Commonwealth Consolidated Acts

SUPERANNUATION (UNCLAIMED MONEY AND LOST MEMBERS) ACT 1999 - SECT 18AA

             (1)  Sections 6, 10 to 12, 14, 16 to 17 and 18A to 18C and subsections 19(1) to (3), 24C(6), 24E(5) and 25(2) apply as if:

                     (a)  a public sector superannuation scheme that is:

                              (i)  prescribed for the purposes of this section; and

                             (ii)  not a fund;

                            were a fund; and

Note 1:    The regulations may prescribe a scheme by reference to a class of schemes: see subsection 13(3) of the Legislative Instruments Act 2003 .

Note 2:    The trustee of a State or Territory public sector superannuation scheme that is a fund must comply with this Part, subject to section 18.

                     (b)  the trustee of the scheme were the superannuation provider; and

                     (c)  a member of the scheme were a member of the fund.

             (2)  Despite subsection (1), in the case of a State or Territory public sector superannuation scheme:

                     (a)  section 16 (Statement of unclaimed money):

                              (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

                     (b)  section 17 (Payment of unclaimed money):

                              (i)  does not apply in relation to an unclaimed money day if the trustee does not give a statement in relation to the unclaimed money day to the Commissioner under subsection 16(1); 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.