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SUPERANNUATION (UNCLAIMED MONEY AND LOST MEMBERS) ACT 1999

SUPERANNUATION (UNCLAIMED MONEY AND LOST MEMBERS) ACT 1999


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Application  
   4.      Act to bind Crown  
   5.      Extension to Territories  
   6.      Objects of Act  
   7.      Outline of Act  

   PART 2--INTERPRETATION

   8.      Definitions  
   9.      Accrual of benefits in defined benefits superannuation schemes  
   10.     Meaning of eligibility age  

   PART 3--PAYMENT--OF UNCLAIMED MONEY TO THE COMMISSIONER

           Division 1--Preliminary

   11.     Object of Part  
   12.     Meaning of unclaimed money --general meaning  
   13.     Superannuation provider must make reasonable efforts to contact the member or to ensure that a benefit is received  
   14.     Meaning of unclaimed money --deceased member  
   15.     Superannuation provider must make reasonable efforts to ensure that the person receives the benefit  
   15A.    Setting dates for statements and payments  

           Division 2--Statement of unclaimed money

   16.     Statement of unclaimed money  
   16A.    Error or omission in statement  

           Division 3--Payment of unclaimed money

   17.     Payment of unclaimed money  
   17A.    Payments of unclaimed money--late payments  

           Division 4--Various rules for special cases

   18.     State or Territory public sector superannuation schemes  
   18AA.   Prescribed public sector superannuation schemes  
   18A.    Refund of overpayment made by superannuation provider  
   18B.    Commissioner may recover overpayment  
   18C.    Superannuation provider to return payment from Commissioner that cannot be credited  

   PART 3AA--REGISTER--OF UNCLAIMED MONEY

   19.     Register of unclaimed money  
   20.     Commissioner may give information to State and Territory authorities  

   PART 3A--PAYMENT--OF UNCLAIMED SUPERANNUATION OF FORMER TEMPORARY RESIDENTS

           Division 1--Preliminary

   20A.    Simplified outline  
   20AA.   Meaning of former temporary resident  
   20B.    Setting dates for statements and payments  

           Division 2--Notices to superannuation providers about certain persons

   20C.    Commissioner must give notices about certain former temporary residents  

           Division 3--Effects of notice being given to superannuation provider

   20D.    Application  
   20E.    Superannuation provider must give statement to Commissioner by scheduled statement day  
   20F.    Superannuation provider must pay Commissioner unclaimed superannuation  
   20G.    Effect of payment by superannuation provider  

           Division 4--Payment by Commissioner

   20H.    Payment by Commissioner in respect of person for whom an amount has been paid to Commissioner  

           Division 5--Various rules for special cases

   20J.    Revoking Commissioner's notice to superannuation provider about person  
   20JA.   Prescribed public sector superannuation schemes  
   20K.    Refund of overpayment made by superannuation provider  
   20L.    Commissioner may recover overpayment under section 20H  
   20M.    Superannuation provider to return payment from Commissioner that cannot be credited  

           Division 6--Administration

   20N.    Disclosure of migration and citizenship information  
   20P.    Review of Commissioner's notices and decisions  

   PART 3B--PAYMENT--OF LOW BALANCES IN INACTIVE ACCOUNTS TO THE COMMISSIONER

           Division 1--Preliminary

   20Q.    Object of Part  
   20QA.   Meaning of inactive low - balance account, inactive low - balance member and inactive low - balance product  

           Division 2--Statements on inactive low-balance accounts

   20QB.   Statements on inactive low - balance accounts  
   20QC.   Error or omission in statement  

           Division 3--Payment in respect of inactive low-balance accounts

   20QD.   Payment in respect of inactive low - balance accounts  
   20QE.   Payment in respect of inactive low - balance accounts--late payments  
   20QF.   Payment by Commissioner in respect of person for whom an amount has been paid to Commissioner  

           Division 4--Various rules for special cases

   20QG.   State or Territory public sector superannuation schemes  
   20QH.   Prescribed public sector superannuation schemes  
   20QJ.   Refund of overpayment made by superannuation provider  
   20QK.   Commissioner may recover overpayment  
   20QL.   Superannuation provider to return payment from Commissioner that cannot be credited  
   20QM.   Compensation for acquisition of property  

