Small Superannuation Accounts Act 1995

This section applies if:

a deposit or purported deposit was made in respect of an individual; and

the individual’s account was credited with an amount equal to the deposit or purported deposit; and

the credit was made in consequence of the deposit or purported deposit; and

the deposit or purported deposit was paid due to a clerical error or due to some other mistake; and

the balance of the individual’s account is attributable, in whole or in part, to the deposit or purported deposit; and

within 14 days after the credit was made, the depositor or purported depositor applies to the Commissioner of Taxation for a refund of the deposit or purported deposit.

The application must be:

in writing; and

in a form approved in writing by the Commissioner of Taxation.

The Commissioner of Taxation must pay to the depositor or purported depositor an amount (the refund payment) equal to the deposit or purported deposit.

The Special Account is debited for the purposes of making the refund payment.

When the refund payment is made, the individual’s account is debited by the amount of the refund payment.

In the event of a conflict between:

an obligation imposed on the Commissioner of Taxation by this section; and

an obligation imposed on the Commissioner of Taxation by Part 7;

Part 7 deals with withdrawals.

If the Commissioner of Taxation refuses an application under this section, the Commissioner of Taxation must give the applicant written notice of the refusal.