Superannuation Industry (Supervision) Regulations1994
Statutory RulesNo.57, 1994 as amended
made under the
Superannuation Industry (Supervision) Act 1993
Compilation start date: 17December 2013
Includes amendments up to:SLINo.278, 2013
This compilation has been split into 2 volumes
Volume 1:regulations 1.04–14.04
Volume 2:Schedules and Notes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Superannuation Industry (Supervision) Regulations 1994 as in force on 17December 2013. It includes any commenced amendment affecting the legislationto that date.
This compilation was prepared on 17December 2013.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1.01Name of Regulations
1.02Commencement
1.03Interpretation
1.03ALost member
1.03AADefined benefit interest
1.03AAADefined benefit fund
1.03ABMeaning of growth phase
1.03CMeaning of permanent incapacity
1.04Prescribed matters (Act, s 10)
1.04AAAAInterdependency relationships (Act s 10A)
1.04AAAModified meaning of member (Act s 15B)
1.04ASpecified body or person (Act s 19)
1.04AASelf managed superannuation funds—persons not taken to be employees (Act s 17A(8))
Part 1A—Annuities and pensions
Division 1A.1
1.05AInterpretation
1.05Meaning of annuity (Act, s 10)
1.06Meaning of pension (Act, s 10)
1.07Periods when beneficiary may not receive benefits
1.07ACommutation of allocated annuities and pensions
1.07BCommutation of other annuities and pensions
1.07CCommutation of market linked income stream
1.07DCommutation of superannuation income stream
Division 1A.2—Operating standards
1.08Restriction on factors for converting pensions
Part 2—Information for certain parties
Division 2.1—Introductory
2.01Interpretation
2.02Scope and application of this Part
2.03Duties and requirements arising under this Part
2.04Reasonable efforts are sufficient
2.05Charges for information requested
Division 2.4—Information to be given for each reporting period
Subdivision 2.4.1—Preliminary
2.17Interpretation
2.18Application
Subdivision 2.4.3—Derivatives charge ratio
2.29Specific requirements in particular cases
Division 2.5—Information on request
2.30Application
2.31Documents may be made available for inspection
2.32Time for compliance
2.33Specific requirements
Division 2.5A—Information about superannuation interest subject to payment split
2.36BApplication
2.36CInformation to be provided by trustee when interest becomes subject to payment split
2.36DOther information to be provided by trustee
2.36EOther information to be given by trustee—adverse effects on benefits
Division2.6—Remuneration of executive officers and individual trustees
2.37Prescribed details
2.38Obligation to make information publicly available—RSE licensee of registrable superannuation entity
Part 3—Matters prescribed or specified in relation to public offer entities
3.01Public offer superannuation fund—member of a prescribed class
3.04Section 54 of the Act—prescribed percentages
3.04ARemoval of trustee of public offer entity—s 60A(2) of the Act
3.05Policy committees—sections 91, 92 and 93 of the Act
3.06Policy committees—functions (paragraphs 91(3)(b), 92(3)(b) and 93(3)(b) of the Act)
3.07Definition of policy committee in section 10 of the Act—matters specified for purposes of paragraph (a)
3.08Policy committees—duties of trustee
3.09Dissolution of policy committees
3.10Commission and brokerage
3.11Payment by trustee of a public offer entity of commission or brokerage
Part 3A—Matters prescribed or specified in relation to licensing of trustees and of groups of individual trustees
Division 3A.1—Classes of RSE licences
3A.01Public offer entity licences
3A.02Nonpublic offer entity licences
3A.03Extended public offer entity licences
3A.03AActing trustee licences
Division 3A.3—Applying for RSE licences
3A.05Definitions
3A.06Application fees
Division 3A.4—Conditions on RSE licences
3A.07Conditions on RSE licences of FHSA providers
Part 3B—Superannuation data and payment matters
3B.01Definitions
3B.02Prescribed eligible superannuation entity for register
3B.03Information to be given for register
Part 4—Management and trusteeship of superannuation entities
Division 4.1—Prescribed matters
4.01Covenants in governing rules of superannuation entity—prescribed information and documents
4.02Covenants in governing rules of self managed superannuation fund—beneficiary investment choice
