the fee is an administration fee or investment fee; and

the fee is charged at a reduced amount, in accordance with section 99G, in relation to one or more members of the fund who hold the MySuper product; and

in relation to the remaining members of the fund who hold the MySuper product, the fee would satisfy a charging rule in another subsection of this section if those were the only members of the fund who held the MySuper product.

the administration fee is charged at a reduced amount, in accordance with section 99G, in relation to one or more employee members of the fund;

in relation to the remaining employee members of the fund, the administration fee would be in accordance with subsection (2), (3) or (4) if those were the only employee members of the fund.

either:

the cap is the same for all of those members; or

if the administration fee is charged at a reduced amount, in accordance with section 99G, in relation to one or more of those members—the cap is the same for all of the remainder of those members; and

the calculation of a member’s account balance with the fund on a particular day, or a member’s account balance with the fund on a particular day that relates to a choice product or MySuper product;

the trustee, or trustees, of a regulated superannuation fund offer a choice product or MySuper product; and

on the last day of a year of income of the fund a member of the fund has an account balance with the fund that relates to the product that is less than $6,000.

administration fees charged to the member in relation to the product for the year;

investment fees charged to the member in relation to the product for the year;

an amount worked out in accordance with the regulations (if any) that:

is not charged to the member as a fee; and

is incurred by the trustee or the trustees of the fund in relation to the year; and

relates to the administration of the fund or the investment of the assets of the fund.

the member held the product for the whole of the year; and

so much of the member’s account balance with the fund on the last day on which the member held the product during the year as relates to the product were the member’s account balance for the product on the last day of the year.

the trustee, or trustees, of the fund offer a choice product or MySuper product; and

on the last day of the year a member of the fund has an account balance with the fund that relates to the product that is less than $6,000; and

the year is the first year of income of the fund to end on or after 1 July 2019; and

the number of days in the year that occur on or after 1 July 2019 is fewer than 365.

the member held the product for the whole of the year; and

so much of the member’s account balance with the fund on the last day on which the member held the product during the year as relates to the product were the member’s account balance for the product on the last day of the year.

the member’s account is inactive in relation to that product for a continuous period of 16 months; and

the member has not elected under subsection (2) that the benefit will be provided to, or in respect of, the member under the product by taking out or maintaining insurance, even if the member’s account is inactive in relation to that product for a continuous period of 16 months.

a defined benefit member; or

(b) an ADF Super member (within the meaning of the Australian Defence Force Superannuation Act 2015); or

(c) a person who would be an ADF Super member apart from the fact that the regulated superannuation fund is or was, for the purposes of Superannuation Guarantee (Administration) Act 1992, a chosen fund for contributions for the person’s superannuation by the Commonwealth; orPart 3A of the

a member to whom the employer-sponsor contribution exception applies (see section 68AAE).

the right relates to insurance cover; and

in compliance with this section, an insurance premium in relation to the member for that insurance cover ceases to be paid; and

the right exists because of insurance premiums paid in relation to the member before insurance premiums cease to be paid as mentioned in paragraph (b).

the right is a right to insurance cover for a fixed term, subject only to the payment of insurance premiums; and

that fixed term begins before the time at which a trustee of the fund is required under subsection (1) to ensure that a benefit is not provided to, or in respect of, the member under a choice product or MySuper product held by the member by taking out or maintaining insurance.

an employer-sponsor notifies the trustee of the fund in writing that the employer-sponsor will pay insurance fees relating to the benefit for the member; and

the member is:

an employee of the employer-sponsor, or an associate of the employer-sponsor; or

the relative or dependant of such an employee; and

the quarter ends after the employer-sponsor notifies the trustee under paragraph (a); and

the amount the employer-sponsor contributes to the fund for the quarter exceeds the amount that the employer-sponsor would need to contribute to avoid an individual superannuation guarantee shortfall for the member for the quarter; and

that excess is equal to or greater than the insurance fees relating to the benefit for the quarter.

on 1 April 2019, each member of the fund who has an account in relation to one or more of those products that has been inactive for a continuous period of 6 months before that day is identified; and

(b) on or before 1 May 2019, each of the members of the fund identified under paragraph (a) is given notice in writing in accordance with subitem (4).

state that, on and after 1 July 2019, a benefit will not be provided to the member under the product by taking out or maintaining insurance if:

