FIRST HOME SAVER ACCOUNTS ACT 2008 [ REPEALED]

PART 4A - UNCLAIMED MONEY  

SECTION 51C   Payment where money later claimed etc.  

51C(1)  
ASIC must pay to an FHSA provider an amount equal to an amount of unclaimed money in relation to a person if:


(a) unclaimed money in relation to the person has been paid to ASIC on behalf of the Commonwealth under section 51B by the FHSA provider (or another FHSA provider that no longer offers to provide FHSAs); and


(b) the person, or the person ' s legal personal representative, has made an application to the provider in the approved form; and


(c) the provider has made an application to ASIC stating that:


(i) it has approved the application mentioned in paragraph (b); and

(ii) it will contribute or pay the amount in accordance with subsection (2).

51C(1A)  
If ASIC pays an amount to an FHSA provider under subsection (1) on or after 1 July 2013, ASIC must also pay to the FHSA provider the amount of interest (if any) worked out in accordance with the regulations.

51C(1B)  
Regulations made for the purposes of subsection (1A) may involve different rates of interest for different periods over which the interest accrues. For this purpose, rate includes a nil rate.

51C(1C)  
Interest under subsection (1A) does not accrue in relation to a period before 1 July 2013.

51C(2)  
AN FHSA provider commits an offence if:


(a) it receives an amount under subsection (1); and


(b) within 30 days after receiving the amount, it does not contribute or pay the amount:


(i) if the application states that the person meets the FHSA eligibility requirements and that he or she wants the amount to be contributed to an FHSA - to an FHSA opened or issued for the person; or

(ii) if the application states that the person wants the amount to be paid to a particular superannuation interest of the person in a complying superannuation plan - to that plan; or

(iii) if the application states that the person is aged 60 or over and that he or she wants the amount to be paid to him or her - to the person; or

(iv) if none of subparagraphs (i), (ii) and (iii) apply - to a superannuation interest for the benefit of the person in the provider ' s default superannuation plan (see section 24 ); or

(v) if the person is deceased - to the person ' s legal personal representative.

Penalty: 50 penalty units.

Note:

For subparagraph (b)(i), the person may still satisfy the FHSA eligibility requirements even though the person has acquired a qualifying interest in his or her main residence (see subsection 15(3) ).

51C(3)  
If an FHSA provider satisfies ASIC that an amount paid to ASIC under section 51B exceeds the amount that should have been paid under that section, ASIC must refund to the FHSA provider the amount of the excess.

51C(4)  
The Consolidated Revenue Fund is appropriated for the purposes of this section.

51C(5)  
For the purposes of this Act and any other taxation law, treat an amount paid in accordance with subsection (2) as having been paid from an FHSA.




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