4.02ATrustee subject to direction—registrable superannuation entity other than regulated superannuation fund with fewer than 5 members
4.02AAOperating standard—direction on investment option to trustee of regulated superannuation fund with fewer than 5 members
4.03Trustee of employersponsored fund—prescribed direction by employersponsor or associate of employer sponsor
4.04Governing rules of a superannuation entity—prescribed exercise of discretion by nontrustee
4.05Governing rules of a superannuation entity—prescribed circumstances of amendment
4.06Removal of member representatives—prescribed circumstances
4.07Removal of independent trustee or independent member—prescribed circumstances
Division 4.2—Operating standards
4.07CDefinitions
4.07DOperating standard—permitted types of insurance
4.07EOperating standard—selfinsurance
4.08Operating standard—voting rule where equal representation applies
4.08AOperating standard—member representation for certain regulated superannuation funds where a declaration under subsection 18(7) of the Act applies
4.09Operating standard—investment strategy
4.09AOperating standard—money and other assets to be kept separate (self managed superannuation funds)
4.10Operating standard—investment by noncomplying superannuation funds
4.10AOperating standard—ownership of units in a PST
4.11Operating standard—investment by noncomplying approved deposit funds
4.11AOperating standard—acceptance of deposits by an approved deposit fund
4.12Operating standard—acceptance by regulated superannuation and approved deposit funds of rollovers and transfers
4.13Operating standard—lending to members of an approved deposit fund
Part 5—Benefit protection standards
Division 5.1—Preliminary
5.01Interpretation
5.01AOperating standards—determination of costs and investment return
5.01BTrustee may provide greater protection than this Part requires
5.02Determination of costs
5.02BPriority in deducting surcharge or instalment
5.02CRefund of costs
5.03Investment returns
Division 5.2—Minimum benefits
5.04Minimum benefits—regulated superannuation funds
5.05Mandated employer contributions—regulated superannuation funds
5.06Certain benefits rolled over or transferred to regulated superannuation funds taken to be minimum benefits
5.06ABenefits rolled over or transferred from an RSA to regulated superannuation funds taken to be minimum benefits
5.06BMinimum benefits if new interest created, or benefits rolled over or transferred, under Division 7A.2
5.07Minimum benefits—approved deposit funds
Division 5.3—Treatment of minimum benefits
5.08How minimum benefits are to be treated
Part 6—Payment standards
Division 6.1—Introductory
Subdivision 6.1.1—General interpretation
6.01Interpretation
6.01AAMeaning of noncommutable allocated annuity
6.01ABMeaning of noncommutable allocated pension
6.01AMeaning of terminal medical condition
6.01BConditions of release for temporary residents
Subdivision 6.1.2—Preserved benefits
6.02Preserved benefits in regulated superannuation funds—before 1 July 1999
6.03Preserved benefits in regulated superannuation funds—on and after 1 July 1999
6.05Preserved benefits in approved deposit funds
6.06Effect of rollover or transfer on preserved benefits
Subdivision 6.1.3—Restricted nonpreserved benefits
6.07Restricted nonpreserved benefits in regulated superannuation funds—before 1 July 1999
6.08Restricted nonpreserved benefits in regulated superannuation funds—on and after 1 July 1999
6.09Effect of rollover or transfer on restricted nonpreserved benefits
Subdivision 6.1.4—Unrestricted nonpreserved benefits
6.10Unrestricted nonpreserved benefits—regulated superannuation funds
6.11Unrestricted nonpreserved benefits—approved deposit funds
6.12Movement of benefits between categories by satisfaction of conditions of release
6.13Effect of rollover or transfer on unrestricted nonpreserved benefits
Subdivision 6.1.5—Miscellaneous
6.14Indexation
6.15Contributions and benefits taken to be preserved benefits
6.15ACertain benefits taken to be unrestricted nonpreserved benefits
6.16Redistribution of member benefits within a fund in certain circumstances by operation of governing rules or action of trustee
6.16AWhen nonpreserved benefits may be reduced
Division 6.2—Payment of benefits
6.17Restriction on payment
6.17APayment of benefit on or after death of member(Act, s 59(1A))
6.17AAPayments prevented under Family Law Act 1975
6.17BDuty to seek information
