a court from making an order or declaration under this Part in relation to the de facto relationship if the de facto relationship were to break down; or

if the de facto relationship has broken down—sections 90YZB and 90YZC do not prevent a court from making an order or declaration under this Part in relation to the de facto relationship; and

immediately before the transition time:

the Part VIIIB superannuation agreement was in force; and

the couple were not married to each other; and

as at the transition time, the Part VIIIAB financial agreement is taken, under a law of Western Australia, to be a Western Australian financial agreement.

for a payment split under a superannuation agreement if a separation declaration is not part of the superannuation agreement—a separation declaration; and

if the agreement specifies a method for calculating a base amount—a document setting out the amount calculated using that method; and

if a form of declaration is prescribed for the purposes of this paragraph—a declaration in that form.

the interest is identified in a superannuation agreement or flag lifting agreement; and

if the interest is a percentage-only interest—the agreement does one of the following:

it specifies a percentage that is to apply for the purposes of this subparagraph;

it specifies a percentage that is to apply to all splittable payments in respect of the interest; and

if the interest is not a percentage-only interest—the agreement does one of the following:

it specifies an amount as a base amount in relation to the interest for the purposes of this Part;

it specifies a method by which such a base amount can be calculated at the time when the agreement is served on the trustee under section 90YM;

it specifies a percentage that is to apply to all splittable payments in respect of the interest; and

the agreement is in force at the operative time; and

the de facto relationship to which the agreement relates is broken down at the operative time; and

the interest is not an unsplittable interest.

the non-member spouse is entitled to be paid the amount (if any) that is calculated under subsection (4); and

there is a corresponding reduction in the entitlement of the person to whom the splittable payment would have been made but for the payment split.

if the agreement specifies a percentage as mentioned in subparagraph (1)(b)(ii) or (c)(iii)—the amount is calculated by applying the specified percentage to the splittable payment;

otherwise—the amount is calculated in accordance with the regulations.

the service time, if the eligible superannuation plan is a self-managed superannuation fund; or

otherwise, the beginning of the fourth business day after the day on which the service time occurs.

a separation declaration with a declaration time that is not more than 28 days before the service on the trustee; and

if a form of declaration is prescribed for the purposes of this paragraph—a declaration in that form.

the interest is identified in a superannuation agreement; and

the agreement provides that the interest is to be subject to a payment flag under this Part; and

the agreement is in force at the operative time; and

the interest is not an unflaggable interest.

a court terminates the operation of the payment flag by an order mentioned in section 90YR; or

a flag lifting agreement is served on the trustee as mentioned in section 90YM in respect of the superannuation interest.

the payment flag nevertheless continues to operate; and

the legal personal representative of the deceased party has all the rights the deceased party would have had in respect of the payment flag.

(a) a superannuation interest (original interest) a person has in an eligible superannuation plan (old ESP) is identified in a superannuation agreement; and

a payment flag under section 90YP is operating on the original interest; and

(c) a splittable payment is made by the trustee of the old ESP to the trustee of another eligible superannuation plan (new ESP) in respect of the original interest as part of a successor fund transfer.

the new interest in the new ESP is taken to be the original interest identified in the superannuation agreement; and

the payment flag operates on the new interest; and

despite the trustee of the new ESP is made.section 90YO, the operative time for the payment flag in respect of the new interest is the time that the payment to

the new ESP confers on the person, in relation to the new interest, equivalent rights to the rights the person had in relation to the original interest; and

before the transfer, the trustee of the new ESP had agreed with the trustee of the old ESP to the conferral of such rights.

provides that the flag is to cease operating without any payment split; or

specifies an amount, method or percentage in accordance with subsection 90YN(1).

the agreement must be signed by both parties to the de facto relationship;

for each party, the agreement must contain a statement that the party has been provided with independent legal advice from a legal practitioner as to the legal effect of the agreement;

a certificate must be attached to the agreement, signed by the person who provided the legal advice and stating that the advice was provided;

after the agreement is signed by the parties, each party must be provided with a copy of the agreement.

