Document ID: chunk:federal_register_of_legislation:C2004A00522:clause:2_9
Version: federal_register_of_legislation:C2004A00522
Segment Type: clause
Provision Reference: sch 2 cl 9
Character Range: 51525–52786

9  After subsection 15(8)
Insert:

Person may direct superannuation provider to pay amount to Commissioner

 (8A) If:
 (a) a person is liable to pay an amount to the Commissioner under subsection (6); and
 (b) neither a lump sum nor a pension is payable by the superannuation provider for the benefit of the person because the person has become:
 (i) a member of another superannuation fund; or
 (ii) a member of an approved deposit fund; or
 (iii) the holder of an RSA; or
 (iv) the purchaser of an annuity from a life assurance company or from a registered organisation;
the person may direct the trustee of the other superannuation fund or the approved deposit fund, the RSA provider, the life assurance company or the registered organisation to pay to the Commissioner the whole or a part of the amount referred to in paragraph (a) and to make any necessary reductions in the benefits to which the person would otherwise be entitled from the other superannuation fund, the approved deposit fund, or the RSA or to the amount of the annuity to which the person would otherwise be entitled.

Superannuation provider to comply with direction

 (8B) A superannuation provider to whom a direction is given under subsection (8A) must comply with the direction.