Part 9Pension income

Chapter 7Former approved superannuation funds

Unauthorised payments

593Unauthorised payments: application of section 583

1

Section 583 applies to a payment if—

a

the payment is made out of funds which are held for the purposes of a former approved superannuation fund (“the paying fund”), but

b

it is not expressly authorised—

i

by the rules of the paying fund, or

ii

by virtue of paragraph 33 of Schedule 6 to FA 1989, and

c

conditions B and C in section 583(4) and (5) are met.

2

But section 583 does not apply to a payment to which section 623 applies.

3

In this section “payment” includes—

a

a transfer of assets, and

b

any other transfer of money’s worth.

4

If section 583 applies to a payment by virtue of this section, sections 584, 585 and 588 apply accordingly.