(i) for a continuous period of 16 months, the member’s account is inactive in relation to that product (as defined for the purposes of Superannuation Industry (Supervision) Act 1993); andsection 68AAA of the

the member has not elected that the benefit will be provided to, or in respect of, the member under the product by taking out or maintaining insurance, even if the member’s account is inactive in relation to that product for a continuous period of 16 months; and

set out the method by which the member can make such an election in writing.

after 8 May 2018 but before 1 April 2019, the member has given the fund notice in writing that the member elects to have one or more benefits provided under the product or the products held by the member by taking out or maintaining insurance; and

the only benefits provided to the member under the product or products held by the member by taking out or maintaining insurance are covered by the election.

the benefit is paid to you:

(i) under subsection 20QF(2) of the Superannuation (Unclaimed Money and Lost Members) Act 1999 in a case covered by paragraph (d) of that subsection; or

under subsection 24G(2) of that Act in a case covered by paragraph (d) of that subsection; and

the matching of benefits of inactive low-balance account members and persons entitled to them; and

certain amounts relating to superannuation of inactive low-balance account members; and

the payment of:

unclaimed money; and

certain amounts relating to superannuation of lost members; and

certain amounts relating to superannuation of inactive low-balance account members;

to a fund identified by the person; or

if the person has reached eligibility age or the amount is less than $200—to the person; or

if the person has died—to the person’s death beneficiaries or legal personal representative.

to a fund identified by the person; or

if the person has reached eligibility age or the amount is less than $200—to the person; or

if the person has died—to the person’s death beneficiaries or legal personal representative.

if the RSA is an account—that account; or

if the RSA is a policy (within the meaning of the RSA Act)—that policy.

amounts paid to the Commissioner under section 20QD (amounts from inactive low-balance accounts); and

each person in respect of whom there is an amount referred to in paragraph (da) of this subsection; and

the amounts (if any) paid to the Commissioner under section 20QD in respect of the person; and

the amounts (if any) paid by the Commissioner under subsection 20QF(2) in respect of the person; and

for a fund that is a regulated superannuation fund:

the fund has 5 or more members; and

the account is held on behalf of a member of the fund; and

the account relates, in whole or in part, to a MySuper product or choice product held by that member; and

the superannuation provider has not received an amount in respect of the member for crediting to that product within the last 16 months; and

the balance of the account that relates to that product is less than $6,000; and

the member has not satisfied any of the conditions of release of benefits specified in a standard made under paragraph 31(2)(h) of the SIS Act that are prescribed for the purposes of this subparagraph; and

(vii) the account does not support or relate to a defined benefit interest (Income Tax Assessment Act 1997); andwithin the meaning of section 291-175 of the

no benefit that despite section 68AAA of the SIS Act could, because of the application of subsection 68AAA(7) or (8) of that Act, be provided to, or in respect of, the member under the product by taking out or maintaining insurance is provided in that way; and

for a fund that is an RSA or approved deposit fund:

the account is held on behalf of a member of the fund; and

the superannuation provider has not received an amount in respect of the member within the last 16 months; and

the balance of the account is less than $6,000; and

(iv) the member has not satisfied any of the conditions of release of benefits specified in a standard made under paragraph 38(2)(f) of the Retirement Savings Accounts Act 1997 (for an RSA), or paragraph 32(2)(c) of the SIS Act (for an approved deposit fund), that are prescribed for the purposes of this paragraph; and

(v) the account does not support or relate to a defined benefit interest (Income Tax Assessment Act 1997).within the meaning of section 291-175 of the

the account is held on behalf of a member of the fund; and

any of the following occurred in relation to the member in the last 16 months:

the member changed the member’s investment options under the fund;

the member made changes in relation to the member’s insurance coverage under the fund;

the member made or amended a binding beneficiary nomination;

the member, by written notice given to the Commissioner, declared that the member was not a member of an inactive low-balance account;

the superannuation provider was owed an amount in respect of the member.

each inactive low-balance account as at the end of the day;

the administration of any of the following in connection with each inactive low-balance account:

this Part;

(ii) the Superannuation (Departing Australia Superannuation Payments Tax) Act 2007;

(iii) the Income Tax Assessment Act 1997, Part 3AA of this Act, and Chapters 2 and 4 in Schedule 1 to the Taxation Administration Act 1953, so far as they relate to this Part or the Superannuation (Departing Australia Superannuation Payments Tax) Act 2007.

