Superannuation (Unclaimed Money and Lost Members) Act 1999

PART 3 - PAYMENT OF UNCLAIMED MONEY TO THE COMMISSIONER  

Division 4 - Various rules for special cases  

SECTION 18AA   PRESCRIBED PUBLIC SECTOR SUPERANNUATION SCHEMES  

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 Legislation 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.

18AA(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.