Limitation on section 79 or 90SM order
(1) A court cannot make an order under section 79 or 90SM with respect to a superannuation interest if: (a) the superannuation interest is covered by a superannuation agreement that is in force; or (b) the non‑member spouse has served a waiver notice on the trustee under section 90XZA in respect of the interest; or (c) a payment flag is operating on the superannuation interest. Note: Under section 90XM, the court can terminate the operation of a payment flag in certain circumstances. (2) Subsection (1) does not prevent the court taking superannuation interests into account when making an order with respect to other property of the spouses.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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