Unclaimed Superannuation Benefits Act 1998
1Unclaimed Superannuation Benefits Act 1998
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NORTHERN TERRITORY OF AUSTRALIA UNCLAIMED SUPERANNUATION BENEFITS ACT 1998 As in force at 1 July 2010 Table of provisions 1 Short title ......................................................................................... 1 2 Definitions ........................................................................................ 1 3 Application of Act ............................................................................. 2 4 Statement of unclaimed superannuation benefits ............................ 2 5 Payment of unclaimed superannuation benefits .............................. 3 6 Treasurer to refund certain amounts ............................................... 3 7 Register of unclaimed superannuation benefits ............................... 3 8 Discharge of liability ......................................................................... 4 9 Trustee not in breach of trust ........................................................... 4 10 Conflict with governing instrument of public sector scheme ............ 4 ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2010
UNCLAIMED SUPERANNUATION BENEFITS ACT 1998 An Act to provide for the payment of unclaimed superannuation benefits to the Treasurer and for related purposes 1 Short title This Act may be cited as the Unclaimed Superannuation Benefits Act 1998. 2 Definitions In this Act, unless the contrary intention appears: Commonwealth Act means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth as amended from time to time or as modified from time to time under section 332 of that Act. exempt public sector superannuation scheme means an exempt public sector superannuation scheme as defined in the Commonwealth Act. data processing device means an article or material (including a disc) from which information is capable of being reproduced with or without the aid of any other article or device. fund means: (a) a fund as defined in Part 22 of the Commonwealth Act; and (b) an exempt public sector superannuation scheme. half-year means a period of 6 months ending on 30 June or 31 December. trustee means a trustee as defined in the Commonwealth Act. unclaimed superannuation benefit means an amount of money that is taken by Part 22 of the Commonwealth Act to be unclaimed money.
Unclaimed Superannuation Benefits Act 1998 2 3 Application of Act This Act applies to a fund and the trustee of a fund if: (a) the trustee is a corporation within the meaning of the Corporations Act 2001 and its registered office within the meaning of that Act is in the Territory; (b) in the case of a trustee of a fund who is a natural person, the principal place where the trustee carries on business as a trustee is in the Territory; (c) in the case of an exempt public sector superannuation scheme, the principal place where the fund is administered is in the Territory; or (d) where there are 2 or more trustees of the fund and paragraph (a) or (b) applies to one or more but not to all the trustees, the principal place where the fund is administered is in the Territory. 4 Statement of unclaimed superannuation benefits (1) The trustee of a fund must give to the Treasurer a statement (in a form approved by the Treasurer) of all unclaimed superannuation benefits in the fund as at 30 June 1997, as at 31 December 1997 and as at the end of each subsequent half-year. (2) The trustee must give the Treasurer the statement: (a) as at 30 June 1997, on or before 30 April 1998; (b) in relation to a half-year ending on 31 December, on or before the following 30 April; or (c) in relation to a half-year ending on 30 June, on or before the following 31 October, or on or before a later date that the Treasurer approves by notice in writing given to the trustee whether before or after 31 October or 30 April, as the case requires. (3) If, after the end of a half-year and before the trustee gives the statement to the Treasurer, the trustee pays any unclaimed superannuation benefit to a person who is entitled to it, the statement must contain the particulars about the payment as required by the form approved under subsection (1).