Document ID: chunk:federal_register_of_legislation:C2008A00151:clause:1_20c
Version: federal_register_of_legislation:C2008A00151
Segment Type: clause
Provision Reference: sch 1 cl 20C
Character Range: 9084–11134

20C  Commissioner must give notices about certain former temporary residents

 (1) The Commissioner must give a superannuation provider for a fund a written notice if the Commissioner is satisfied that:
 (a) there are reasonable grounds for believing that a particular person has a superannuation interest in the fund; and
 (b) before, on or after the commencement of this section, the person:
 (i) was, under the Migration Act 1958, the holder of a temporary visa, except a visa prescribed by the regulations, that has ceased to be in effect; and
 (ii) left Australia after starting to be the holder of the visa (whether the visa ceased to be in effect before, when or after the person left); and
 (c) at least 6 months have passed since the later of the following events (or either of them if they occurred at the same time):
 (i) the visa ceased to be in effect;
 (ii) the person left Australia; and
 (d) the person:
 (i) is not, under that Act, the holder of a temporary visa or permanent visa; and
 (ii) is neither an Australian citizen nor a New Zealand citizen; and
 (iii) has not made a valid application for a permanent visa that has not been finally determined under that Act.

 (2) The notice must:
 (a) identify the person; and
 (b) include the information (if any) prescribed by the regulations for the purposes of this paragraph.

Note: The notice may contain the tax file number of the person and of the fund: see section 25A.

 (3) Subsection (1) does not apply to:
 (a) a superannuation provider who is the trustee of a State or Territory public sector superannuation scheme within the meaning of section 18; or
 (b) a superannuation provider for an unfunded public sector scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992.

 (4) A notice under subsection (1) cannot be amended.

Note: Section 20J deals with revocation of a notice given under this section.

 (5) A notice under subsection (1) is not a legislative instrument.

Division 3—Effects of notice being given to superannuation provider