s. 26 (c) authorise the Board to pay on the person's behalf the amount of the surcharge assessment directly to the Australian Taxation Office. (3) The Board must commute the person's pension to the extent determined by an actuary appointed by the Board to be necessary to pay the amount of the surcharge assessment. (4) The Board must advise the person in writing as to the actuary's determination. (5) The exercise of the power of commutation under this section does not affect the exercise of any other commutation rights under this Act. S. 26 26 Assignment or charging of interest amended by No. 82/1996 s. 13, substituted by No. 70/2003 s. 6. (1) Subject to subsection (2) and subsection (3), an S. 26(1) amended by interest of a member or beneficiary in a benefit No. 37/2007 under this Act— s. 16(1). (a) must not be in any way assigned, charged, attached or passed by operation of law to any other person; and (b) is not an asset for the payment of any debt or liability. (2) Subsection (1) does not apply to or in respect of any assignment, charge, payment or transfer permitted expressly or by necessary implication by this Act. (3) If on the death of a member or contributor the S. 26(3) inserted by Board is satisfied that there is no personal No. 37/2007 representative, the Board may pay any money s. 16(2). payable to the member or contributor or to his or
(c) authorise the Board to pay on the person's behalf the amount of the surcharge assessment directly to the Australian Taxation Office. (3) The Board must commute the person's pension to the extent determined by an actuary appointed by the Board to be necessary to pay the amount of the surcharge assessment. (4) The Board must advise the person in writing as to the actuary's determination. (5) The exercise of the power of commutation under this section does not affect the exercise of any other commutation rights under this Act. S. 26 amended by No. 82/1996 s. 13, substituted by No. 70/2003 s. 6. 26 Assignment or charging of interest s. 26 S. 26(1) amended by No. 37/2007 s. 16(1). (1) Subject to subsection (2) and subsection (3), an interest of a member or beneficiary in a benefit under this Act— (a) must not be in any way assigned, charged, attached or passed by operation of law to any other person; and (b) is not an asset for the payment of any debt or liability. (2) Subsection (1) does not apply to or in respect of any assignment, charge, payment or transfer permitted expressly or by necessary implication by this Act. S. 26(3) inserted by No. 37/2007 s. 16(2). (3) If on the death of a member or contributor the Board is satisfied that there is no personal representative, the Board may pay any money payable to the member or contributor or to his or
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