Public Trustee Act 1978

An unclaimed superannuation benefit is a benefit, other than an annuity or a pension, that—

the trustee of an approved deposit fund or a regulated superannuation fund decides, under the fund’s governing rules, is payable immediately to a member of the fund who has reached the eligibility age for a pension; and

the trustee can not pay to the member because the trustee, after making reasonable efforts to find the member, can not find the member.

Subsection (1) applies whether or not the member has asked the trustee to pay the benefit to the member.

An unclaimed superannuation benefit is also a benefit, other than an annuity or a pension, that—

the trustee of an approved deposit fund or a regulated superannuation fund decides, under the fund’s governing rules, is payable immediately to a person (the beneficiary) in relation to a member of the fund who has died; and

before the member died, the member—

had not asked the trustee to pay to the member; or

had asked the trustee to pay to the member, but was not paid before the member died; and

the trustee can not pay to the beneficiary because the trustee, after making reasonable efforts to find the beneficiary, can not find the beneficiary.

In this section—approved deposit fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 10(1).regulated superannuation fund see the Superannuation Industry (Supervision) Act 1993 (Cwlth), sections 10(1) and 19.