OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991
OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - TABLE OF PROVISIONS
TABLE OF PROVISIONS Section 1. Short title 2. Commencement PART 2-AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936 3. Principal Act 4. Losses and outgoings PART 3-AMENDMENTS OF THE INSURANCE AND SUPERANNUATION COMMISSIONER ACT 1987 5. Principal Act 6. Interpretation 7. Insurance and Superannuation Commissioner 8. Disclosure of interests 9. Termination of appointment PART 4-AMENDMENT OF THE OCCUPATIONAL SUPERANNUATION STANDARDS ACT 1987 10. Principal Act 11. Interpretation 12. Crown to be bound 13. Notices as to satisfaction of the superannuation fund conditions 14. Discretion to treat funds as satisfying the superannuation fund conditions 15. Notices as to satisfaction of the approved deposit fund conditions 16. Discretion to treat funds as satisfying the approved deposit fund conditions 17. Notices as to satisfaction of the pooled superannuation trust conditions 18. Discretion to treat unit trusts as satisfying the pooled superannuation trust conditions 19. Insertion of new section: 15CA. Returns 20. Insertion of new Part: PART IIIAA-COLLECTION OF SUPERANNUATION SUPERVISORY LEVY 15DA. Liability to levy 15DB. When levy due for payment 15DC. Penalty for non-payment of levy 15DD. Recovery of levy etc. 15DE. Payment of levy and late payment penalty 15DF. Remission of levy and penalties 15DG. Application of payments 15DH. Exempting laws ineffective 21. Approved deposit funds, life assurance companies and registered organisations to provide certain information 22. Payers to provide certain information 23. Persons may request copies of previous determinations 24. Review of certain decisions 25. Regulations 26. Application of amendments 27. Transitional-precribed forms 28. Transitional-prior year returns in electronic form 29. Transitional-notices in electronic form given under subsection 15F(1) or 15G(1) or (7) of the Principal Act 30. Transitional-discretion to accept part payment of certain fees as full payment 31. Transitional-delegation of powers under transitional provisions OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - LONG TITLE
An Act to amend the Income Tax Assessment Act 1936, the Insurance and Superannuation Commissioner Act 1987 and the Occupational Superannuation Standards Act 1987, and for related purposes OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - PART 1 PART 1 - PRELIMINARY
OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 1 Short title
(Assented to 24 April 1991) 1. This Act may be cited as the Occupational Superannuation Laws Amendment Act 1991. (Minister's second reading speech made in- House of Representatives on 7 March 1991 Senate on 11 April 1991) OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 2 Commencement
2. This Act commences on the day on which it receives the Royal Assent. OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - PART 2 PART 2 - AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936
OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 3 Principal Act
3. In this Part, "Principal Act" means the Income Tax Assessment Act 1936.*1* *1* No. 27, 1936, as amended. For previous amendments, see No. 88, 1936; No. 5, 1937; No. 46, 1938; No. 30, 1939; Nos. 17 and 65, 1940; Nos. 58 and 69,
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1941; Nos. 22 and 50, 1942; No. 10, 1943; Nos. 3 and 28, 1944; Nos. 4 and 37, 1945; No. 6, 1946; Nos. 11 and 63, 1947; No. 44, 1948; No. 66, 1949; No. 48, 1950; No. 44, 1951; Nos. 4, 28 and 90, 1952; Nos. 1, 28, 45 and 81, 1953; No. 43, 1954; Nos. 18 and 62, 1955; Nos. 25, 30 and 101, 1956; Nos. 39 and 65, 1957; No. 55, 1958; Nos. 12, 70 and 85, 1959; Nos. 17, 18, 58 and 108, 1960; Nos. 17, 27 and 94, 1961; Nos. 39 and 98, 1962; Nos. 34 and 69, 1963; Nos. 46, 68, 110 and 115, 1964; Nos. 33, 103 and 143, 1965; Nos. 50 and 83, 1966; Nos. 19, 38, 76 and 85, 1967; Nos. 4, 70, 87 and 148, 1968; Nos. 18, 93 and 101, 1969; No. 87, 1970; Nos. 6, 54 and 93, 1971; Nos. 5, 46, 47, 65 and 85, 1972; Nos. 51, 52, 53, 164 and 165, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 26 and 126, 1974; Nos. 80 and 117, 1975; Nos. 50, 53, 56, 98, 143, 165 and 205, 1976; Nos. 57, 126 and 127, 1977; Nos. 36, 57, 87, 90, 123, 171 and 172, 1978; Nos. 12, 19, 27, 43, 62, 146, 147 and 149, 1979; Nos. 19, 24, 57, 58, 124, 133, 134 and 159, 1980; Nos. 61, 92, 108, 109, 110, 111, 154 and 175, 1981; Nos. 29, 38, 39, 76, 80, 106 and 123, 1982; Nos. 14, 25, 39, 49, 51, 54 and 103, 1983; Nos. 14, 42, 47, 63, 76, 115, 124, 165 and 174, 1984; No. 123, 1984 (as amended by No. 65, 1985); Nos. 47, 49, 104, 123, 168 and 174, 1985; No. 173, 1985 (as amended by No. 49, 1986); Nos. 41, 46, 48, 51, 109, 112 and 154, 1986; No. 49, 1986 (as amended by No. 141, 1987); No. 52, 1986 (as amended by No. 141, 1987); No. 90, 1986 (as amended by No. 141, 1987); Nos. 23, 58, 61, 120, 145 and 163, 1987; No. 62, 1987 (as amended by No. 108, 1987); No. 108, 1987 (as amended by No. 138, 1987); No. 138, 1987 (as amended by No. 11, 1988); No. 139, 1987 (as amended by Nos. 11 and 78, 1988); Nos. 8, 11, 59, 75, 78, 80, 87, 95, 97, 127 and 153, 1988; Nos. 2, 11, 56, 70, 73, 105, 107, 129, 163 and 167, 1989; No. 97, 1989 (as amended by No. 105, 1989); and No. 20, 1990. OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 4 Losses and outgoings
