SUPERANNUATION (UNCLAIMED MONEY AND LOST MEMBERS) ACT 1999

PART 4A - PAYMENT OF LOST MEMBER ACCOUNTS TO THE COMMISSIONER  

Division 3 - Payment in respect of lost member accounts  

SECTION 24G   PAYMENT BY COMMISSIONER IN RESPECT OF PERSON FOR WHOM AN AMOUNT HAS BEEN PAID TO COMMISSIONER  

24G(1)  
This section applies in relation to a person if:


(a) a superannuation provider paid an amount to the Commissioner under section 24E in respect of the person; and


(b) the Commissioner is satisfied, on application in the approved form or on the Commissioner ' s own initiative, that it is possible for the Commissioner to pay the amount in accordance with subsection (2).

24G(2)  
The Commissioner must pay the amount:


(a) to a single fund if:


(i) the person has not died; and

(ii) the person directs the Commissioner to pay to the fund; and

(iii) the fund is a complying superannuation plan (within the meaning of the Income Tax Assessment Act 1997 ); or


(b) in accordance with subsection (3) if:


(i) the person has died; and

(ii) the Commissioner is satisfied that, if the superannuation provider had not paid the amount to the Commissioner, the provider would have been required to pay an amount or amounts (death benefits) to one or more other persons (death beneficiaries) because of the deceased person ' s death; or


(c) to the person ' s legal personal representative if the person has died but subparagraph (b)(ii) does not apply; or


(d) to the person if this paragraph applies (see subsection (2A)).

Note:

Money for payments under subsection (2) is appropriated by section 16 of the Taxation Administration Act 1953 .

24G(2A)  


Paragraph (2)(d) applies if:


(a) subparagraph (2)(a)(ii) does not apply; and


(b) any of the following subparagraphs apply:


(i) the person has reached the eligibility age;

(ii) the amount is less than $200;

(iii) a terminal medical condition (within the meaning of the Income Tax Assessment Act 1997 ) exists in relation to the person; and


(c) the person has not died.

24G(3)  
In a case covered by paragraph (2)(b), the Commissioner must pay the amount under subsection (2) by paying to each death beneficiary the amount worked out using the following formula:


Amount payable under subsection (2) × Death benefit for the death beneficiary
Total death benefits

Note:

If there is only one death beneficiary, the whole of the amount is payable to that beneficiary.

24G(3A)  


If:


(a) the Commissioner makes a payment under subsection (2) on or after 1 July 2013 to a fund, a legal personal representative or a person; and


(b) the payment is in accordance with paragraph (2)(a), (c) or (d);

the Commissioner must also pay to the fund, legal personal representative or person the amount of interest (if any) worked out in accordance with the regulations.

Note:

Money for payments under subsection (3A) is appropriated by section 16 of the Taxation Administration Act 1953 .

24G(3B)  


If:


(a) the Commissioner makes a payment under subsection (2) on or after 1 July 2013 to a death beneficiary; and


(b) the payment is in accordance with paragraph (2)(b);

the Commissioner must also pay to the death beneficiary the amount of interest (if any) worked out in accordance with the regulations.

Note:

Money for payments under subsection (3B) is appropriated by section 16 of the Taxation Administration Act 1953 .

24G(3C)  


Regulations made for the purposes of subsection (3A) or (3B) may prescribe different rates for different periods over which the interest accrues. For this purpose, rate includes a nil rate.

24G(3D)  


Interest under subsection (3A) or (3B) does not accrue in relation to a period before 1 July 2013.

24G(4)  


This section does not apply to an amount that is to be, is or has been, taken into account in determining whether the Commissioner must make a payment under subsection 20H(2) or (3) .
Note:

Subsections 20H(2) and (3) provide for payment by the Commissioner of amounts equal to amounts paid to the Commissioner under subsections 17(1) , 20F(1) and 24E(1) in respect of a person who:

  • (a) is identified in a notice under section 20C ; or
  • (b) used to be the holder of a temporary visa.



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