starts on the unclaimed money day; and

ends on the day on which the statement is given to the Commissioner.

the fund is a regulated superannuation fund that has fewer than 5 members; and

there are no inactive low-balance accounts.

an amount that is unclaimed money at the end of the unclaimed money day; or

amounts payable to a person identified in a notice the Commissioner has given the superannuation provider under section 20C; or

an amount payable to the Commissioner in respect of a lost member under section 24E.

a superannuation provider gives the Commissioner a statement under section 20QB; and

the superannuation provider becomes aware of a material error, or material omission, in any information in the statement.

an account is an inactive low-balance account as at the end of an unclaimed money day; and

the account is held by the provider on behalf of the person; and

(c) the account is still an inactive low-balance account at the time (the calculation time) immediately before the earlier of:

the time (if any) the payment is made; and

the time at which the payment is due and payable (assuming that the payment must be made).

for a fund that is a regulated superannuation fund—the person had requested that the balance held in respect of each inactive low-balance product in the account be rolled over or transferred to a complying superannuation fund (within the meaning of the SIS Act); and

for a fund that is an RSA or approved deposit fund—the person had requested that the balance held in the account be rolled over or transferred to a complying superannuation fund (within the meaning of the SIS Act).

work out the amount that would have been payable at the calculation time; and

assume that the request were made before the calculation time; and

assume that the inactive low-balance member had not died before the calculation time.

(a) for the purposes of subsection (2), take account only of the inactive low-balance member’s entitlement to payment remaining after any reduction by the payment split (disregarding subsection 90MB(3) of the Family Law Act 1975); and

(b) the superannuation provider must also pay an amount (the non-member spouse amount) to the Commissioner in respect of the non-member spouse; and

the non-member spouse amount is due and payable at the same time as the amount payable under subsection (1); and

the amount of the non-member spouse amount is the amount of the reduction mentioned in paragraph (a).

an amount that is unclaimed money at the end of the unclaimed money day; or

an amount payable to a person identified in a notice the Commissioner has given the provider under section 20C; or

an amount payable to the Commissioner in respect of a lost member under section 24E.

starts at the time it is due and payable; and

ends at the end of the last day on which either of the following remains unpaid:

the amount unpaid when it is due and payable;

general interest charge on any of the amount.

the person is subject to a requirement under subsection 20QD(1) or (4); and

the person engages in conduct; and

the person’s conduct breaches the requirement.

a superannuation provider paid an amount to the Commissioner under section 20QD in respect of the person; and

the Commissioner is satisfied, on application in the approved form or on the Commissioner’s own initiative, that it is possible for the Commissioner to pay the amount in accordance with subsection (2).

to a single fund if:

the person has not died; and

the person directs the Commissioner to pay to the fund; and

(iii) the fund is a complying superannuation plan (within the meaning of the Income Tax Assessment Act 1997); or

in accordance with subsection (4) if:

the person has died; and

the Commissioner is satisfied that, if the superannuation provider had not paid the amount to the Commissioner, the provider would have been required to pay an amount or amounts (death benefits) to one or more other persons (death beneficiaries) because of the deceased person’s death; or

to the person’s legal personal representative if the person has died but subparagraph (b)(ii) does not apply; or

to the person if this paragraph applies (see subsection (3)).

subparagraph (2)(a)(ii) does not apply; and

any of the following subparagraphs apply:

the person has reached the eligibility age;

the amount is less than $200;

(iii) a terminal medical condition (within the meaning of the Income Tax Assessment Act 1997) exists in relation to the person; and

the person has not died.

the Commissioner makes a payment under subsection (2) to a fund, a legal personal representative or a person; and

the payment is in accordance with paragraph (2)(a), (c) or (d);

the Commissioner makes a payment under subsection (2) to a death beneficiary; and

the payment is in accordance with paragraph (2)(b);

is identified in a notice under section 20C; or

used to be the holder of a temporary visa.

a public sector superannuation scheme that:

is prescribed for the purposes of this section; and

in the case of a Commonwealth public sector superannuation scheme—is not a fund;

the trustee of the scheme were the superannuation provider; and

a member of the scheme were a member of the fund.

