Superannuation (Unclaimed Money and Lost Members) Act 1999

Definition of " account " substituted by No 16 of 2019, s 3 and Sch 3 item 20, effective 13 March 2019. For application and transitional provisions, see note under Part 3B heading. The definition formerly read:

account
, in a fund, has a meaning affected by subsection 24B(3).

Definition of " account " inserted by No 133 of 2009, s 3 and Sch 3 item 6, applicable in relation to:

(a) the last unclaimed money day (within the meaning of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ) occurring before 1 July 2010; and

(b) later unclaimed money days.

Definition of " approved form " substituted by No 151 of 2008, s 3 and Sch 1 item 5, effective 18 December 2008. The definition formerly read:

approved form
means a form approved by the Commissioner, in writing, under section 49 for the purposes of the provision in which the expression appears.

Definition of " authorised officer " repealed by No 2 of 2015, s 3 and Sch 2 item 64, effective 1 July 2015. The definition formerly read:

authorised officer
means a person who has been authorised in writing by the Commissioner under section 45 for the purposes of the provision in which the expression occurs.

Definition of " choice product " inserted by No 16 of 2019, s 3 and Sch 3 item 21, effective 13 March 2019. For application and transitional provisions, see note under Part 3B heading.

Definition of " Commonwealth public sector superannuation scheme " inserted by No 117 of 2010, s 3 and Sch 1 item 3, effective 17 November 2010.

Definition of " court " repealed by No 145 of 2010, s 3 and Sch 2 item 87, effective 17 December 2010. The definition formerly read:

court
includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

Definition of " eligible rollover fund " inserted by No 24 of 2021, s 3 and Sch 1 item 24, effective 23 March 2021.

Definition of " eligible rollover fund member " inserted by No 24 of 2021, s 3 and Sch 1 item 24, effective 23 March 2021.

Definition of " engage in conduct " inserted by No 151 of 2008, s 3 and Sch 1 item 6, effective 18 December 2008.

Definition of " ERF low balance account " inserted by No 24 of 2021, s 3 and Sch 1 item 24, effective 23 March 2021.

Definition of " financial sector supervisory agency " amended by No 42 of 2003.

Definition of " former temporary resident " inserted by No 27 of 2009 , s 3 and Sch 2 item 6, effective 27 March 2009.

Definition of " general interest charge " inserted by No 151 of 2008, s 3 and Sch 1 item 7, effective 18 December 2008.

Definition of " inactive low-balance account " inserted by No 16 of 2019, s 3 and Sch 3 item 21, effective 13 March 2019. For application and transitional provisions, see note under Part 3B heading.

Definition of " inactive low-balance member " inserted by No 16 of 2019, s 3 and Sch 3 item 21, effective 13 March 2019. For application and transitional provisions, see note under Part 3B heading.

Definition of " inactive low-balance product " inserted by No 16 of 2019, s 3 and Sch 3 item 21, effective 13 March 2019. For application and transitional provisions, see note under Part 3B heading.

Definition of " KiwiSaver scheme " inserted by No 118 of 2020, s 3 and Sch 2 item 9, applicable in relation to payments of amounts made by the Commissioner on or after 11 December 2021, regardless of when the amounts were received by the Commissioner.

Definition of " KiwiSaver scheme provider " inserted by No 118 of 2020, s 3 and Sch 2 item 9, applicable in relation to payments of amounts made by the Commissioner on or after 11 December 2021, regardless of when the amounts were received by the Commissioner.

Definition of " leave Australia " inserted by No 151 of 2008, s 3 and Sch 1 item 8, effective 18 December 2008.

Definition of " legal personal representative " inserted by No 151 of 2008, s 3 and Sch 1 item 9, effective 18 December 2008.

Definition of " life insurance company " amended by No 75 of 2009, s 3 and Sch 1 item 222, by inserting " section 21 of " after " under " in para (a), effective 28 February 2010.

