Section 90XK — Family Law Act 1975: Operative time for payment flag

(1) The operative time for a payment flag under a superannuation agreement is: (a) the service time, if the eligible superannuation plan is a self-managed superannuation fund; or (b) otherwise, the beginning of the fourth business day after the day on which the service time occurs. (2) In this section: self-managed superannuation fund has the same meaning as in the SIS Act. service time means the time when a copy of the agreement is served on the trustee, accompanied by: (a) if the parties are divorced—a copy of the divorce order that has terminated the marriage; and (aa) if the parties are not divorced—a separation declaration with a declaration time that is not more than 28 days before the service on the trustee; and (b) if a form of declaration is prescribed for the purposes of this paragraph—a declaration in that form.