Document ID: chunk:federal_register_of_legislation:C2024C00500:section:12a:p2
Version: federal_register_of_legislation:C2024C00500
Segment Type: section
Provision Reference: s 12A (pt 2/2)
Character Range: 49549–52004

amounts of the pensions (if any) that were paid to the person or any spouse or eligible child of the person under this Act.
 (4) If an amount of benefit is payable under subsection (2) to the personal representative of the person and no personal representative can be found, the amount is to be paid to any individual or individuals that the Minister determines.

Appropriation
 (5) A benefit under subsection (2) is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Interest method determination
 (6) The Minister must, by writing, determine a method for the purposes of paragraph (2)(b).
 (7) A method determined under subsection (6) may provide for different interest rates for different periods.
 (8) A method determined under subsection (6) may be expressed to relate to a period that began before the determination was made.
 (9) A determination under subsection (6) takes effect on the later of the following:
 (a) the day after the 15th sitting day of the House of Representatives after a copy of the determination is tabled in that House;
 (b) the day after the 15th sitting day of the Senate after a copy of the determination is tabled in the Senate.
 (10) The Minister must cause a copy of a determination under subsection (6) to be tabled in each House of the Parliament within 15 sitting days of that House after the determination is made.
 (11) If either House of the Parliament, within 15 sitting days of that House after a copy of a determination under subsection (6) has been tabled in that House, passes a resolution disapproving of the determination, the determination does not come into operation.
 (12) A determination under subsection (6) may be varied, but not revoked, in accordance with subsection 33(3) of the Acts Interpretation Act 1901.
 (13) Subsection (12) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.
 (14) A determination under subsection (6) is not a legislative instrument.
 (15) The Minister must not exercise a power conferred by this section in a manner that is inconsistent with paragraph 72(iii) of the Constitution.

Definitions
 (16) In this section:
complying superannuation fund or scheme has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.
individual superannuation guarantee shortfall has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.