4. Section 51 of the Principal Act is amended by adding at the end the following subsection: "(8) A deduction is not allowable under subsection (1) in respect of so much of levy imposed by the Superannuation Supervisory Levy Act 1991 as represents the late lodgment amount within the meaning of section 6 of that Act.". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - PART 3 PART 3 - AMENDMENT OF THE INSURANCE AND SUPERANNUATION COMMISSIONER ACT 1987
OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 5 Principal Act
5. In this Part, "Principal Act" means the Insurance and Superannuation Commissioner Act 1987.*2* *2* No. 98, 1987. OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 6 Interpretation
6. Section 3 of the Principal Act is amended by inserting the following definition: " `pooled superannuation trust' has the same meaning as in the Occupational Superannuation Standards Act 1987;". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 7 Insurance and Superannuation Commissioner
7. Section 4 of the Principal Act is amended by inserting in subsection (3) ", a pooled superannuation trust" after "superannuation fund" (wherever occurring). OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 8 Disclosure of interests
8. Section 8 of the Principal Act is amended by inserting after paragraph (a) the following paragraph: "(aa) any pooled superannuation trust or any body corporate that is a trustee of such a trust;". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 9 Termination of appointment
9. Section 11 of the Principal Act is amended by inserting in subparagraph (2) (c) (ii) ", a pooled superannuation trust" after "superannuation fund". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - PART 4 PART 4 - AMENDMENT OF THE OCCUPATIONAL SUPERANNUATION STANDARDS ACT 1987
OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 10 Principal Act
10. In this Part, "Principal Act" means the Occupational Superannuation Standards Act 1987.*3* *3* No. 97, 1987, as amended. For previous amendments, see No. 138, 1987; Nos. 97 and 105, 1989; and Nos. 61 and 135, 1990. OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 11 Interpretation
11. Section 3 of the Principal Act is amended: (a) by omitting "or" from paragraph (c) of the definition of "reviewable decision" in subsection (1); (b) by adding at the end of the definition of "reviewable decision" in subsection (1) the following paragraphs: "(e) a decision of the Commissioner under subsection 12 (6A), 14 (6A) or 15B (6A); or
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(f) a decision of the Commissioner under section 15DF;"; (c) by inserting in subsection (1) the following definitions: " `approved form', in relation to a return under subsection 12 (1), 14 (1) or 15B (1), has the meaning given by section 15CA; `basic levy amount' has the meaning given by section 6 of the Superannuation Supervisory Levy Act 1991; `data processing device' means any article or material (for example, a disc) from which information is capable of being reproduced with or without the aid of any other article or device; `late lodgment amount' has the meaning given by section 6 of the Superannuation Supervisory Levy Act 1991; `late payment penalty' means penalty payable under section 15DC; `levy' means the levy imposed by the Superannuation Supervisory Levy Act 1991; `levy avoidance scheme' means: (a) an agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or (b) a scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved; entered into or carried out for the purpose, or for purposes that included the purpose, of enabling trustees to avoid the payment of levy; `levy month' means one of the 12 months of the year; `minimum basic levy amount', in relation to a year of income, means the lowest basic levy amount applicable to returns for the year of income for funds and unit trusts that are in existence at all times during the year of income;". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 12 Crown to be bound
12. Section 3A of the Principal Act is amended by inserting "of the Australian Capital Territory," before "of the Northern Territory" (wherever occurring). OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 13 Notices as to satisfaction of the superannuation fund conditions
13. Section 12 of the Principal Act is amended: (a) by omitting subsections (1) and (2) and substituting the following subsections: "(1) Where, after the end of a year of income of a fund, the trustees of the fund give to the Commissioner, in relation to the year of income: (a) a return, in an approved form, providing information relating to the fund and to the fund's satisfaction of the superannuation fund conditions during the year of income; and (b) a certificate by the trustees of the fund, in the prescribed form; and (c) a certificate by an approved auditor, in the prescribed form; subsection (3) applies in relation to the fund in relation to the year of income. "(2) Where a return referred to in paragraph (1) (a) is given otherwise than on a data processing device, a certificate referred to in paragraph (1) (b) or (c) may be endorsed on the return."; (b) by omitting from subsection (3) "subsection (6)" and substituting "subsections (6) and (6A)"; (c) by inserting after subsection (6) the following subsections: "(6A) The Commissioner may refuse to give a notice under subsection (3) if an amount of levy payable on the lodgment of the return remains unpaid. "(6B) If the Commissioner makes a decision under subsection (6A) refusing to give a notice under subsection (3), the Commissioner must notify the trustees, in writing, of that decision.". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 14 Discretion to treat funds as satisfying the superannuation fund conditions