the agreement was obtained by fraud (including non-disclosure of a material matter); or

a party to the agreement entered into the agreement:

for the purpose, or for purposes that included the purpose, of defrauding or defeating a creditor or creditors of the party; or

with reckless disregard of the interests of a creditor or creditors of the party; or

(c) a party (the agreement party) to the agreement entered into the agreement:

(i) for the purpose, or for purposes that included the purpose, of defrauding another person who is a party to a de facto relationship (the other de facto relationship) with a party to the agreement; or

(ii) for the purpose, or for purposes that included the purpose, of defeating the interests of that other person in relation to any possible or pending application for an order under Family Court Act 1997 (WA), or a declaration under section 90SL of this Act or section 205ZA of the Family Court Act 1997 (WA), in relation to the other de facto relationship; orsection 90SM or 90YX of this Act or section 205ZG of the

with reckless disregard of those interests of that other person; or

(d) a party (the agreement party) to the agreement entered into the agreement:

for the purpose, or for purposes that included the purpose, of defrauding another person who is a party to a marriage with a party to the agreement; or

for the purpose, or for purposes that included the purpose, of defeating the interests of that other person in relation to any possible or pending application for an order under section 79, or a declaration under section 78, in relation to the marriage (or void marriage); or

with reckless disregard of those interests of that other person; or

the agreement is void, voidable or unenforceable; or

in the circumstances that have arisen since the agreement was made it is impracticable for the agreement or a part of the agreement to be carried out; or

since the making of the agreement, a material change in circumstances has occurred (being circumstances relating to the care, welfare and development of a child of the de facto relationship) and, as a result of the change, the child or, if the applicant has caring responsibility for the child (as defined in subsection (6)), a party to the agreement will suffer hardship if the court does not set the agreement aside; or

a party to the agreement engaged in conduct that was, in all the circumstances, unconscionable; or

the agreement covers at least one superannuation interest that is an unsplittable interest for the purposes of this Part.

the person is a parent of the child with whom the child lives; or

a parenting order provides that:

the child is to live with the person; or

the person has parental responsibility for the child.

the superannuation interest is covered by a superannuation agreement that is in force; or

the non-member spouse has served a waiver notice on the trustee under section 90YZQ in respect of the interest; or

a payment flag is operating on the superannuation interest.

the parties lived in a de facto relationship; and

the parties separated and thereafter lived separately and apart for a continuous period of at least 12 months immediately before the declaration time; and

in the opinion of the party (or parties) making the declaration, there is no reasonable likelihood of cohabitation being resumed.

if section 90YV applies to the declaration—that:

the parties lived in a de facto relationship; but

at the most recent time when both parties were alive, the parties were separated and had lived separately and apart for a continuous period of at least 12 months immediately before that time; or

if section 90YV does not apply to the declaration—that the parties:

lived in a de facto relationship; but

were separated at the most recent time when both parties were alive.

their cohabitation was brought to an end by the action or conduct of one only of them; or

they have continued to reside in the same residence; or

either of them has rendered some household services to the other.

the periods of living separately and apart before and after the period of cohabitation may be aggregated as if they were one continuous period; but

the period of cohabitation shall not be taken to be part of the period of living separately and apart.

if both parties to the de facto relationship are alive at the declaration time—at the declaration time; or

otherwise—at the most recent time when both parties to the de facto relationship were alive;

if the interest is not a percentage-only interest—an order to the effect that, whenever a splittable payment becomes payable in respect of the interest:

the non-member spouse is entitled to be paid the amount (if any) calculated in accordance with the regulations; and

there is a corresponding reduction in the entitlement of the person to whom the splittable payment would have been made but for the order;

an order to the effect that, whenever a splittable payment becomes payable in respect of the interest:

the non-member spouse is entitled to be paid a specified percentage of the splittable payment; and

there is a corresponding reduction in the entitlement of the person to whom the splittable payment would have been made but for the order;

if the interest is a percentage-only interest—an order to the effect that, whenever a splittable payment becomes payable in respect of the interest:

the non-member spouse is entitled to be paid the amount (if any) calculated in accordance with the regulations by reference to the percentage specified in the order; and

there is a corresponding reduction in the entitlement of the person to whom the splittable payment would have been made but for the order;

such other orders as the court thinks necessary for the enforcement of an order under paragraph (a), (b) or (c).

