PART 3A
-
PAYMENT OF UNCLAIMED SUPERANNUATION OF FORMER TEMPORARY RESIDENTS
History
Part 3A inserted by No 151 of 2008, s 3 and Sch 1 item 16, effective 18 December 2008.
Division 2
-
Notices to superannuation providers about certain persons
History
Div 2 inserted by No 151 of 2008, s 3 and Sch 1 item 16, effective 18 December 2008.
SECTION 20C
COMMISSIONER MUST GIVE NOTICES ABOUT CERTAIN FORMER TEMPORARY RESIDENTS
20C(1)
The Commissioner must give a superannuation provider for a fund a written notice if the Commissioner is satisfied that:
(a)
there are reasonable grounds for believing that a particular person has a superannuation interest in the fund; and
(b)
the person is a former temporary resident.
(c)
(Repealed by
No 27 of 2009
)
(d)
(Repealed by
No 27 of 2009
)
History
S 20C(1) amended by
No 27 of 2009
, s 3 and Sch 2 item 29, by substituting para (b) for paras (b) to (d), effective 27 March 2009.
No 27 of 2009
, s 3 and Sch 2 item 70 contains the following saving provision:
Saving
-
regulations
70(1)
If, just before 27 March 2009, regulations made for the purposes of subparagraph 20C(1)(b)(i) of the
Superannuation (Unclaimed Money and Lost Members) Act 1999
were in force, the regulations have effect, from that commencement, as if they had been made for the purposes of subsection
20AA(2) of that Act, as inserted.
…
Paras (b) to (d) formerly read:
(b)
before, on or after the commencement of this section, the person:
(i)
was, under the
Migration Act 1958
, the holder of a temporary visa, except a visa prescribed by the regulations, that has ceased to be in effect; and
(ii)
left Australia after starting to be the holder of the visa (whether the visa ceased to be in effect before, when or after the person left); and
(c)
at least 6 months have passed since the later of the following events (or either of them if they occurred at the same time):
(i)
the visa ceased to be in effect;
(ii)
the person left Australia; and
(d)
the person:
(i)
is not, under that Act, the holder of a temporary visa or permanent visa; and
(ii)
is neither an Australian citizen nor a New Zealand citizen; and
(iii)
has not made a valid application for a permanent visa that has not been finally determined under that Act.
20C(2)
The notice must:
(a)
identify the person; and
(b)
include the information (if any) prescribed by the regulations for the purposes of this paragraph.
Note:
The notice may contain the tax file number of the person and of the fund: see section
25A
.
20C(3)
Subsection (1) does not apply if:
(a)
the superannuation provider is:
(i)
the trustee of a State or Territory public sector superannuation scheme; or
(ii)
the superannuation provider for an unfunded public sector scheme; and
(b)
the scheme is not prescribed for the purposes of section
20JA
.
History
S 20C(3) substituted by No 117 of 2010, s 3 and Sch 1 item 8, effective 17 November 2010. S 20C(3) formerly read:
20C(3)
Subsection (1) does not apply to:
(a)
a superannuation provider who is the trustee of a State or Territory public sector superannuation scheme within the meaning of section
18
; or
(b)
a superannuation provider for an unfunded public sector scheme within the meaning of the
Superannuation Guarantee (Administration) Act 1992
.
20C(4)
A notice under subsection (1) cannot be amended.
Note:
Section
20J
deals with revocation of a notice given under this section.
20C(5)
A notice under subsection (1) is not a legislative instrument.
History
S 20C inserted by No 151 of 2008, s 3 and Sch 1 item 16, effective 18 December 2008.