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SUPERANNUATION (UNCLAIMED MONEY AND LOST MEMBERS) CONSEQUENTIAL AND TRANSITIONAL ACT 1999 - SCHEDULE 1
- Amendments
Financial Transaction Reports Act 1988
1 Paragraph 18(4B)(c)
Omit "83, 84,".
2 After paragraph 18(4B)(c)
Insert:
- (ca)
- made in accordance with section 17
or 18 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ; or
Income Tax Assessment Act 1936
3 Subsections 27A(3B) and (3C)
Omit "under
subsection 225(6) of the Superannuation Industry (Supervision) Act 1993 ",
substitute "in accordance with section 17 or 18 of the Superannuation
(Unclaimed Money and Lost Members) Act 1999 ".
4 After subsection 27A(3C)
Insert:
- (3D)
- To avoid doubt, a reference in the definition of relevant
service period in subsection (1) to a period during which a taxpayer or fund
member was a member of a superannuation fund does not include a reference to a
period:
- (a)
- beginning when the trustee of the fund pays unclaimed money to
the Commissioner or a State or Territory authority (within the meaning of the
Superannuation (Unclaimed Money and Lost Members) Act 1999 ) in accordance
with that Act; and
- (b)
- ending when the Commissioner or the authority pays the
unclaimed money to the taxpayer or fund member in accordance with that Act.
- (3E)
- To avoid doubt, a reference in the definition of relevant service period
in subsection (1) to a period during which a taxpayer or depositor was a
depositor with an approved deposit fund does not include a reference to a
period:
- (a)
- beginning when the trustee of the fund pays unclaimed money to
the Commissioner or a State or Territory authority (within the meaning of the
Superannuation (Unclaimed Money and Lost Members) Act 1999 ) in accordance
with that Act; and
- (b)
- ending when the Commissioner or the authority pays the
unclaimed money to the taxpayer or depositor in accordance with that Act.
5
Paragraph 27CC(a)
Repeal the paragraph, substitute:
- (a)
- an amount is paid
to the Commissioner or a State or Territory authority (within the meaning of
the Superannuation (Unclaimed Money and Lost Members) Act 1999 ) under that
Act; and
- Note: The heading to section 27CC of the Income Tax Assessment
Act 1936 is altered by omitting " Insurance and Superannuation Commissioner "
and substituting " Commissioner etc. ".
6 Section 27CC
Omit "the Insurance
and Superannuation Commissioner" (second occurring), substitute "the
Commissioner or the authority".
7 Sub-subparagraph 140M(1)(a)(i)(B)
Omit "or
the Insurance and Superannuation Commissioner", substitute ", the Commissioner
or a State or Territory authority referred to in subsection 18(2) of the
Superannuation (Unclaimed Money and Lost Members) Act 1999 ".
8 Subparagraph
202(i)(i)
Omit "Parts 22 and", substitute "Part".
9 After paragraph 202(i)
Insert:
- (ia)
- to facilitate the administration of the Superannuation
(Unclaimed Money and Lost Members) Act 1999 (including the administration of
registers by State or Territory authorities (within the meaning of that Act)
in accordance with section 18 of that Act); and
10 Subparagraph 202(k)(i)
Omit "8 and".
11 Subsection 202DH(1)
After "the Superannuation Contributions
Tax (Assessment and Collection)
Act 1997 ", insert ", the Superannuation (Unclaimed Money and Lost
Members) Act 1999 ".
Retirement Savings Accounts Act 1997
12 Subparagraph
3(1)(c)(ii)
Repeal the subparagraph, substitute:
- (ii)
- Part 7; and
13
Section 16 (definition of e ligibility age )
Repeal the definition.
14
Section 16 (definition of unclaimed money )
Repeal the definition.
15
Section 16
Insert: Superannuation Acts means:
- (a)
- this Act; and
- (b)
- the
Superannuation Contributions Tax (Assessment and Collection) Act 1997 ; and
- (c)
- the Superannuation Contributions Tax (Members of Constitutionally
Protected Funds) Assessment and Collection Act 1997 ; and
- (d)
- the
Superannuation (Unclaimed Money and Lost Members) Act 1999 ; and
- (e)
- the
Termination Payments Tax (Assessment and Collection) Act 1997 .
16 Part 8
Repeal the Part.
