Section 90XO — Family Law Act 1975: 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.