20HPayment by Commissioner in respect of person for whom an amount has been paid to Commissioner

20H Payment by Commissioner in respect of person for whom an amount has been paid to Commissioner

(1) This section applies in relation to a person if the Commissioner is satisfied, on application in the approved form or on the Commissioner’s own initiative, that: (a) either: (i) the person has been identified in a notice under section 20C; or (ii) the person was, under the Migration Act 1958, the holder of a temporary visa, except a visa prescribed by the regulations, that ceased to be in effect at least 6 months ago, and the person left Australia at least 6 months ago but after starting to be the holder of the visa; and (b) the total of: (i) the amounts (if any) paid to the Commissioner under subsection 17(1) (before, on or after the commencement of this section) in respect of the person; and (ii) the amounts (if any) paid to the Commissioner under subsection 20F(1) in respect of the person; and (iiaa) the amounts (if any) paid to the Commissioner under section 20QD in respect of the person; and (iiab) the amounts (if any) paid to the Commissioner under section 21C in respect of the person; and (iiac) the amounts (if any) paid to the Commissioner under section 22 in respect of the person; and (iia) the amounts (if any) paid to the Commissioner under section 24E in respect of the person; exceeds the total of: (iii) the amounts (if any) paid by the Commissioner under subsection 17(2) (before, on or after the commencement of this section) in respect of the person; and (iv) the amounts (if any) paid by the Commissioner under all the earlier operations (if any) of subsections (2) and (3) of this section in respect of the person (disregarding an amount paid under subsection (3), to the extent the amount was attributable to interest that would have been payable under subsection (2A) apart from subsection (3)); and (v) the amounts (if any) paid by the Commissioner under section 20K in respect of the person; and (va) the amounts (if any) paid by the Commissioner under subsection 20QF(2) in respect of the person; and (vb) the amounts (if any) paid by the Commissioner under subsection 21E(2) in respect of the person; and (vc) the amounts (if any) paid by the Commissioner under subsection 22B(2) in respect of the person; and (vi) the amounts (if any) paid by the Commissioner under subsection 24G(2) in respect of the person. (2) The Commissioner must pay the excess: (a) to the person; or (b) to a single fund that is a complying superannuation plan (within the meaning of the Income Tax Assessment Act 1997), if the person directs the Commissioner to pay to the fund and the Commissioner is satisfied that the person is: (i) an Australian citizen; or (ii) a New Zealand citizen; or (iii) under the Migration Act 1958, the holder of a permanent visa or a visa prescribed by the regulations; or (ba) to a single KiwiSaver scheme provider, if the person directs the Commissioner to pay to the provider and the matters (if any) prescribed by the regulations are satisfied; or (c) to the person’s legal personal representative, if the person has died. (2AAA) Despite paragraph (2)(b), the Commissioner must not pay the excess to a single fund if the excess includes a New Zealand‑sourced amount and either: (a) the fund is a self managed superannuation fund; or (b) the superannuation provider for the fund has not notified the Commissioner, in the approved form, that the fund accepts New Zealand‑sourced amounts. (2AA) If the Commissioner makes a payment under subsection (2) on or after 1 July 2013, the Commissioner must also pay to the person, fund, KiwiSaver scheme provider or legal personal representative the amount of interest (if any) worked out in accordance with the regulations. (2AB) Regulations made for the purposes of subsection (2AA) may prescribe different rates for different periods over which the interest accrues. For this purpose, rate includes a nil rate. (2A) If the Commissioner makes a payment under subsection (2) before 1 July 2013, the Commissioner must also pay to the person, fund or legal personal representative the amount (if any) of interest worked out under subsection (2B), if the Commissioner is satisfied that: (a) the person is (or was just before dying) an Australian citizen or, under the Migration Act 1958, the holder of a permanent visa; and (b) after 30 June 2007 either: (i) the person left Australia; or (ii) the person was, under the Migration Act 1958, the holder of a temporary visa. (2B) Work out, in accordance with the regulations, the amount of interest: (a) on so much (if any) of the excess as is attributable (directly or indirectly) to one or more amounts paid to the Commissioner under subsection 20F(1) and not to payments to or by the Commissioner under subsection 17(1) or (2), section 20QD or subsection 20QF(2), section 21C or subsection 21E(2), section 22 or subsection 22B(2), or section 24E or subsection 24G(2); and (b) at a rate equal to the annual yield on Treasury bonds with a 10‑year term or, if another rate is prescribed by the regulations, that other rate.