if the regulations provide for the determination of an amount in relation to the interest, the court must determine the amount in accordance with the regulations;

otherwise, the court must determine the value of the interest by such method as the court considers appropriate.

directing the trustee not to make any splittable payment in respect of the interest without the leave of the court; and

requiring the trustee to notify the member spouse and the non-member spouse, within a period specified in the order, of the next occasion when a splittable payment becomes payable in respect of the interest.

the new ESP confers on the person, in relation to the new interest, equivalent rights to the rights the person had in relation to the original interest; and

before the transfer, the trustee of the new ESP had agreed with the trustee of the old ESP to the conferral of such rights.

that one or both of the parties to the application were resident in Western Australia on the day on which the application was made; and

that:

both parties have resided in Western Australia for at least one third of the duration of their de facto relationship; or

(ii) substantial contributions of the kind referred to in paragraph 205ZG(4)(a), (b) or (c) of the Family Court Act 1997 (WA) have been made in the State by the applicant.

that there has been a de facto relationship between the parties to the de facto relationship for at least 2 years; or

(b) that there is a child (within the meaning of the Family Court Act 1997 (WA)) of the de facto relationship and failure to make the order would result in serious injustice to the partner caring or responsible for the child; or

(c) that the party to the de facto relationship who applies for the order made substantial contributions of a kind mentioned in paragraph 205ZG(4)(a), (b) or (c) of the Family Court Act 1997 (WA) and failure to make the order would result in serious injustice to that party.

the financial contribution made directly or indirectly by or on behalf of a party to the de facto relationship, or a child of the de facto relationship:

to the acquisition, conservation or improvement of any of the property of the parties to the de facto relationship or either of them; or

otherwise in relation to any of that last-mentioned property;

the contribution (other than a financial contribution) made directly or indirectly by or on behalf of a party to the de facto relationship, or a child of the de facto relationship:

to the acquisition, conservation or improvement of any of the property of the parties to the de facto relationship or either of them; or

otherwise in relation to any of that last-mentioned property;

the contribution made by a party to the de facto relationship to the welfare of the family constituted by the parties to the de facto relationship and any children of the de facto relationship, including any contribution made in the capacity of homemaker or parent; and

the effect of any proposed order upon the earning capacity of either party to the de facto relationship; and

the following matters, so far as they are relevant:

(i) the age and state of health of each of the parties to the de facto relationship (the subject de facto relationship);

the income, property and financial resources of each of the parties and the physical and mental capacity of each of them for appropriate gainful employment;

whether either party has the care or control of a child of the subject de facto relationship who has not attained the age of 18 years;

commitments of each of the parties that are necessary to enable the party to support themselves and a child or another person that the party has a duty to maintain;

the responsibilities of either party to support any other person;

the eligibility of either party for a pension, allowance or benefit under any law of the Commonwealth, of a State or Territory or of another country or under any superannuation fund or scheme (whether the fund or scheme was established, or operates, within or outside Australia) and the rate of any such pension, allowance or benefit being paid to either party;

a standard of living that in all the circumstances is reasonable;

the effect of any proposed order on the ability of a creditor of a party to recover the creditor’s debt, so far as that effect is relevant;

the duration of the subject de facto relationship and the extent to which it has affected the earning capacity of the parties to the subject de facto relationship;

the need to protect a party who wishes to continue that party’s role as a parent;

if either party is cohabiting with another person—the financial circumstances relating to the cohabitation; and

(f) the terms of any other order made or proposed to be made under Family Court Act 1997 (WA) in relation to vested bankruptcy property in relation to a bankrupt de facto party to the subject de facto relationship; andsection 205ZG of the

(g) the terms of any other order or declaration made, or proposed to be made, under Family Court Act 1997 (WA) in relation to vested bankruptcy property in relation to:Part 5A of the

a party to the subject de facto relationship (in relation to another de facto relationship); or

a person who is a party to another de facto relationship with a party to the subject de facto relationship; and

the terms of any order or declaration made, or proposed to be made, under Part VIII of this Act in relation to vested bankruptcy property in relation to:

a party to the subject de facto relationship; or

a person who is a party to a marriage with a party to the subject de facto relationship; and

