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Superannuation (Unclaimed Money and Lost Members) Act 1999
In force
Administered by
Department of the Treasury
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C2022C00273 (C42)
28 September 2022
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Part 1—Preliminary
1 Short title
2 Commencement
3 Application
4 Act to bind Crown
5 Extension to Territories
6 Objects of Act
7 Outline of Act
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Part 2—Interpretation
8 Definitions
9 Accrual of benefits in defined benefits superannuation schemes
10 Meaning of eligibility age
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Part 3—Payment of unclaimed money to the Commissioner
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Division 1—Preliminary
11 Object of Part
12 Meaning of unclaimed money—general meaning
13 Superannuation provider must make reasonable efforts to contact the member or to ensure that a benefit is received
14 Meaning of unclaimed money—deceased member
15 Superannuation provider must make reasonable efforts to ensure that the person receives the benefit
15A Setting dates for statements and payments
Division 2—Statement of unclaimed money
16 Statement of unclaimed money
16A Error or omission in statement
Division 3—Payment of unclaimed money
17 Payment of unclaimed money
17A Payments of unclaimed money—late payments
Division 4—Various rules for special cases
18 State or Territory public sector superannuation schemes
18AA Prescribed public sector superannuation schemes
18A Refund of overpayment made by superannuation provider
18B Commissioner may recover overpayment
18C Superannuation provider to return payment from Commissioner that cannot be credited
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Part 3AA—Register of unclaimed money
19 Register of unclaimed money
20 Commissioner may give information to State and Territory authorities
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Part 3A—Payment of unclaimed superannuation of former temporary residents
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Division 1—Preliminary
20A Simplified outline
20AA Meaning of former temporary resident
20B Setting dates for statements and payments
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Division 2—Notices to superannuation providers about certain persons
20C Commissioner must give notices about certain former temporary residents
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Division 3—Effects of notice being given to superannuation provider
20D Application
20E Superannuation provider must give statement to Commissioner by scheduled statement day
20F Superannuation provider must pay Commissioner unclaimed superannuation
20G Effect of payment by superannuation provider
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Division 4—Payment by Commissioner
20H Payment by Commissioner in respect of person for whom an amount has been paid to Commissioner
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Division 5—Various rules for special cases
20J Revoking Commissioner’s notice to superannuation provider about person
20JA Prescribed public sector superannuation schemes
20K Refund of overpayment made by superannuation provider
20L Commissioner may recover overpayment under section 20H
20M Superannuation provider to return payment from Commissioner that cannot be credited
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Division 6—Administration
20N Disclosure of migration and citizenship information
20P Review of Commissioner’s notices and decisions
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Part 3B—Payment of low balances in inactive accounts to the Commissioner
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Division 1—Preliminary
20Q Object of Part
20QA Meaning of inactive low balance account, inactive low balance member and inactive low balance product
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Division 2—Statements on inactive low balance accounts
20QB Statements on inactive low balance accounts
20QC Error or omission in statement
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Division 3—Payment in respect of inactive low balance accounts
20QD Payment in respect of inactive low balance accounts
20QE Payment in respect of inactive low balance accounts—late payments
20QF Payment by Commissioner in respect of person for whom an amount has been paid to Commissioner
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Division 4—Various rules for special cases
20QG State or Territory public sector superannuation schemes
20QH Prescribed public sector superannuation schemes
20QJ Refund of overpayment made by superannuation provider
20QK Commissioner may recover overpayment
20QL Superannuation provider to return payment from Commissioner that cannot be credited
20QM Compensation for acquisition of property
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Part 3C—Payment of balances in accounts of eligible rollover funds to the Commissioner
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Division 1—Preliminary
21 Object of Part
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Division 2—Statements on accounts of eligible rollover funds
21A Statements on accounts of eligible rollover funds
21B Errors or omissions in statements
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Division 3—Payments in respect of accounts of eligible rollover funds
21C Payments in respect of accounts of eligible rollover funds
21D Late payments
21E Payments by Commissioner in respect of persons for whom amounts have been paid to Commissioner
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Division 4—Various rules for special cases
21F Refund of overpayment made by superannuation provider
21G Commissioner may recover overpayment
21H Superannuation provider to return payment from Commissioner that cannot be credited
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Part 3D—Payment of other amounts to the Commissioner
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Division 1—Payments by superannuation providers
22 Superannuation provider may pay amounts to Commissioner
22A Errors or omissions in statements
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Division 2—Payments by Commissioner
22B Payments by Commissioner in respect of persons for whom amounts have been paid to Commissioner
22C Refund of overpayment made by superannuation provider
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Division 3—Various rules for special cases
22D Prescribed public sector superannuation schemes
22E Commissioner may recover overpayment
22F Superannuation provider to return payment from Commissioner that cannot be credited
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Part 4—Register of lost members
23 Register of lost members
24 Commissioner may give information to State or Territory authorities
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Part 4A—Payment of lost member accounts to the Commissioner
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Division 1—Preliminary
24A Object of Part
24B Meaning of lost member account
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Division 2—Statement of lost member accounts
24C Statement of lost member accounts
24D Error or omission in statement
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Division 3—Payment in respect of lost member accounts
24E Payment in respect of lost member accounts
24F Payment in respect of lost member accounts—late payments
24G Payment by Commissioner in respect of person for whom an amount has been paid to Commissioner
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Division 4—Various rules for special cases
24H State or Territory public sector superannuation schemes
24HA Prescribed public sector superannuation schemes
24J Refund of overpayment made by superannuation provider
24K Commissioner may recover overpayment
24L Superannuation provider to return payment from Commissioner that cannot be credited
24M Compensation for acquisition of property
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Part 4B—Reunification of superannuation balances
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Division 1—Preliminary
24N Object of this Part
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Division 2—Transferring balances to an active account
24NA Transferring balances to an active account
24NAA Commissioner may recover overpayment
24NB Superannuation provider to return payment from Commissioner that cannot be credited
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Part 5—Tax file numbers
25 Forms etc. may require tax file number
25A Notices under section 20C may include tax file numbers
26 Provision of tax file numbers by trustees of regulated exempt public sector superannuation schemes
27 Registers may contain tax file numbers
28 Use of tax file numbers
29 Requesting tax file numbers
30 Quoting tax file numbers
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Part 7—Administration
40 General administration of Act
41 Annual report
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Part 8—Miscellaneous
42 Act not to operate so as to contravene Constitution
43 Application of the Criminal Code
44 Publication etc. of information in registers
48 Records to be kept and retained by superannuation provider
49 Money paid to Commissioner not held on trust
49AA Money paid to Commissioner that is a New Zealand sourced amount
49A Money transferred to State or Territory authorities
50 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
