Document ID: chunk:federal_register_of_legislation:C2022C00273:section:20h:p2
Version: federal_register_of_legislation:C2022C00273
Segment Type: section
Provision Reference: s 20H (pt 2/3)
Character Range: 76212–78897

person.
 (2) The Commissioner must pay the excess:
 (a) to the person; or
 (b) to a single fund that is a complying superannuation plan (within the meaning of the Income Tax Assessment Act 1997), if the person directs the Commissioner to pay to the fund and the Commissioner is satisfied that the person is:
 (i) an Australian citizen; or
 (ii) a New Zealand citizen; or
 (iii) under the Migration Act 1958, the holder of a permanent visa or a visa prescribed by the regulations; or
 (ba) to a single KiwiSaver scheme provider, if the person directs the Commissioner to pay to the provider and the matters (if any) prescribed by the regulations are satisfied; or
 (c) to the person's legal personal representative, if the person has died.
 (2AAA) Despite paragraph (2)(b), the Commissioner must not pay the excess to a single fund if the excess includes a New Zealand‑sourced amount and either:
 (a) the fund is a self managed superannuation fund; or
 (b) the superannuation provider for the fund has not notified the Commissioner, in the approved form, that the fund accepts New Zealand‑sourced amounts.
 (2AA) If the Commissioner makes a payment under subsection (2) on or after 1 July 2013, the Commissioner must also pay to the person, fund, KiwiSaver scheme provider or legal personal representative the amount of interest (if any) worked out in accordance with the regulations.
 (2AB) Regulations made for the purposes of subsection (2AA) may prescribe different rates for different periods over which the interest accrues. For this purpose, rate includes a nil rate.
 (2A) If the Commissioner makes a payment under subsection (2) before 1 July 2013, the Commissioner must also pay to the person, fund or legal personal representative the amount (if any) of interest worked out under subsection (2B), if the Commissioner is satisfied that:
 (a) the person is (or was just before dying) an Australian citizen or, under the Migration Act 1958, the holder of a permanent visa; and
 (b) after 30 June 2007 either:
 (i) the person left Australia; or
 (ii) the person was, under the Migration Act 1958, the holder of a temporary visa.
 (2B) Work out, in accordance with the regulations, the amount of interest:
 (a) on so much (if any) of the excess as is attributable (directly or indirectly) to one or more amounts paid to the Commissioner under subsection 20F(1) and not to payments to or by the Commissioner under subsection 17(1) or (2), section 20QD or subsection 20QF(2), section 21C or subsection 21E(2), section 22 or subsection 22B(2), or section 24E or subsection 24G(2); and
 (b) at a rate equal to the annual yield on Treasury bonds with a 10‑year term or, if another rate