(i) any other order made under Family Court Act 1997 (WA) affecting a party to the subject de facto relationship or a child of the subject de facto relationship; andPart 5A of the

(j) any child support under the Child Support (Assessment) Act 1989 that a party to the subject de facto relationship has provided, is to provide, or might be liable to provide in the future, for a child of the subject de facto relationship; and

any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account; and

the terms of any Part VIIIAB financial agreement that is binding on either or both of the parties to the subject de facto relationship; and

the terms of any financial agreement that is binding on a party to the subject de facto relationship; and

the terms of any Western Australian financial agreement that is binding on a party to the subject de facto relationship.

that there is likely to be a significant change in the financial circumstances of the parties to the de facto relationship or either of them and that, having regard to the time when that change is likely to take place, it is reasonable to adjourn the proceedings; and

that an order that the court could make with respect to:

the superannuation interests of the parties to the de facto relationship or either of them; or

any vested bankruptcy property in relation to a bankrupt de facto party to the de facto relationship;

the superannuation interests of the parties to the de facto relationship or either of them; or

any vested bankruptcy property in relation to a bankrupt party to the de facto relationship;

a superannuation interest of the parties to the de facto relationship or of either of them; or

any vested bankruptcy property in relation to a bankrupt party to the de facto relationship.

is a contributor to a superannuation fund or scheme, or participates in any scheme or arrangement that is in the nature of a superannuation scheme; or

may become entitled to property as the result of the exercise in the party’s favour, by the trustee of a discretionary trust, of a power to distribute trust property;

the proceedings may be continued by or against, as the case may be, the legal personal representative of the deceased party and the Western Australian Rules of Court may make provision in relation to the substitution of the legal personal representative as a party to the proceedings; and

if the court is of the opinion:

that it would have made an order with respect to a superannuation interest if the deceased party had not died; and

that it is still appropriate to make an order with respect to a superannuation interest;

a superannuation interest of the parties to the de facto relationship or either of them; or

any vested bankruptcy property in relation to a bankrupt de facto party to the de facto relationship; and

an order made by the court pursuant to paragraph (b) may be enforced on behalf of, or against, as the case may be, the estate of the deceased party.

(a) the parties to the proceedings have attended a conference in relation to the matter to which the proceedings relate with a person referred to in paragraph 205ZG(9)(a) of the Family Court Act 1997 (WA); or

the court is satisfied that, having regard to the need to make an order urgently, or to any other special circumstance, it is appropriate to make the order notwithstanding that the parties to the proceedings have not attended a conference as mentioned in paragraph (a) of this subsection; or

the court is satisfied that it is not practicable to require the parties to the proceedings to attend a conference as mentioned in paragraph (a) of this subsection.

a creditor of a party to the proceedings if the creditor may not be able to recover the creditor’s debt if the order were made;

a person:

(i) who is a party to a de facto relationship (the other de facto relationship) with a party to the subject de facto relationship; and

who could apply, or has an application pending, for an order under section 90YX in relation to the other de facto relationship;

a person who is a party to a Part VIIIAB financial agreement (that is binding on the person) or a Western Australian financial agreement with a party to the subject de facto relationship;

a person:

who is a party to a marriage with a party to the subject de facto relationship; and

who could apply, or has an application pending, for an order under section 79, or a declaration under section 78, in relation to the marriage (or void marriage);

a person who is a party to a financial agreement (that is binding on the person) with a party to the subject de facto relationship;

any other person whose interests would be affected by the making of the order.