6.17CPayment and commutation of pension in breach of standards
Division 6.3—Cashing of benefits
Subdivision 6.3.1—Regulated superannuation funds
6.18Voluntary cashing of preserved benefits in regulated superannuation funds
6.19Voluntary cashing of restricted nonpreserved benefits in regulated superannuation funds
6.19ARelease of benefits on compassionate grounds
6.20Voluntary cashing of unrestricted nonpreserved benefits in regulated superannuation funds
6.20ACompulsory cashing of benefits in a regulated superannuation fund that is not an unfunded public sector superannuation scheme—temporary residents
6.20BVoluntary cashing of benefits in a regulated superannuation fund that is an unfunded public sector superannuation scheme—temporary residents
6.20CCashing of benefits in a regulated superannuation fund—payment to Commissioner of Taxation
6.21Compulsory cashing of benefits in regulated superannuation funds
6.22Limitation on cashing of benefits in regulated superannuation funds in favour of persons other than members or their legal personal representatives
6.22APriority in cashing benefits in certain cases—regulated superannuation funds
6.22BWhen benefits in regulated superannuation funds may be cashed in favour of persons except members
Subdivision 6.3.2—Approved deposit funds
6.23Voluntary cashing of preserved benefits in approved deposit funds
6.24Voluntary cashing of unrestricted nonpreserved benefits in approved deposit funds
6.24ACompulsory cashing of benefits in approved deposit funds—temporary residents
6.24BCashing of benefits in approved deposit funds—payment to Commissioner of Taxation
6.25Compulsory cashing of benefits in approved deposit funds
6.26Limitation on cashing of benefits in approved de posit funds in favour of persons other than members or their legal personal representatives
6.27Limitation on cashing benefits in approved deposit funds of less than $500
6.27APriority in cashing benefits in certain cases—approved deposit funds
Division 6.4—General rules for rollover and transfer of benefits in regulated superannuation funds and approved deposit funds
6.27BDefinition
6.28Rollover—regulated superannuation funds and approved deposit funds
6.29Transfer—funds
Division 6.5—Compulsory rollover and transfer of superannuation benefits in regulated superannuation funds and approved deposit funds
6.30Application
6.31Definitions for Division 6.5
6.32Superannuation data and payment matters
6.33Request for rollover or transfer of withdrawal benefit
6.33AAction by receiving fund on receipt of request
6.33BTransferring fund must electronically receive request
6.33CTrustee may request information if not provided
6.33DValidation of member’s details by transferring fund
6.33EVerification of self managed superannuation fund and member’s details
6.34Rollover or transfer of withdrawal benefit
6.34ATimeframes for rollovers and transfers
6.34BMember details for rollover or transfer
6.34CReceiving fund must electronically receive information and payment
6.34DReceiving fund must allocate amount to member
6.35When a trustee may refuse to roll over or transfer an amount
6.36Suspension or variation of obligation to roll over or transfer amounts by APRA
6.37Suspension or variation of obligation to roll over or transfer amounts by APRA—application by trustee
6.38Trustee’s obligations if APRA suspends or varies obligation to roll over or transfer amounts
Division 6.6—Additional standards for eligible rollover funds
6.39Obligations of trustees
Division 6.7—Spouse contributionssplitting amounts
6.40Interpretation
6.41Meaning of taxed splittable contribution, untaxed splittable contribution and untaxed splittable employer contribution
6.42Meaning of splittable contribution
6.43Application of Division 6.7
6.44Application to roll over, transfer or allot an amount of contributions
6.45Decision on application
6.46Receiving spouse
Division 6.8—Conditions for the use of tax file numbers to facilitate consolidation or rollover
6.47Definitions for Division 6.8
6.48Conditions for use of tax file numbers
6.49Consent to use beneficiary’s tax file number
6.50Procedure for searching for amounts to facilitate consolidation by rollover
Part6A—Portability forms
6A.01Establishment of scheme
6A.02Request to rollover or transfer withdrawal benefit
6A.03Verification of data
Part 7—Contribution and benefit accrual standards (regulated superannuation funds)
Division 7.1—General
