Superannuation (Unclaimed Money and Lost Members) Act 1999

PART 3A - PAYMENT OF UNCLAIMED SUPERANNUATION OF FORMER TEMPORARY RESIDENTS

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Division 2 - Notices to superannuation providers about certain persons

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SECTION 20C COMMISSIONER MUST GIVE NOTICES ABOUT CERTAIN FORMER TEMPORARY RESIDENTS

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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.

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(c) (Repealed by No 27 of 2009 )

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(d) (Repealed by No 27 of 2009 )

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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)

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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 .

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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.

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