Document ID: chunk:federal_register_of_legislation:C2014C00751:clause:3_24g
Version: federal_register_of_legislation:C2014C00751
Segment Type: clause
Provision Reference: sch 3 cl 24G
Character Range: 109350–111690

24G  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:
 (a) a superannuation provider paid an amount to the Commissioner under section 24E in respect of the person; and
 (b) 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).
 (2) The Commissioner must pay the amount:
 (a) to a single fund if:
 (i) the person has not died; and
 (ii) 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
 (b) in accordance with subsection (3) if:
 (i) the person has died; and
 (ii) 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
 (c) to the person's legal personal representative if the person has died but subparagraph (b)(ii) does not apply; or
 (d) to the person if:
 (i) subparagraph (a)(ii) does not apply; and
 (ii) the person has reached the eligibility age or the amount is less than $200; and
 (iii) the person has not died.
Note: Money for payments under subsection (2) is appropriated by section 16 of the Taxation Administration Act 1953.
 (3) In a case covered by paragraph (2)(b), the Commissioner must pay the amount under subsection (2) by paying to each death beneficiary the amount worked out using the following formula:
Note: If there is only one death beneficiary, the whole of the amount is payable to that beneficiary.
 (4) This section does not apply to an amount that is to be, is or has been, taken into account in determining whether the Commissioner must make a payment under section 20H.
Note: Section 20H provides for payment by the Commissioner of amounts equal to amounts paid to the Commissioner under subsections 17(1), 20F(1) and 24E(1) in respect of a person who:
(a) is identified in a notice under section 20C; or
(b) used to be the holder of a temporary visa.

Division 4—Various rules for special cases