7.01Interpretation
7.02Application of Division 7.1
7.03Restriction on accepting contributions or granting benefit accruals
7.03AAcceptance of contributions—registrable superannuation entities
7.04Acceptance of contributions—regulated superannuation funds
7.04AAcceptance of contributions—public offer superannuation funds
7.05Accrual of benefits—defined benefit funds
Division 7.2—Contributions to be allocated to members
Subdivision 7.2.1—Superannuation data and payment matters
7.07Superannuation data and payment matters
7.07AAApplication
7.07AInitial registration of employee
7.07BValidation of initial registration information
7.07CTrustee may give membership or account number to Commissioner of Taxation
7.07DInvalid initial registration information
7.07EEmployee details for contribution
7.07FSuperannuation fund must electronically receive contributions and information
7.07GIncomplete contribution information
7.07HContributions to be allocated to member
Subdivision 7.2.2—Operating standards
7.07JApplication
7.08Contributions to be allocated to members
Division 7.3—Contributions to be allocated to members—certain other regulated superannuation funds
7.09Application of Division 7.3
7.10Operating standard
7.11Contributions to be allocated to members
Part 7A—Superannuation interests subject to payment split
Division 7A.1—General
7A.01Purpose of Part 7A
7A.01ARelevant condition of release
7A.02Operating standards
7A.03Trustee to give payment split notice
Division 7A.1A—Options for trustee in relation to interests
7A.03AApplication of Division 7A.1A
7A.03BTrustee may create a new interest
7A.03CRequest to retain a nonmember spouse interest
7A.03DRequest to roll over or transfer benefits
7A.03ERequest for lump sum payment
7A.03FRequirements for requests
7A.03GGiving effect to a request
7A.03HTrustee’s options if no request is received
7A.03IConfirming that the nonmember spouse has an interest in the fund
7A.03JRolling over or transferring the nonmember spouse’s interest
7A.03KPaying a lump sum
Division 7A.2—Options available for certain superannuation interests
7A.04Application of Division 7A.2
7A.05Request for new interest
7A.06Request for transfer of benefits
7A.07Request for lump sum payment
7A.08Requirements for requests
7A.09Giving effect to request
7A.10Trustee options if no request received
7A.11Creating a new interest
7A.12Rolling over or transferring transferable benefits
7A.13Paying a lump sum
Division 7A.3—Splittable payments—payment standards for nonmember spouse entitlements
7A.14Application of Division 7A.3
7A.16Preservation of nonmember spouse entitlements
7A.17Payment of nonmember spouse entitlements from pension
7A.18Cashing of nonmember spouse entitlements
Division 7A.4—Superannuation interest split under the Family Law (Superannuation) Regulations 2001
7A.19Application
7A.20Creating a new interest
7A.21Rolling over or transferring benefits
7A.22Paying an amount
Part 8—Financial reporting
8.01Accounts—statement of financial position and financial statement
8.02Accounts and statements that must be prepared
8.02APeriod within which an auditor must be appointed
8.02BAsset must be valued at market value
8.03Period within which audit report must be given
Part 9—Financial management of funds
Division 9.1—Introductory
9.01Interpretation
Division 9.2—Financial position of funds
9.02Application
9.02AInterpretation
9.03Subsection 130(1) of the Act etc—obligations of actuaries and auditors
9.04Subsection 130(7) of the Act—unsatisfactory financial position
Division 9.2A—Size of defined benefit funds
9.04AApplication
9.04BSubfunds to be treated as funds
9.04COperating standard
9.04DSize of defined benefit funds
Division 9.2B—Provision of defined benefit pensions
9.04EDefinition for Division 9.2B
9.04FApplication of Division 9.2B
9.04GSubfunds to be treated as funds
9.04HOperating standard
9.04IProvision of defined benefit pensions
Division 9.3—Funding and solvency of defined benefit funds
9.05Application
9.06Interpretation
9.07Prescription of standards
9.08Funding standard
9.09Funding and solvency certificates—operating standard
9.10Contents of funding and solvency certificates
9.11Effective date of funding and solvency certificates
9.12Period of effect of funding and solvency certificates
9.13Effect of notifiable events on funding and solvency certificates
9.14Further funding and solvency certificates to be obtained
