Document ID: chunk:federal_register_of_legislation:C2004C01250:clause:1_41
Version: federal_register_of_legislation:C2004C01250
Segment Type: clause
Provision Reference: sch 1 cl 41
Character Range: 26228–27125

41  At the end of section 12
Add:

 (2) If:
 (a) a payment split applies to a splittable payment in respect of an interest that a person has as a member of a fund; and
 (b) as a result, the non‑member spouse (or his or her legal personal representative if he or she has died) is entitled to be paid an amount; and
 (c) after making reasonable efforts and after a reasonable period has passed, the superannuation provider concerned is unable to ensure that the non‑member spouse or his or her legal personal representative, as the case may be, receives the amount;
then the amount payable is taken to be unclaimed money.

 (3) In this section:

non‑member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.

payment split means a payment split under Part VIIIB of the Family Law Act 1975.

splittable payment has the same meaning as in Part VIIIB of the Family Law Act 1975.