Family Law Legislation Amendment (Superannuation) (Consequential Provisions) Act 2001 (114 of 2001)

Schedule 1   Amendments

Superannuation (Unclaimed Money and Lost Members) Act 1999

41   At the end of section 12

Add:

(2) If:

(a) a payment split applies to a splittable payment in respect of an interest that a person has as a member of a fund; and

(b) as a result, the non-member spouse (or his or her legal personal representative if he or she has died) is entitled to be paid an amount; and

(c) after making reasonable efforts and after a reasonable period has passed, the superannuation provider concerned is unable to ensure that the non-member spouse or his or her legal personal representative, as the case may be, receives the amount;

then the amount payable is taken to be unclaimed money .

(3) In this section:

non-member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.

payment split means a payment split under Part VIIIB of the Family Law Act 1975.

splittable payment has the same meaning as in Part VIIIB of the Family Law Act 1975.