   PART 3C--PAYMENT--OF BALANCES IN ACCOUNTS OF ELIGIBLE ROLLOVER FUNDS TO THE COMMISSIONER

           Division 1--Preliminary

   21.     Object of Part  

           Division 2--Statements on accounts of eligible rollover funds

   21A.    Statements on accounts of eligible rollover funds  
   21B.    Errors or omissions in statements  

           Division 3--Payments in respect of accounts of eligible rollover funds

   21C.    Payments in respect of accounts of eligible rollover funds  
   21D.    Late payments  
   21E.    Payments by Commissioner in respect of persons for whom amounts have been paid to Commissioner  

           Division 4--Various rules for special cases

   21F.    Refund of overpayment made by superannuation provider  
   21G.    Commissioner may recover overpayment  
   21H.    Superannuation provider to return payment from Commissioner that cannot be credited  

   PART 3D--PAYMENT--OF OTHER AMOUNTS TO THE COMMISSIONER

           Division 1--Payments by superannuation providers

   22.     Superannuation provider may pay amounts to Commissioner  
   22A.    Errors or omissions in statements  

           Division 2--Payments by Commissioner

   22B.    Payments by Commissioner in respect of persons for whom amounts have been paid to Commissioner  
   22C.    Refund of overpayment made by superannuation provider  

           Division 3--Various rules for special cases

   22D.    Prescribed public sector superannuation schemes  
   22E.    Commissioner may recover overpayment  
   22F.    Superannuation provider to return payment from Commissioner that cannot be credited  

   PART 4--REGISTER--OF LOST MEMBERS

   23.     Register of lost members  
   24.     Commissioner may give information to State or Territory authorities  

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

           Division 1--Preliminary

   24A.    Object of Part  
   24B.    Meaning of lost member account  

           Division 2--Statement of lost member accounts

   24C.    Statement of lost member accounts  
   24D.    Error or omission in statement  

           Division 3--Payment in respect of lost member accounts

   24E.    Payment in respect of lost member accounts  
   24F.    Payment in respect of lost member accounts--late payments  
   24G.    Payment by Commissioner in respect of person for whom an amount has been paid to Commissioner  

           Division 4--Various rules for special cases

   24H.    State or Territory public sector superannuation schemes  
   24HA.   Prescribed public sector superannuation schemes  
   24J.    Refund of overpayment made by superannuation provider  
   24K.    Commissioner may recover overpayment  
   24L.    Superannuation provider to return payment from Commissioner that cannot be credited  
   24M.    Compensation for acquisition of property  

   PART 4B--REUNIFICATION--OF SUPERANNUATION BALANCES

           Division 1--Preliminary

   24N.    Object of this Part  

           Division 2--Transferring balances to an active account

   24NA.   Transferring balances to an active account  
   24NAA.  Commissioner may recover overpayment  
   24NB.   Superannuation provider to return payment from Commissioner that cannot be credited  

   PART 5--TAX--FILE NUMBERS

   25.     Forms etc. may require tax file number  
   25A.    Notices under section 20C may include tax file numbers  
   26.     Provision of tax file numbers by trustees of regulated exempt public sector superannuation schemes  
   27.     Registers may contain tax file numbers  
   28.     Use of tax file numbers  
   29.     Requesting tax file numbers  
   30.     Quoting tax file numbers  

   PART 7--ADMINISTRATION

   40.     General administration of Act  
   41.     Annual report  

   PART 8--MISCELLANEOUS

   42.     Act not to operate so as to contravene Constitution  
   43.     Application of the Criminal Code  
   44.     Publication etc. of information in registers  
   48.     Records to be kept and retained by superannuation provider  
   49.     Money paid to Commissioner not held on trust  
   49AA.   Money paid to Commissioner that is a New Zealand - sourced amount  
   49A.    Money transferred to State or Territory authorities  
   50.     Regulations