Definition of " lost member " substituted by No 8 of 2019, s 3 and Sch 4 item 9, effective 1 April 2019. The definition formerly read:

lost member
has the meaning given by section 22.

Definition of " lost member account " inserted by No 133 of 2009, s 3 and Sch 3 item 7, applicable in relation to:

(a) the last unclaimed money day (within the meaning of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ) occurring before 1 July 2010; and

(b) later unclaimed money days.

Definition of " MySuper product " inserted by No 16 of 2019, s 3 and Sch 3 item 21, effective 13 March 2019. For application and transitional provisions, see note under Part 3B heading.

Definition of " New Zealand eligibility age " inserted by No 127 of 2021, s 3 and Sch 3 item 78, applicable in relation to payments of amounts made by the Commissioner on or after 11 December 2021, regardless of when the amounts were received by the Commissioner.

Definition of " New Zealand-sourced amount " inserted by No 127 of 2021, s 3 and Sch 3 item 78, applicable in relation to payments of amounts made by the Commissioner on or after 11 December 2021, regardless of when the amounts were received by the Commissioner.

Definition of " non-member spouse " substituted by No 112 of 2020, s 3 and Sch 3 item 100, effective 28 September 2022. For transitional provision, see note under s 20F(4) . The definition formerly read:

non-member spouse
has the same meaning as in Part VIIIB of the Family Law Act 1975 .

Definition of " non-member spouse " inserted by No 133 of 2009, s 3 and Sch 3 item 8, applicable in relation to:

(a) the last unclaimed money day (within the meaning of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ) occurring before 1 July 2010; and

(b) later unclaimed money days.

Definition of " payment split " substituted by No 112 of 2020, s 3 and Sch 3 item 101, effective 28 September 2022. For transitional provision, see note under s 20F(4) . The definition formerly read:

payment split
means a payment split under Part VIIIB of the Family Law Act 1975 .

Definition of " payment split " inserted by No 133 of 2009, s 3 and Sch 3 item 9, applicable in relation to:

(a) the last unclaimed money day (within the meaning of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ) occurring before 1 July 2010; and

(b) later unclaimed money days.

Definition of " protected document " repealed by No 145 of 2010, s 3 and Sch 2 item 88, effective 17 December 2010. The definition formerly read:

protected document
means a document that:

(a) contains information about a person; and

(b) is obtained or made by a person referred to in subsection 31(1) in the course of, or because of, the person ' s duties under or in relation to this Act.

Definition of " protected information " repealed by No 145 of 2010, s 3 and Sch 2 item 89, effective 17 December 2010. The definition formerly read:

protected information
means information that:

(a) concerns a person; and

(b) is disclosed to, or obtained by, a person referred to in subsection 31(1) in the course of, or because of, the person ' s duties under or in relation to this Act.

Definition of " public sector superannuation scheme " substituted by No 117 of 2010, s 3 and Sch 1 item 4, effective 17 November 2010. The definition formerly read:

public sector superannuation scheme
means a scheme for the payment of superannuation, retirement or death benefits, where the scheme is established:

(a) by or under a law of the Commonwealth, a law of a State or a law of a Territory; or

(b) under the authority of:

(i) the Commonwealth or the government of a State or Territory; or

(ii) a municipal corporation, another local governing body or a public authority constituted by or under a law of the Commonwealth, a law of a State or a law of a Territory.

Definition of " scheduled statement day " amended by No 16 of 2019, s 3 and Sch 3 item 22, by substituting " , 3B or 4A " for " or 4A " in para (a), effective 13 March 2019. For application and transitional provisions, see note under Part 3B heading.

Definition of " scheduled statement day " amended by No 133 of 2009, s 3 and Sch 3 item 10, by inserting " or 4A " after " Part 3 " in para (a), applicable in relation to:

(a) the last unclaimed money day (within the meaning of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ) occurring before 1 July 2010; and

(b) later unclaimed money days.

