Victorian Current Acts

UNCLAIMED MONEY ACT 2008 - SECT 90

    (1)     In this Part—

"approved deposit fund" has the same meaning as in section 10 of the Commonwealth Superannuation Act;

"Commonwealth RSA Act" means the Retirement Savings Accounts Act 1997 of the Commonwealth;

"Commonwealth Superannuation Act" means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

Commonwealth Unclaimed Money Act means the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth;

"exempt public sector superannuation scheme" means a public sector superannuation scheme that is specified in the regulations made under the Commonwealth Superannuation Act for the purposes of the definition of exempt public sector superannuation scheme in that Act;

"holder of an RSA" has the same meaning as in the Commonwealth RSA Act;

"member "means—

        (a)     a member of, or a depositor with, a superannuation fund; or

        (b)     a holder of an RSA; or

        (c)     in respect of an unclaimed superannuation benefit that is taken to be unclaimed money under section 12(2) of the Commonwealth Unclaimed Money Act , a non-member spouse within the meaning of Part VIIIB Family Law Act 1975 of the Commonwealth;

S. 90(1) def. of owner amended by No. 22/2018 s. 24(1).

"owner" means the person entitled to any unclaimed superannuation benefit including—

        (a)     the person's executor, administrator or assignee; or

        (b)     the person's lawful attorney or agent;

"regulated superannuation fund" has the same meaning as in section 19 of the Commonwealth Superannuation Act;

retirement savings account and RSA have the same meaning as in section 8 of the Commonwealth RSA Act;

"RSA provider" has the same meaning as in section 12 of the Commonwealth RSA Act;

"superannuation fund" means—

        (a)     a regulated superannuation fund; or

        (b)     an exempt public sector superannuation scheme; or

        (c)     an approved deposit fund;

"superannuation provider" means—

        (a)     a trustee of a superannuation fund; or

        (b)     an RSA provider;

"tax file number" has the same meaning as in section 202A of the Income Tax Assessment Act 1936 of the Commonwealth;

"trustee", in relation to a superannuation fund, has the same meaning as in section 10 of the Commonwealth Superannuation Act;

Unclaimed Moneys Act 1962 means the Unclaimed Moneys Act 1962 as in force immediately before its repeal by section 104;

"unclaimed superannuation benefit" means an amount that is taken to be unclaimed money under the Commonwealth Unclaimed Money Act .

S. 90(2) inserted by No. 22/2018 s. 24(2).

    (2)     For the purposes of paragraph (a) of the definition of "owner" in subsection (1), a reference to—

        (a)     the person's executor is a reference to the executor of the will of the person, if probate of the will has been granted, sealed or resealed in any jurisdiction in Australia; and

        (b)     the person's administrator is a reference to the administrator of the estate of the person, if letters of administration have been granted, sealed or resealed in any jurisdiction in Australia.