PART 3
-
PAYMENT OF UNCLAIMED MONEY TO THE COMMISSIONER
Division 1
-
Preliminary
History
Div 1 heading inserted by
No 27 of 2009
, s 3 and Sch 2 item 9, effective 27 March 2009.
SECTION 13
SUPERANNUATION PROVIDER MUST MAKE REASONABLE EFFORTS TO CONTACT THE MEMBER OR TO ENSURE THAT A BENEFIT IS RECEIVED
13(1)
A superannuation provider for a fund must make reasonable efforts to contact a member of the fund if:
(a)
paragraphs
12(1)(a)
and (c) are satisfied in relation to the member; and
(b)
5 years have passed since the provider last had contact with the member.
History
S 13(1) amended by
No 27 of 2009
, s 3 and Sch 2 item 10, by substituting
"
for a fund
"
for
"
in relation to a fund
"
, effective 27 March 2009.
S 13(1) substituted by No 9 of 2007, s 3 and Sch 7 item 6, applicable on and after 1 July 2007. S 13(1) formerly read:
13(1)
If paragraphs 12(1)(a), (b) and (c) are satisfied in relation to a member of a fund, the superannuation provider must make reasonable efforts to ensure that the member receives the benefit.
S 13(1) amended by No 114 of 2001.
13(1A)
If paragraphs
12(2)(a) and (b)
are satisfied, the superannuation provider must make reasonable efforts to ensure that the non-member spouse or his or her legal personal representative, as the case may be, receives the amount.
History
S 13(1A) inserted by No 114 of 2001.
13(1B)
(Repealed by No 133 of 2009)
History
S 13(1B) repealed by No 133 of 2009, s 3 and Sch 3 item 13, applicable in relation to: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.
S 13(1B) formerly read:
13(1B)
For the purposes of subsection (1A),
non-member spouse
has the same meaning as in Part VIIIB of the
Family Law Act 1975
.
S 13(1B) inserted by No 114 of 2001.
13(2)
Offence.
A superannuation provider commits an offence if the superannuation provider fails to comply with the obligation set out in subsection (1) or (1A).
Penalty for contravention of this subsection: 100 penalty units.
Note 1:
Chapter
2
of the
Criminal Code
sets out the general principles of criminal responsibility.
Note 2:
See section
4AA
of the
Crimes Act 1914
for the current value of a penalty unit.
History
S 13(2) amended by No 61 of 2016, s 3 and Sch 2 item 100, by substituting
"
Penalty for contravention of this subsection
"
for
"
Maximum penalty
"
in the penalty, effective 21 October 2016.
S 13(2) amended by No 4 of 2016, s 3 and Sch 4 items 1 and 301, by substituting
"
commits
"
for
"
is guilty of
"
, effective 10 March 2016.
S 13(2) amended by No 114 of 2001.