Definition of " scheduled statement day " substituted by No 27 of 2009 , s 3 and Sch 2 item 7, effective 27 March 2009. The definition formerly read:

scheduled statement day
has the meaning given by section 20B .

Definition of " scheduled statement day " inserted by No 151 of 2008, s 3 and Sch 1 item 10, effective 18 December 2008.

Definition of " self managed superannuation fund " inserted by No 127 of 2021, s 3 and Sch 3 item 78, applicable in relation to payments of amounts made by the Commissioner on or after 11 December 2021, regardless of when the amounts were received by the Commissioner.

Definition of " splittable payment " substituted by No 112 of 2020, s 3 and Sch 3 item 102, effective 28 September 2022. For transitional provision, see note under s 20F(4) . The definition formerly read:

splittable payment
has the same meaning as in Part VIIIB of the Family Law Act 1975 .

Definition of " splittable payment " inserted by No 133 of 2009, s 3 and Sch 3 item 11, applicable in relation to:

(a) the last unclaimed money day (within the meaning of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ) occurring before 1 July 2010; and

(b) later unclaimed money days.

Definition of " State or Territory public sector superannuation scheme " inserted by No 117 of 2010, s 3 and Sch 1 item 5, effective 17 November 2010.

Definition of " Superannuation Complaints Tribunal " repealed by No 13 of 2018 (as amended by No 35 of 2022), s 3 and Sch 3 item 30, effective 5 March 2022. No 13 of 2018 (as amended by No 35 of 2022), s 3 and Sch 3 items 32 - 35 contain the following application, saving and transitional provisions:

Part 3 - Application, saving and transitional provisions

32 Existing determinations unaffected  
…

(2)
The amendments of Acts made by Part 2 of this Schedule do not apply in relation to such a determination, and those Acts continue to apply after the commencement of that Part in relation to such a determination as if those amendments had not been made.
33 Transfer of records  
(1)
This item applies to any records or documents that were in the possession of the following immediately before the commencement of Part 1 of this Schedule:
(a) a member of the Superannuation Complaints Tribunal;
(b) a member of the staff of the Australian Securities and Investments Commission who had been made available to the Superannuation Complaints Tribunal under section 62 of the Superannuation (Resolution of Complaints) Act 1993 .

(2)
The records and documents are to be transferred to the Australian Securities and Investments Commission after that commencement.

Note:

The records and documents are Commonwealth records for the purposes of the Archives Act 1983 .

Records and documents taken to be protected information

(3)
For the purposes of section 127 of the Australian Securities and Investments Commission Act 2001 , a record or document transferred to the Australian Securities and Investments Commission under subitem (2) of this item is taken to be protected information, unless the document or record has already been lawfully made available to the public.
34 Remittal of matters by the Federal Court  
(1)
This item applies in relation to an appeal to the Federal Court under section 46 of the Superannuation (Resolution of Complaints) Act 1993 , as in force immediately before the commencement of Part 1 of this Schedule, from a determination of the Superannuation Complaints Tribunal, if the appeal was not finally determined before that commencement.

(2)
Without limiting the powers of the Federal Court, the Federal Court may make an order remitting the matter to be determined by the Australian Financial Complaints Authority in accordance with the directions of the Court.
35 Transitional rules  
(1)
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

(2)
To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.

The definition formerly read:

Superannuation Complaints Tribunal
means the Superannuation Complaints Tribunal established by the Superannuation (Resolution of Complaints) Act 1993 .

Definition of " superannuation interest " inserted by No 151 of 2008, s 3 and Sch 1 item 11, effective 18 December 2008.

Definition of " unclaimed money day " inserted by No 27 of 2009 , s 3 and Sch 2 item 8, effective 27 March 2009.

Definition of " unfunded public sector scheme " inserted by No 117 of 2010, s 3 and Sch 1 item 6, effective 17 November 2010.