Document ID: chunk:federal_register_of_legislation:C2011C00517:clause:1_18aa
Version: federal_register_of_legislation:C2011C00517
Segment Type: clause
Provision Reference: sch 1 cl 18AA
Character Range: 7898–9659

18AA  Prescribed public sector superannuation schemes

 (1) Sections 6, 10 to 12, 14, 16 to 17 and 18A to 18C and subsections 19(1) to (3), 24C(6), 24E(5) and 25(2) apply as if:
 (a) a public sector superannuation scheme that is:
 (i) prescribed for the purposes of this section; and
 (ii) not a fund;
  were a fund; and

Note 1: The regulations may prescribe a scheme by reference to a class of schemes: see subsection 13(3) of the Legislative Instruments Act 2003.

Note 2: The trustee of a State or Territory public sector superannuation scheme that is a fund must comply with this Part, subject to section 18.
 (b) the trustee of the scheme were the superannuation provider; and
 (c) a member of the scheme were a member of the fund.

 (2) Despite subsection (1), in the case of a State or Territory public sector superannuation scheme:
 (a) section 16 (Statement of unclaimed money):
 (i) permits, rather than requires, the trustee to give a statement to the Commissioner; and
 (ii) does not permit the trustee to give a statement to the Commissioner if the governing rules of the scheme prohibit the trustee from giving the statement to the Commissioner; and
 (b) section 17 (Payment of unclaimed money):
 (i) does not apply in relation to an unclaimed money day if the trustee does not give a statement in relation to the unclaimed money day to the Commissioner under subsection 16(1); and
 (ii) permits, rather than requires, the trustee to pay an amount to the Commissioner; and
 (iii) does not apply to an amount to the extent that the governing rules of the scheme prohibit the trustee from paying the amount to the Commissioner.

Note: The heading to section 18 is replaced by the heading "State or Territory public sector superannuation schemes".