section 20QB (statements on inactive low-balance accounts):

permits, rather than requires, the trustee to give a statement to the Commissioner; and

does not permit the trustee to give a statement to the Commissioner if the governing rules of the scheme prohibit the trustee from giving the statement to the Commissioner; and

section 20QD (payment of balances from inactive low-balance accounts):

does not apply in relation to an unclaimed money day if the trustee does not give a statement in relation to the unclaimed money day to the Commissioner under section 20QB; and

permits, rather than requires, the trustee to pay an amount to the Commissioner; and

does not apply to an amount to the extent that the governing rules of the scheme prohibit the trustee from paying the amount to the Commissioner.

the public sector superannuation scheme is a fund; and

the superannuation provider has to comply with subsections 16(1) and 17(1) in relation to the unclaimed money day.

(a) a superannuation provider for a fund (the first fund) has made a payment to the Commissioner under section 20QD in respect of a person; and

the Commissioner is satisfied that the amount paid exceeded the amount (if any) that was payable under that section in respect of the person.

to the superannuation provider; or

to a superannuation provider for another fund if the Commissioner is satisfied that:

the first fund no longer exists; and

the other fund provides rights relating to the person equivalent to those provided by the first fund.

the Commissioner makes a payment in respect of a person under, or purportedly under, this Part; and

the amount paid exceeds the amount (if any) properly payable under this Part in respect of the person.

the person to whom the payment was made (whether the payment was made to the person in his or her own right or as the legal personal representative of someone else who had died);

the superannuation provider for the fund to which the payment was made;

if the payment, or an amount wholly or partly attributable to that payment, was transferred to another fund—the superannuation provider for that other fund.

the Commissioner gave the debtor written notice, as prescribed by the regulations, of the proposed recovery and the amount to be recovered; and

at least 28 days have passed since the notice was given; and

the amount recovered is not more than the amount specified in the notice.

(a) a payment (the Commissioner’s payment) is made to a fund under subsection 20QF(2) or (5) in accordance with a person’s direction; and

(b) the superannuation provider for the fund has not credited the payment to an account for the benefit of the person by the time (the repayment time) that is the end of the 28th day after the day on which the Commissioner’s payment was made.

starts at the repayment time; and

ends at the end of the last day on which either of the following remains unpaid:

the amount unpaid at the repayment time;

general interest charge on any of the amount.

the Commissioner is satisfied that:

(i) a superannuation provider has paid an amount to the Commissioner under subsection 17(1) (unclaimed money) and, after applying superannuation amount); orPart 3 and section 20H, the Commissioner holds an amount under that Part in respect of the person (a

(ii) a superannuation provider has paid an amount to the Commissioner under superannuation amount); orsection 20QD (an amount from an inactive low-balance account) and, after applying Part 3B and section 20H, the Commissioner holds an amount under that Part in respect of the person (a

(iii) a superannuation provider has paid an amount to the Commissioner under superannuation amount); andsection 24E (an amount from a lost member account) and, after applying Part 4A and section 20H, the Commissioner holds an amount under that Part in respect of the person (a

the Commissioner is satisfied, on application in the approved form or on the Commissioner’s own initiative, that it is possible for the Commissioner to pay the superannuation amount in accordance with subsection (2).

the person has not died; and

the superannuation provider for the fund holds an account on behalf of the person in the fund; and

the superannuation provider for the fund has received an amount in respect of the person during the prescribed period; and

the balance of the account will be equal to or greater than $6,000 if all of the superannuation amounts in respect of the person are paid into the account; and

under the terms of the fund, and under the law of the Commonwealth, the fund can accept payment of the superannuation amount in respect of the person.

(a) a payment (the Commissioner’s payment) is made to a fund under subsection 24NA(2) or regulations made for the purposes of subsection 24NA(3); and

(b) the superannuation provider for the fund has not credited the payment to an account to which the payment relates for the benefit of the person by the time (the repayment time) that is the end of the 28th day after the day on which the Commissioner’s payment was made.

starts at the repayment time; and

ends at the end of the last day on which either of the following remains unpaid:

the amount unpaid at the repayment time;

general interest charge on any of the amount.

the superannuation provider; and

the fund; and

a member of the fund if:

the statement relates to an account, in the fund, held on behalf of the member; and

the member has quoted his or her tax file number to the superannuation provider.