17 Section 131
Omit "Surcharge", substitute "other
Superannuation".
18 Paragraph 132(b)
Omit "Surcharge", substitute "other
Superannuation".
19 Paragraph 133(1)(a)
Omit "Surcharge", substitute "other
Superannuation".
20 Section 134
Omit "Surcharge", substitute "other
Superannuation".
21 Subsection 135(1)
Omit "Surcharge", substitute "other
Superannuation".
22 Paragraph 136(1)(b)
Omit "Surcharge", substitute "other
Superannuation".
23 Paragraph 136(3)(b)
Omit "Surcharge", substitute "other
Superannuation".
24 Subsection 137(1)
Omit "Surcharge", substitute "other
Superannuation".
25 Paragraph 138(1)(b)
Omit "Surcharge", substitute "other
Superannuation".
26 Section 139
Omit "Surcharge", substitute "other
Superannuation".
27 Paragraph 139(b)
Omit "Surcharge", substitute "other
Superannuation".
28 Paragraph 140(c)
Omit "Surcharge", substitute "other
Superannuation".
29 Paragraph 141(a)
Omit "Surcharge" (wherever occurring),
substitute "other Superannuation".
30 Paragraph 142(2)(a)
Omit "Surcharge",
substitute "other Superannuation".
31 Paragraph 143(a)
Omit "Surcharge",
substitute "other Superannuation".
32 Subsections 144(3) and (4)
Repeal the
subsections.
33 Section 173 (paragraph (b) of the definition of modifiable
provision )
Omit "and", substitute "or".
34 Section 173 (paragraph (c) of
the definition of modifiable provision )
Omit "8 or ".
35 Section 173
(paragraph (d) of the definition of modifiable provision )
Omit "Parts",
substitute "that Part".
Small Superannuation Accounts Act 1995
36 Section 75
Omit "Australian Securities and Investments Commission" (wherever occurring),
substitute "Commissioner of Taxation".
37 Subsections 76(2) and (3)
Repeal the subsections, substitute:
Statement to be given to the Commissioner
- (2)
- As soon as practicable after the end of that period, the Commissioner must
record information about the account.
Tax file number
- (3)
- If the
individual's tax file number is known to the Commissioner, the record made for
the purposes of subsection (2) must set out that tax file number.
38
Subsections 76(6), (7) and (8)
Omit "Australian Securities and Investments
Commission", substitute "Commissioner of Taxation".
39 Section 77
Omit
"section 226 of the Superannuation Industry (Supervision) Act 1993 ",
substitute "section 19 of the Superannuation (Unclaimed Money and Lost
Members) Act 1999 ".
Superannuation Act 1976
40 Subsection 155C(3) (after
paragraph (c) of the definition of eligible regulatory law )
Insert:
- (ca)
- the Superannuation (Unclaimed Money and Lost Members) Act 1999 ; or
41
Paragraph 158A(3)(b)
Omit "section 225 of the SIS Act", substitute "the
Superannuation (Unclaimed Money and Lost Members) Act 1999 ".
42 Paragraph
158A(3)(b)
Omit "that section", substitute "that Act".
Superannuation Act 1990
43 Subsection 49(3) (after paragraph (c) of the
definition of eligible regulatory law )
Insert:
- (ca)
- the
Superannuation (Unclaimed Money and Lost Members) Act 1999 ; or
Superannuation Industry (Supervision) Act 1993
44 Subsection 2(3)
Omit
"22,".
45 Section 4 (table row relating to Part 22)
Repeal the row.
46
Subparagraph 6(1)(c)(v)
Repeal the subparagraph.
47 Subsection 10(1)
(definition of eligibility age )
Repeal the definition.
48 Subsection 10(1)
(definition of unclaimed money )
Repeal the definition.
49 Part 22
Repeal
the Part.
50 Section 299A
Omit "Surcharge", substitute "other
Superannuation".
51 Paragraph 299B(b)
Omit "Surcharge", substitute "other
Superannuation".
52 Paragraph 299C(1)(a)
Omit "Surcharge", substitute "other
Superannuation".
53 Section 299D
Omit "Surcharge", substitute "other
Superannuation".
54 Subsection 299E(1)
Omit "Surcharge", substitute "other
Superannuation".
55 Subsection 299G(1)
Omit "Surcharge" (wherever
occurring), substitute "other Superannuation".
