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SUPERANNUATION (UNCLAIMED MONEY AND LOST MEMBERS) CONSEQUENTIAL AND TRANSITIONAL ACT 1999 NO. 128, 1999 - SCHEDULE 1

- Amendments

Financial Transaction Reports Act 1988

1 Paragraph 18(4B)(c)

Omit "83, 84,".

2 After paragraph 18(4B)(c)

Insert:

(ca)
made in accordance with section 17 or 18 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ; or

Income Tax Assessment Act 1936

3 Subsections 27A(3B) and (3C)

Omit "under subsection 225(6) of the Superannuation Industry (Supervision) Act 1993 ", substitute "in accordance with section 17 or 18 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ".

4 After subsection 27A(3C)

Insert:

(3D)
To avoid doubt, a reference in the definition of relevant service period in subsection (1) to a period during which a taxpayer or fund member was a member of a superannuation fund does not include a reference to a period:

(a)
beginning when the trustee of the fund pays unclaimed money to the Commissioner or a State or Territory authority (within the meaning of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ) in accordance with that Act; and

(b)
ending when the Commissioner or the authority pays the unclaimed money to the taxpayer or fund member in accordance with that Act.

(3E)
To avoid doubt, a reference in the definition of relevant service period in subsection (1) to a period during which a taxpayer or depositor was a depositor with an approved deposit fund does not include a reference to a period:

(a)
beginning when the trustee of the fund pays unclaimed money to the Commissioner or a State or Territory authority (within the meaning of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ) in accordance with that Act; and

(b)
ending when the Commissioner or the authority pays the unclaimed money to the taxpayer or depositor in accordance with that Act.

5 Paragraph 27CC(a)

Repeal the paragraph, substitute:

(a)
an amount is paid to the Commissioner or a State or Territory authority (within the meaning of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ) under that Act; and

Note: The heading to section 27CC of the Income Tax Assessment Act 1936 is altered by omitting " Insurance and Superannuation Commissioner " and substituting " Commissioner etc. ".

6 Section 27CC

Omit "the Insurance and Superannuation Commissioner" (second occurring), substitute "the Commissioner or the authority".

7 Sub-subparagraph 140M(1)(a)(i)(B)

Omit "or the Insurance and Superannuation Commissioner", substitute ", the Commissioner or a State or Territory authority referred to in subsection 18(2) of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ".

8 Subparagraph 202(i)(i)

Omit "Parts 22 and", substitute "Part".

9 After paragraph 202(i)

Insert:

(ia)
to facilitate the administration of the Superannuation (Unclaimed Money and Lost Members) Act 1999 (including the administration of registers by State or Territory authorities (within the meaning of that Act) in accordance with section 18 of that Act); and

10 Subparagraph 202(k)(i)

Omit "8 and".

11 Subsection 202DH(1)

After "the Superannuation Contributions Tax (Assessment and Collection) Act 1997 ", insert ", the Superannuation (Unclaimed Money and Lost Members) Act 1999 ".

Retirement Savings Accounts Act 1997

12 Subparagraph 3(1)(c)(ii)

Repeal the subparagraph, substitute:

(ii)
Part 7; and

13 Section 16 (definition of e ligibility age )

Repeal the definition.

14 Section 16 (definition of unclaimed money )

Repeal the definition.

15 Section 16

Insert:

Superannuation Acts means:

(a)
this Act; and

(b)
the Superannuation Contributions Tax (Assessment and Collection) Act 1997 ; and

(c)
the Superannuation Contributions Tax (Members of Constitutionally Protected Funds) Assessment and Collection Act 1997 ; and

(d)
the Superannuation (Unclaimed Money and Lost Members) Act 1999 ; and

(e)
the Termination Payments Tax (Assessment and Collection) Act 1997 .

16 Part 8

Repeal the Part.

17 Section 131

Omit "Surcharge", substitute "other Superannuation".

18 Paragraph 132(b)

Omit "Surcharge", substitute "other Superannuation".

19 Paragraph 133(1)(a)

Omit "Surcharge", substitute "other Superannuation".

20 Section 134

Omit "Surcharge", substitute "other Superannuation".

21 Subsection 135(1)

Omit "Surcharge", substitute "other Superannuation".

22 Paragraph 136(1)(b)

Omit "Surcharge", substitute "other Superannuation".

23 Paragraph 136(3)(b)

Omit "Surcharge", substitute "other Superannuation".

24 Subsection 137(1)

Omit "Surcharge", substitute "other Superannuation".

25 Paragraph 138(1)(b)

Omit "Surcharge", substitute "other Superannuation".

26 Section 139

Omit "Surcharge", substitute "other Superannuation".

27 Paragraph 139(b)

Omit "Surcharge", substitute "other Superannuation".

28 Paragraph 140(c)

Omit "Surcharge", substitute "other Superannuation".

29 Paragraph 141(a)

Omit "Surcharge" (wherever occurring), substitute "other Superannuation".

30 Paragraph 142(2)(a)

Omit "Surcharge", substitute "other Superannuation".

31 Paragraph 143(a)

Omit "Surcharge", substitute "other Superannuation".

