Superannuation Act 1976

If, apart from this subsection, the Commonwealth does not have power, under this Act or the superseded Act, to pay an amount (the relevant amount) in any of the following circumstances:

the relevant amount is deposited to an account kept in the name of a deceased person;

the relevant amount is deposited to an account kept in the names of a deceased person and another person;

the relevant amount is paid by way of a cheque made out to a deceased person;

on the last day on which changes could reasonably be made to the payment of the relevant amount, the chief executive officer (however described) of CSC did not know that the deceased person had died; and

apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.

If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.

The amount of a benefit under subsection (1):

is a debt due to the Commonwealth by the legal personal representative of the first person; and

may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.

Subsection 112(2) does not apply to a payment under subsection (1) of this section if the payment relates to a pension or other money payable under the superseded Act.

For the purposes of section 134 of the superseded Act, if a payment under subsection (1) of this section relates to a pension or other money payable under the superseded Act, the payment is taken to be an amount of pension or other money payable under the superseded Act.

For the purposes of paragraph (1)(e), benefit includes pension or other money payable under the superseded Act.