9.15Minimum benefit index
9.16Noncompliance with solvency requirement—technical insolvency
9.17Technical insolvency—operating standard
9.18Technical insolvency program—special funding and solvency certificate
9.19Technical insolvency programs—procedure
Division 9.4—Windingup of defined benefit funds
9.20Application
9.21Interpretation
9.22Prescription of standards
9.23Windingup of defined benefit funds
9.24Alternative programs approved by the Regulator
9.25Windingup proceedings—priorities
9.5—Actuarial standards relating to defined benefit funds that are selfmanaged superannuation funds
9.26Application
9.27Interpretation
9.28Prescription of standards
9.29Actuarial investigation standard
9.29AActuarial investigation standard—exemption
9.30Actuarial reporting standard
9.31Contents of actuarial report
Division 9.6—Solvency of accumulation funds
9.34Application
9.35Interpretation
9.36Prescription of standards—accumulation funds
9.37Accumulation funds solvency standard
9.38Technical insolvency of accumulation funds—operating standard
9.39Technical insolvency program for accumulation funds—procedure
Division 9.7—Windingup of accumulation funds
9.40Application
9.41Interpretation
9.42Prescription of standards—windingup of accumulation funds
9.43Windingup of accumulation funds
9.44Alternative programs approved by the Regulator for accumulation funds
9.45Accumulation fund windingup proceedings—priorities
Part9A—Requirements relating to MySuper products
9.46Notification—accrued default amount attributed to MySuper product
9.46ANotification—periodic statements
9.47Other factors that may be used for a lifecycle MySuper product
9.48Limitation imposed by governing rules
9.49Optout insurance for MySuper members cannot be obtained at reasonable cost
Part 9A—Approved SMSF auditors
9A.01Qualifications
9A.02Relevant courses
9A.03Practical experience
9A.04Continuing professional development requirements
9A.05Professional indemnity requirements
9A.06Auditor independence requirements
9A.07When fees must be paid
Part10—Eligible rollover funds
10.01Application for authority to operate eligible rollover fund
10.02Payment of benefit to eligible rollover fund
10.03Operating standard—eligible rollover funds
Part 11—Information to be given to the Regulator and related matters
11.01Definition
11.02AService of contravention notice (Act s 252B)
11.03Period for giving information to the Regulator, Act, s 254(1)
11.04Prescribed information (subsection 254(1))—regulated superannuation funds
11.05Prescribed information (subsection 254(1))—approved deposit funds
11.06Prescribed information (subsection 254(1))—PSTs
11.06ASpecified person or body (Act s 254(1))
11.07Operating standard—disclosure of certain information (funds other than self managed superannuation funds)
11.07AAOperating standard—disclosure of certain information (self managed superannuation funds)
11.07AOperating standard—disclosure on change of status
11.08Operating standard—disclosure of successor fund transfer
Part11A—Register to be kept by APRA
11A.01Source of power for this Part
11A.02Definition
11A.03APRA must keep register
11A.04Regulated superannuation funds
11A.05Approved deposit funds
11A.06PSTs
Part 12—Pre1 July 1988 funding credits and debits
12.01Definitions
12.02Pre1 July 88 funding amounts
12.03Shortfallinassets amount—calculation
12.04Estimation of net market value of fund assets
12.05Value A of accrued benefits
12.06Value B of accrued benefits
12.07Calculation of value A or B of accrued benefits
12.08Date before which applications to be made
12.09Application fees
12.10Prescribed events for the purposes of paragraph 342(4)(a) of the Act
12.11When and how APRA to be notified of prescribed events
12.12Transfer of PJFCs—trustees of transferor funds
12.13Transfer of PJFCs—trustees of transferee funds
12.14Transfer of PJFCs—revocation of approval
12.15Transfer of PJFCs—requirements to be satisfied
12.19Actuaries to certify in relation to determinations
12.20Substituted accounting periods
Part12A—TransTasman retirement savings portability
Division1—General
12A.01Purpose of Part12A
12A.02Definitions for Part12A
12A.03Payments to which this Part applies
Division2—New Zealandsourced amounts
12A.04Application of Division2
12A.05Treatment of New Zealandsourced amounts
12A.06Benefit protection standards
12A.07Payment standards
12A.08Contribution and benefit accrual standards