32 Subsections 144(3) and (4)

Repeal the subsections.

33 Section 173 (paragraph (b) of the definition of modifiable provision )

Omit "and", substitute "or".

34 Section 173 (paragraph (c) of the definition of modifiable provision )

Omit "8 or ".

35 Section 173 (paragraph (d) of the definition of modifiable provision )

Omit "Parts", substitute "that Part".

Small Superannuation Accounts Act 1995

36 Section 75

Omit "Australian Securities and Investments Commission" (wherever occurring), substitute "Commissioner of Taxation".

37 Subsections 76(2) and (3)

Repeal the subsections, substitute:

Statement to be given to the Commissioner

(2)
As soon as practicable after the end of that period, the Commissioner must record information about the account.

Tax file number

(3)
If the individual's tax file number is known to the Commissioner, the record made for the purposes of subsection (2) must set out that tax file number.

38 Subsections 76(6), (7) and (8)

Omit "Australian Securities and Investments Commission", substitute "Commissioner of Taxation".

39 Section 77

Omit "section 226 of the Superannuation Industry (Supervision) Act 1993 ", substitute " section 19 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 ".

Superannuation Act 1976

40 Subsection 155C(3) (after paragraph (c) of the definition of eligible regulatory law )

Insert:

(ca)
the Superannuation (Unclaimed Money and Lost Members) Act 1999 ; or

41 Paragraph 158A(3)(b)

Omit "section 225 of the SIS Act", substitute "the Superannuation (Unclaimed Money and Lost Members) Act 1999 ".

42 Paragraph 158A(3)(b)

Omit "that section", substitute "that Act".

Superannuation Act 1990

43 Subsection 49(3) (after paragraph (c) of the definition of eligible regulatory law )

Insert:

(ca)
the Superannuation (Unclaimed Money and Lost Members) Act 1999 ; or

Superannuation Industry (Supervision) Act 1993

44 Subsection 2(3)

Omit "22,".

45 Section 4 (table row relating to Part 22)

Repeal the row.

46 Subparagraph 6(1)(c)(v)

Repeal the subparagraph.

47 Subsection 10(1) (definition of eligibility age )

Repeal the definition.

48 Subsection 10(1) (definition of unclaimed money )

Repeal the definition.

49 Part 22

Repeal the Part.

50 Section 299A

Omit "Surcharge", substitute "other Superannuation".

51 Paragraph 299B(b)

Omit "Surcharge", substitute "other Superannuation".

52 Paragraph 299C(1)(a)

Omit "Surcharge", substitute "other Superannuation".

53 Section 299D

Omit "Surcharge", substitute "other Superannuation".

54 Subsection 299E(1)

Omit "Surcharge", substitute "other Superannuation".

55 Subsection 299G(1)

Omit "Surcharge" (wherever occurring), substitute "other Superannuation".

56 Paragraph 299G(3)(b)

Omit "Surcharge", substitute "other Superannuation".

57 Subsection 299H(1)

Omit "Surcharge", substitute "other Superannuation".

58 Subsection 299J(1)

Omit "Surcharge", substitute "other Superannuation".

59 Subsection 299K(1)

Omit "Surcharge", substitute "other Superannuation".

60 Subsection 299L(1)

Omit "Surcharge", substitute "other Superannuation".

61 Paragraph 299M(1)(b)

Omit "Surcharge", substitute "other Superannuation".

62 Paragraph 299N(1)(b)

Omit "Surcharge", substitute "other Superannuation".

63 Section 299P

Omit "Surcharge" (wherever occurring), substitute "other Superannuation".

64 Paragraph 299Q(c)

Omit "Surcharge", substitute "other Superannuation".

65 Paragraph 299R(1)(a)

Omit "Surcharge", substitute "other Superannuation".

66 Paragraph 299R(2)(a)

Omit "Surcharge", substitute "other Superannuation".

67 Paragraph 299S(2)(a)

Omit "Surcharge", substitute "other Superannuation".

68 Paragraph 299T(d)

Omit "Surcharge", substitute "other Superannuation".

69 Subsections 299U(4) and (5)

Repeal the subsections.

70 Section 299W

Insert:

Superannuation Acts means the following:

(a)
this Act;

(b)
the Superannuation Contributions Tax (Assessment And Collection) Act 1997 ;

(c)
the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 ;

(d)
the Superannuation (Unclaimed Money and Lost Members) Act 1999 ;

(e)
the Termination Payments Tax (Assessment and Collection) Act 1997 .

71 Subsection 299Z(2)

Omit "Surcharge", substitute "other Superannuation".

72 Subsection 299Z(3)

Omit "Surcharge", substitute "other Superannuation".

73 Section 327 (paragraph (b) of the definition of modifiable provision )

Omit ", 22".

74 At the end of section 381

Add:

Note: Part 22 was repealed by the Superannuation (Unclaimed Money and Lost Members) Consequential and Transitional Act 1999 .

Taxation Administration Act 1953

75 Paragraph 8WA(1)(b)

After "(i)", insert ", (ia)".

76 Paragraphs 8WB(1)(d) and (e)

After "(i)", insert ", (ia)".



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