Superannuation (Unclaimed Money and Lost Members) Act 1999
Section 6 , subsections 16(7) , 17(2A) and 19(1) and (3) , this Part (other than subsections 20F(5) and (6) ) and subsections 24C(6) , 24E(5) and 25(2A) apply as if:
(a) a public sector superannuation scheme that:
(i) is prescribed for the purposes of this section; and
(ii) in the case of a Commonwealth public sector superannuation scheme - is not a fund, or is an unfunded public sector scheme;
were a fund; and
The regulations may prescribe a scheme by reference to a class of schemes: see subsection 13(3) of the Legislation Act 2003 .
This Part applies to a Commonwealth public sector superannuation scheme that is not an unfunded public sector scheme whether or not the scheme is prescribed: see section 20C .
(b) the trustee of the scheme were the superannuation provider; and
(c) a person who has an interest in the scheme had a superannuation interest in the fund.
Despite subsection (1), in the case of a State or Territory public sector superannuation scheme:
(a) section 20C (notices about certain former temporary residents) permits, rather than requires, the Commissioner to give a notice to the trustee; and
(b) section 20E (statement):
(i) permits, rather than requires, the trustee to give a statement to the Commissioner; and
(ii) does not permit the trustee to give a statement to the Commissioner if the governing rules of the scheme prohibit the trustee from giving the statement to the Commissioner; and
(c) section 20F (payment of unclaimed superannuation):
(i) does not apply in relation to a notice given to the trustee under section 20C if the trustee does not give a statement in relation to the notice to the Commissioner under section 20E ; and
(ii) permits, rather than requires, the trustee to pay an amount to the Commissioner; and
(iii) does not apply to an amount to the extent that the governing rules of the scheme prohibit the trustee from paying the amount to the Commissioner.
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