Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 916

916 Inspector’s obligation for amounts paid on demand

(1) An inspector who is paid an amount mentioned in section 915 (3) must immediately give the payer a receipt for the amount.

(2) The receipt is a full discharge to the employer complying with the demand under section 915 (2) for the amount stated in the receipt.

(3) The inspector must pay the amount to—

(a) for a superannuation contribution—

(i) if the employee is employed by the employer—the approved superannuation fund; or

(ii) if the employee is no longer employed by the employer—an entity mentioned in subsection (4) ; or

(b) otherwise—the employee.

(4) For subsection (3) (a) (ii) , the entities are—

(a) the approved superannuation fund for the employer; or

(b) a complying superannuation fund; or

(c) a superannuation fund nominated by the employee; or

(d) an eligible rollover fund; or

(e) if the amount is less than the amount of total benefits that may revert to an employee under the Superannuation Industry (Supervision) Act 1993 (Cwlth) —the employee.

(5) If the inspector has not complied with subsection (3) for the amount within 30 days after receiving it, the inspector must pay the amount immediately to the department.

(6) The department must pay the amount to an entity in the same way the inspector is required under subsection (3) .

(7) However, the department must pay the amount into the unclaimed moneys fund if—

(a) the department can not locate the employee after making reasonable inquiries; or

(b) the employee has not complied with a request by an inspector to nominate a superannuation fund for subsection (3) .

(8) In this section—

"employee" includes a former employee.

"superannuation contribution" means—

(a) an employer’s contribution to an approved superannuation fund to the credit of an eligible employee, which is unpaid; or

(b) an amount mentioned in section 915 (1) (b) (ii) .