(a) if the party is a bankrupt—to the extent to which the debt is a provable debt (within the meaning of the Bankruptcy Act 1966); or

if the party is a debtor subject to a personal insolvency agreement—to the extent to which the debt is covered by the personal insolvency agreement.

an order under section 79; or

a declaration under section 78;

an application is made for an order under section 90YX in proceedings between the parties to a de facto relationship with respect to a superannuation interest of either or both of the parties; and

either of the following subparagraphs apply to a party to the de facto relationship:

when the application was made, the party was a bankrupt;

after the application was made but before it is finally determined, the party became a bankrupt; and

the bankruptcy trustee applies to the court to be joined as a party to the proceedings; and

the court is satisfied that the interests of the bankrupt’s creditors may be affected by the making of an order under section 90YX in the proceedings;

an application is made for an order under section 90YX in proceedings between the parties to a de facto relationship with respect to a superannuation interest of either or both of the parties; and

(b) either of the following subparagraphs apply to a party to the de facto relationship (the debtor party):

when the application was made, the party was a debtor subject to a personal insolvency agreement;

after the application was made but before it is finally determined, the party becomes a debtor subject to a personal insolvency agreement; and

the trustee of the agreement applies to the court to be joined as a party to the proceedings; and

the court is satisfied that the interests of the debtor party’s creditors may be affected by the making of an order under this section in the proceedings;

the application is withdrawn or dismissed; or

an order (other than an interim order) is made as a result of the application.

there has been a miscarriage of justice by reason of fraud, duress, suppression of evidence (including failure to disclose relevant information), the giving of false evidence or any other circumstance; or

in the circumstances that have arisen since the order was made it is impracticable for the order to be carried out or impracticable for a part of the order to be carried out; or

a person has defaulted in carrying out an obligation imposed on the person by the order and, in the circumstances that have arisen as a result of that default, it is just and equitable to vary the order or to set the order aside and make another order in substitution for the order; or

in the circumstances that have arisen since the making of the order, being circumstances of an exceptional nature relating to the care, welfare and development of a child of the de facto relationship, the child or, where the applicant has caring responsibility for the child (as defined in subsection (3)), the applicant, will suffer hardship if the court does not vary the order or set the order aside and make another order in substitution for the order; or

a proceeds of crime order has been made covering property of the parties to the de facto relationship or either of them, or a proceeds of crime order has been made against a party to the de facto relationship;

the person is a parent of the child with whom the child lives; or

a parenting order provides that:

the child is to live with the person; or

the person has parental responsibility for the child.

the proceedings may be continued by or against, as the case may be, the legal personal representative of the deceased party and the Western Australian Rules of Court may make provision in relation to the substitution of the legal personal representative as a party to the proceedings; and

if the court is of the opinion:

that it would have exercised its powers under subsection (1) or (2) of this section in relation to the order if the deceased party had not died; and

that it is still appropriate to exercise its powers under subsection (1) or (2) of this section in relation to the order;

an order varied or made by the court pursuant to paragraph (b) may be enforced on behalf of, or against, as the case may be, the estate of the deceased party.

an order is made by a court under section 90YX in proceedings with respect to a superannuation interest of the parties to a de facto relationship or either of them; and

either of the following subparagraphs apply to a party to the de facto relationship:

when the order was made, the party was a bankrupt;

after the order was made, the party became a bankrupt;

a party to a de facto relationship is a bankrupt; and

an order is made by a court under section 90YX in proceedings with respect to any vested bankruptcy property in relation to the bankrupt party;

an order is made by a court under section 90YX in proceedings with respect to a superannuation interest of the parties to a de facto relationship or either of them; and

either of the following subparagraphs apply to a party to the de facto relationship:

when the order was made, the party was a debtor subject to a personal insolvency agreement;

after the order was made, the party became a debtor subject to a personal insolvency agreement;

applies for an order under this Division; or

is a party to a proceeding for an order under this Division;

is a party to a de facto relationship that has broken down; and

is a party to a proceeding for an application under section 90YX or 90YZE; and

before that application is finally determined, becomes a bankrupt;

is a party to a de facto relationship that has broken down; and

is a party to a proceeding for an application under section 90YX or 90YZE; and

before that application is finally determined, becomes a debtor subject to a personal insolvency agreement;

is a party to a de facto relationship that has broken down; and

is a party to a proceeding for an application under section 90YX or 90YZE; and

(c) before that application is finally determined, becomes a party to a proceeding before the Federal Court or the Federal Circuit Court of Australia under the Bankruptcy Act 1966 that relates to:

the bankruptcy of the person; or

the person’s capacity as a debtor subject to a personal insolvency agreement;

is the bankruptcy trustee of a bankrupt party to a de facto relationship that has broken down; and