Division3—Payment of amount to KiwiSaver scheme
12A.09Application of Division3
12A.10Payment
Division4—Conditions of release of benefits
12A.11Application of Division4
12A.12Conditions of release
Part 13—Miscellaneous
Division 13.1A—Transitional arrangements arising out of the Superannuation Legislation Amendment Act (No. 3) 1999
13.10ATransitional arrangement—preserved OSS Act provisions
13.10BOutstanding annual returns
13.10COutstanding amounts
13.10DCertain annual returns and amounts for19992000 year of income
Division 13.2—Various operating standards
13.11Interpretation
13.12Assignments of superannuation interests
13.13Charges over a member’s benefits
13.14Charges over assets of funds
13.15Restrictions on the standards
13.15ACharges in relation to certain derivatives contracts
13.16Accrued benefits—restriction on alteration
13.17Approved deposit funds—restrictions on loans and investments
13.17APublic offer superannuation funds—restrictions on loans and investments
13.17AARules for certain investments by funds in related bodies corporate
13.17BOrders etc of the Superannuation Complaints Tribunal to be complied with
13.17CFunds that cease to be eligible rollover funds must maintain entitlements
Division 13.3—Various prescribed matters
13.18Sole purpose test—specified age
13.18AASelf managed superannuation funds—investment in collectables and personal use assets
13.18AConditional offer of goods or services—exemptions
13.19Custodians of superannuation entities—specified amounts
13.19ADisqualification by Federal Court—matters to take into account
13.20Advertisement of scheme for windingup or dissolution of superannuation entity
13.21Report of inspector—prescribed agencies
13.22Statements made at an examination—manner of authentication
Division 13.3A—Inhouse assets of superannuation funds
13.22ADefinitions for Division 13.3A
13.22BAssets held at commencement of Division 13.3A (Act s 71)
13.22CAssets acquired after commencement of Division 13.3A (Act s 71)
13.22DWhen regulations 13.22B and 13.22C cease to apply to assets
Division 13.4—Repeal
13.23Superannuation Industry (Supervision) (Approval of Trustees) Regulations
Division 13.5—Reconsideration and review of decisions
13.24Notice of reviewable decisions and reasons for decisions
13.25Reconsideration of certain decisions
13.26Review by Tribunal of reconsidered decisions
Part 14—Transitional arrangements
Division 14.1—Transitional arrangements arising out of Superannuation Laws Amendment (Capital Gains Tax Relief and Other Efficiency Measures) Act 2012
14.01Definition
14.02Applications before 1 July 2013 as an approved SMSF auditor
Division14.2—Transitional arrangements arising out of Superannuation Industry (Supervision) Amendment Regulation2013 (No.1)
14.03Arrangements
Division14.3—Transitional arrangements arising out of the Superannuation Legislation Amendment (2013 Measures No.2) Regulation2013
14.04Arrangements
Superannuation Industry (Supervision) Regulations 1994 / 1Management and trusteeship of superannuation entities Part 4
Operating standards Division 4.2
Regulation 4.09A
Part1—Preliminary
1.01 Name of Regulations
These Regulations are the Superannuation Industry (Supervision) Regulations1994.
1.02 Commencement
The following provisions of these Regulations commence on 1July 1994:
(a)Division2.2;
(b)Subdivision2.8.2;
(c)Regulations3.10, 3.11 and 3.12;
(d)Division6.5;
(e)Parts9 and 10;
(f)Regulation11.08;
(g)Part12.
1.03 Interpretation
(1)In these regulations, unless the contrary intention appears:
1997 Tax Act means the Income Tax Assessment Act 1997.
accountbased pension means a pension that is provided in accordance with the rules of a fund that:
(a)are described in paragraph1.06(9A)(a); and
(b)meet the standards of subregulation1.06(9A).
accumulation fund means a regulated superannuation fund that is not a defined benefit fund.
accumulation interest means a superannuation interest that is not a defined benefit interest.
Act means the Superannuation Industry (Supervision) Act1993.
adjusted base amount, in relation to a nonmember spouse at a particular date, means the adjusted base amount applicable to the nonmember spouse at that date worked out under Division6.1A of the Family Law (Superannuation) Regulations2001.
advance instalment of surcharge means the advance instalment payable under section11 of the Superannuation Contributions Tax (Assessment and Collection) Act1997.