56 Paragraph 299G(3)(b)
Omit
"Surcharge", substitute "other Superannuation".
57 Subsection 299H(1)
Omit
"Surcharge", substitute "other Superannuation".
58 Subsection 299J(1)
Omit
"Surcharge", substitute "other Superannuation".
59 Subsection 299K(1)
Omit
"Surcharge", substitute "other Superannuation".
60 Subsection 299L(1)
Omit
"Surcharge", substitute "other Superannuation".
61 Paragraph 299M(1)(b)
Omit "Surcharge", substitute "other Superannuation".
62 Paragraph 299N(1)(b)
Omit "Surcharge", substitute "other Superannuation".
63 Section 299P
Omit
"Surcharge" (wherever occurring), substitute "other Superannuation".
64
Paragraph 299Q(c)
Omit "Surcharge", substitute "other Superannuation".
65
Paragraph 299R(1)(a)
Omit "Surcharge", substitute "other Superannuation".
66
Paragraph 299R(2)(a)
Omit "Surcharge", substitute "other Superannuation".
67
Paragraph 299S(2)(a)
Omit "Surcharge", substitute "other Superannuation".
68
Paragraph 299T(d)
Omit "Surcharge", substitute "other Superannuation".
69
Subsections 299U(4) and (5)
Repeal the subsections.
70 Section 299W
Insert:
Superannuation Acts means the following:
- (a)
- this Act;
- (b)
- the
Superannuation Contributions Tax (Assessment And Collection) Act 1997 ;
- (c)
- the Superannuation Contributions Tax (Members of Constitutionally
Protected Superannuation Funds) Assessment and Collection Act 1997 ;
- (d)
- the
Superannuation (Unclaimed Money and Lost Members) Act 1999 ;
- (e)
- the
Termination Payments Tax (Assessment and Collection) Act 1997 .
71
Subsection 299Z(2)
Omit "Surcharge", substitute "other Superannuation".
72
Subsection 299Z(3)
Omit "Surcharge", substitute "other Superannuation".
73
Section 327 (paragraph (b) of the definition of modifiable provision )
Omit
", 22".
74 At the end of section 381
Add:
- Note: Part 22 was repealed by
the Superannuation (Unclaimed
Money and Lost Members) Consequential and Transitional Act 1999 .
Taxation Administration Act 1953
75 Paragraph 8WA(1)(b)
After "(i)", insert
", (ia)".
76 Paragraphs 8WB(1)(d) and (e)
After "(i)", insert ", (ia)".
SUPERANNUATION (UNCLAIMED MONEY AND LOST MEMBERS) CONSEQUENTIAL AND TRANSITIONAL ACT 1999
Schedule 2Amendments relating to the enactment of the
Public Service Act 1999
Superannuation (Unclaimed Money and Lost Members) Act 1999
1 Paragraph
31(1)(b)
Repeal the paragraph, substitute:
- (b)
- a person engaged under the
Public Service Act 1999 in the Agency (within the meaning of that Act) of
which the Commissioner is the Agency Head; or
2 Section 45
Omit "an officer
or employee within the meaning of the Public Service Act 1922 ", substitute
"engaged under the Public Service Act 1999 ".
SUPERANNUATION (UNCLAIMED MONEY AND LOST MEMBERS) CONSEQUENTIAL AND TRANSITIONAL ACT 1999
Schedule 3Other amendments Part 1Amendments commencing at the
same time as the Retirement
Savings Accounts (Consequential Amendments) Act 1997
Income Tax Assessment Act 1936
1 Paragraph 202(k) (second occurring)
Reletter as paragraph (ka).
Taxation Administration Act 1953
2 Paragraph
8WA(1)(b)
Omit "or (j)", substitute ", (j) or (ka)".
3 Paragraphs 8WB(1)(d)
and (e)
Omit "or (k)", substitute ", (k) or (ka)".
Part 2Amendments
commencing on Royal Assent Income Tax Assessment Act 1936
4 Paragraph 202(k)
Repeal the paragraph.
Taxation Administration Act 1953
5 Paragraph 8WA(1)(a)
Omit "or (k)".
6 Paragraphs 8WB(1)(d) and (e)
Omit ", (k)".
(145/99)
Minister's second reading speech made in
House of Representatives on 30
June 1999
Senate on 23 August 1999