(b) applies under Bankruptcy Act 1966 for an order under Division 4A of Part VI of that Act;section 139A of the

the application is withdrawn or dismissed; or

an order (other than an interim order) is made as a result of the application.

is the bankruptcy trustee of a bankrupt party to a de facto relationship; and

(b) applies under Bankruptcy Act 1966 for an order under Division 4A of Part VI of that Act in relation to an entity (other than the other party to the de facto relationship);section 139A of the

that the de facto relationship has broken down; and

that either party to the de facto relationship is a party to proceedings under this Part.

orders under this Division; and

proceedings for orders under this Division;

section 90AD were omitted; and

paragraph 90AF(3)(d) were omitted.

the superannuation agreement in respect of the payment split has ceased to be in force; and

the non-member spouse has not served a waiver notice on the trustee under section 90YZQ in respect of the payment split.

allow trustees to charge reasonable fees:

in respect of a payment split; or

otherwise in respect of the operation of this Part in relation to a superannuation interest; and

prescribe the person or persons liable to pay those fees.

the non-member spouse is not entitled to be paid any amount under the payment split in respect of the splittable payment;

the entitlement of the person to whom the splittable payment would have been made but for the payment split continues to be reduced in the same way as it would have been reduced if the entitlement of the non-member spouse had not been terminated.

a statement to the effect that the non-member spouse has been provided with independent financial advice from a prescribed financial adviser as to the financial effect of the waiver notice; and

a certificate signed by the person who provided the financial advice, stating that the advice was provided.

a declaration, in the prescribed form, stating that the applicant requires the information for either or both of the following purposes:

to assist the applicant to properly negotiate a superannuation agreement;

to assist the applicant in connection with the operation of this Part in relation to the applicant; and

the fee (if any) payable under regulations made for the purposes of section 90YZO.

the member; or

if the member has died—the legal personal representative of the member; or

a party to a de facto relationship with the member; or

if a party to a de facto relationship with the member has died—the legal personal representative of the party; or

a person who intends to enter into a superannuation agreement with the member.

the payment split nevertheless continues to operate; and

the payment split then operates in favour of the legal personal representative of the deceased non-member spouse and is binding on that legal personal representative; and

the legal personal representative has all the rights the deceased non-member spouse would have had in respect of the payment split, including the right to serve a waiver notice under section 90YZQ.

in the case of a trustee who is not a secondary government trustee—the court cannot make such an order unless the trustee has been accorded procedural fairness in relation to the making of the order; and

in the case of a secondary government trustee:

the court cannot make such an order unless another trustee of the eligible superannuation plan has been accorded procedural fairness in relation to the making of the order; and

the court may, if it thinks fit, require that the secondary government trustee also be accorded procedural fairness.

any person who subsequently becomes the trustee of that eligible superannuation plan; or

in a case where the trustee, or any person who subsequently becomes the trustee, of the new ESP.section 90YZA applies—a person who is

any document served on the trustee for the purposes of this Part; or

an order made by a court in accordance with this Part.

the person makes a statement in a declaration, knowing that the statement is false or misleading; and

the declaration is served on the trustee of an eligible superannuation plan for the purposes of this Part.

a payment flag is operating in respect of a superannuation interest of the employee;

a superannuation agreement or splitting order is in force in respect of a superannuation interest of the employee.

an interlocutory order of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia; or

a decree of the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia;

a decree of the Family Court of Western Australia exercising original jurisdiction invested by Division 2A of Part V of this Act or appellate jurisdiction under this Act; or

a decree (other than an interlocutory order) of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia exercising original jurisdiction invested by Division 2A of Part V of this Act.

a party to a de facto relationship is a bankrupt; and

the trustee of the bankrupt’s estate is:

(i) a party to proceedings under Family Court Act 1997 (WA), or Part VIIIC of the Family Law Act 1975, in relation to either or both of the parties to the de facto relationship; orPart 5A of the

(ii) an applicant under Family Court Act 1997 (WA) for the variation or setting aside of an order made under section 205ZG of that Act in proceedings with respect to the property of either or both of the parties to the de facto relationship; orsection 205ZH of the

(iii) an applicant under Family Law Act 1975 for the setting aside of an order made under section 90YX of that Act in proceedings between the parties to the de facto relationship with respect to a superannuation interest of either or both of the parties to the de facto relationship; orsection 90YZE of the

(iv) an applicant for an order under subsection 205ZV(1) or (3) of the Family Court Act 1997 (WA) in relation to the setting aside of a financial agreement (within the meaning of Part 5A of that Act) of the parties to the de facto relationship;

the Family Court of Western Australia has jurisdiction to hear and determine the proceeding; and

the Family Court of Western Australia also has jurisdiction to hear and determine matters not otherwise within its jurisdiction (whether by virtue of paragraph (a) or otherwise):

that are associated with matters arising in the proceeding; or

(ii) that, apart from subsection 32(1) of the Federal Court of Australia Act 1976, the Federal Court would have had jurisdiction to hear and determine in the proceeding; and

the Family Court of Western Australia may, in and in relation to the proceeding:

grant such remedies; and

make orders of such kinds; and

issue, and direct the issue of, writs of such kinds;

remedies, orders and writs granted, made or issued by the Family Court of Western Australia in and in relation to the proceeding have effect, and may be enforced by the Family Court of Western Australia, as if they had been granted, made or issued by the Federal Court; and

appeals lie from judgments of the Family Court of Western Australia given in and in relation to the proceeding as if the judgments were judgments of the Federal Court constituted by a single Judge, and do not otherwise lie; and

(f) subject to paragraphs (a) to (e) (inclusive), this Act, the Federal Court of Australia Act 1976, and other laws of the Commonwealth, apply in and in relation to the proceeding as if:

a reference to the Federal Court (other than in the expression “the Court or a Judge”) included a reference to the Family Court of Western Australia; and

a reference to a Judge of the Federal Court (other than in the expression “the Court or a Judge”) included a reference to a judge of the Family Court of Western Australia; and

a reference to the expression “the Court or a Judge” when used in relation to the Federal Court included a reference to a judge of the Family Court of Western Australia sitting in Chambers; and

a reference to a Registrar included a reference to a registrar of the Family Court of Western Australia; and

any other necessary changes were made.

(iii) a financial agreement within the meaning of Family Court Act 1997 (WA) (including a superannuation agreement (within the meaning of Part VIIIC of the Family Law Act 1975) that is included in such a financial agreement);Part 5A of the

(a) Family Law Act 1975; orPart VIII, VIIIAB or VIIIC of the

(b) Family Court Act 1997 (WA).Part 5A of the

(ra) any property that, under an order under Family Court Act 1997 (WA), the trustee is required to transfer to a former de facto partner of the bankrupt;Part 5A of the

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split (within the meaning of that Part).Part VIIIB or VIIIC of the

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split (within the meaning of that Part).Part VIIIB or VIIIC of the

(a) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90XT(2)(a) of that Act; orPart VIIIB of the

(b) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90YY(2)(a) of that Act.Part VIIIC of the

(a) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order; orPart VIIIB of the

(b) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.Part VIIIC of the

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB or VIIIC of the

(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) (as the case may be) of the Family Law Act 1975; or

(b) for a splitting order—the percentage specified in the order under subparagraph 90XT(1)(b)(i) or 90YY(1)(b)(i) (as the case may be) of the Family Law Act 1975.

(a) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90XT(2)(a) of that Act; orPart VIIIB of the

(b) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90YY(2)(a) of that Act.Part VIIIC of the

(a) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order; orPart VIIIB of the

(b) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.Part VIIIC of the

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB or VIIIC of the

(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) (as the case may be) of the Family Law Act 1975; or

(b) for a splitting order—the percentage specified in the order under subparagraph 90XT(1)(b)(i) or 90YY(1)(b)(i) (as the case may be) of the Family Law Act 1975.

(a) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90XT(2)(a) of that Act; orPart VIIIB of the

(b) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90YY(2)(a) of that Act.Part VIIIC of the

(a) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order; orPart VIIIB of the

(b) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.Part VIIIC of the

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB or VIIIC of the

(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) (as the case may be) of the Family Law Act 1975; or

(b) for a splitting order—the percentage specified in the order under subparagraph 90XT(1)(b)(i) or 90YY(1)(b)(i) (as the case may be) of the Family Law Act 1975.

(a) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90XT(2)(a) of that Act; orPart VIIIB of the

(b) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90YY(2)(a) of that Act.Part VIIIC of the

(a) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order; orPart VIIIB of the

(b) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.Part VIIIC of the

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB or VIIIC of the

(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) (as the case may be) of the Family Law Act 1975; or

(b) for a splitting order—the percentage specified in the order under subparagraph 90XT(1)(b)(i) or 90YY(1)(b)(i) (as the case may be) of the Family Law Act 1975.

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split (within the meaning of that Part).Part VIIIB or VIIIC of the

(a) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90XT(2)(a) of that Act; orPart VIIIB of the

(b) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90YY(2)(a) of that Act.Part VIIIC of the

(a) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order; orPart VIIIB of the

(b) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.Part VIIIC of the

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB or VIIIC of the

(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) (as the case may be) of the Family Law Act 1975; or

(b) for a splitting order—the percentage specified in the order under subparagraph 90XT(1)(b)(i) or 90YY(1)(b)(i) (as the case may be) of the Family Law Act 1975.

(a) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90XT(2)(a) of that Act; orPart VIIIB of the

(b) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90YY(2)(a) of that Act.Part VIIIC of the

(a) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order; orPart VIIIB of the

(b) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.Part VIIIC of the

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB or VIIIC of the

(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) (as the case may be) of the Family Law Act 1975; or

(b) for a splitting order—the percentage specified in the order under subparagraph 90XT(1)(b)(i) or 90YY(1)(b)(i) (as the case may be) of the Family Law Act 1975.

(a) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90XT(2)(a) of that Act; orPart VIIIB of the

(b) in relation to a superannuation interest within the meaning of Family Law Act 1975—the amount determined in accordance with regulations under that Act that apply for the purposes of paragraph 90YY(2)(a) of that Act.Part VIIIC of the

(a) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order; orPart VIIIB of the

(b) for a splitting agreement that is a superannuation agreement or a flag lifting agreement within the meaning of Family Law Act 1975 or for a splitting order within the meaning of that Part—the time that is the operative time for the purposes of that Part in relation to a payment split under the agreement or order.Part VIIIC of the

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split.Part VIIIB or VIIIC of the

(a) for a splitting agreement—the percentage specified in the agreement under subparagraph 90XJ(1)(c)(iii) or 90YN(1)(c)(iii) (as the case may be) of the Family Law Act 1975; or

(b) for a splitting order—the percentage specified in the order under subparagraph 90XT(1)(b)(i) or 90YY(1)(b)(i) (as the case may be) of the Family Law Act 1975.

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split (within the meaning of that Part).Part VIIIB or VIIIC of the

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split (within the meaning of that Part).Part VIIIB or VIIIC of the

take account only of the person’s entitlement to payment remaining after any reduction by a payment split under:

(i) Family Law Act 1975 (disregarding subsection 90XB(3) of that Act); orPart VIIIB of the

(ii) Family Law Act 1975 (disregarding subsection 90YC(3) of that Act).Part VIIIC of the

(a) the Australian Defence Force Cover Act 2015;

(b) the Australian Defence Force Superannuation Act 2015;

(c) the Defence Force Retirement and Death Benefits Act 1973;

(d) the Defence Forces Retirement Benefits Act 1948;

(e) the Governor-General Act 1974;

(f) the Judges’ Pensions Act 1968;

(g) the Military Superannuation and Benefits Act 1991;

(h) the Parliamentary Contributory Superannuation Act 1948;

(i) the Superannuation Act 1922;

(j) the Superannuation Act 1976;

(k) the Superannuation Act 1990;

(l) the Superannuation Act 2005.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.