14. Section 13 of the Principal Act is amended: (a) by omitting from paragraph (1) (a) ", certificates and fee or fees" (wherever occurring) and substituting "and certificates"; (b) by adding "and" at the end of paragraph (1) (b); (c) by inserting after paragraph (1) (b) the following paragraph: "(c) if the trustees have not lodged a return for the year of income under subsection 12 (1) - the trustees satisfy the Commissioner that the failure of the trustees to lodge the return, and any failure of the fund to satisfy the superannuation fund conditions, were not part of a levy avoidance scheme;". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 15 Notices as to satisfaction of the approved deposit fund conditions
15. Section 14 of the Principal Act is amended: (a) by omitting subsections (1) and (2) and substituting the following subsections: "(1) Where, after the end of a year of income of a fund, the trustees of the fund give to the Commissioner, in relation to the year of income: (a) a return, in an approved form, providing information relating to the fund and to the fund's satisfaction of the approved deposit fund conditions during the year of income; and (b) a certificate by the trustees of the fund, in the prescribed form; and
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(c) a certificate by an approved auditor, in the prescribed form; subsection (3) applies in relation to the fund in relation to the year of income. "(2) Where a return referred to in paragraph (1) (a) is given otherwise than on a data processing device, a certificate referred to in paragraph (1) (b) or (c) may be endorsed on the return."; (b) by omitting from subsection (3) "subsection (6)" and substituting "subsections (6) and (6A)"; (c) by inserting after subsection (6) the following subsections: "(6A) The Commissioner may refuse to give a notice under subsection (3) if an amount of levy payable on the lodgment of the return remains unpaid. "(6B) If the Commissioner makes a decision under subsection (6A) refusing to give a notice under subsection (3), the Commissioner must notify the trustees, in writing, of that decision.". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 16 Discretion to treat funds as satisfying the approved deposit fund conditions
16. Section 15 of the Principal Act is amended: (a) by omitting from paragraph (1) (a) ", certificates and fee or fees" (wherever occurring) and substituting "and certificates"; (b) by adding "and" at the end of paragraph (1) (b); (c) by inserting after paragraph (1) (b) the following paragraph: "(c) if the trustees have not lodged a return for the year of income under subsection 14 (1) - the trustees satisfy the Commissioner that the failure of the trustees to lodge the return, and any failure of the fund to satisfy the approved deposit fund conditions, were not part of a levy avoidance scheme;". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 17 Notices as to satisfaction of the pooled superannuation trust conditions
17. Section 15B of the Principal Act is amended: (a) by omitting subsections (1) and (2) and substituting the following subsections: "(1) Where, after the end of a year of income of a unit trust, the trustees of the unit trust give to the Commissioner, in relation to the year of income: (a) a return, in an approved form, providing information relating to the unit trust and to the unit trust's satisfaction of the pooled superannuation trust conditions during the year of income; and (b) a certificate by the trustees of the unit trust, in the prescribed form; and (c) a certificate by an approved auditor, in the prescribed form; subsection (3) applies in relation to the unit trust in relation to the year of income. "(2) Where a return referred to in paragraph (1) (a) is given otherwise than on a data processing device, a certificate referred to in paragraph (1) (b) or (c) may be endorsed on the return."; (b) by omitting from subsection (3) "subsection (6)" and substituting "subsections (6) and (6A)"; (c) by inserting after subsection (6) the following subsections: "(6A) The Commissioner may refuse to give a notice under subsection (3) if an amount of levy payable on the lodgment of the return remains unpaid. "(6B) If the Commissioner makes a decision under subsection (6A) refusing to give a notice under subsection (3), the Commissioner must notify the trustees, in writing, of that decision.". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 18 Discretion to treat unit trusts as satisfying the pooled superannuation trust conditions
18. Section 15C of the Principal Act is amended: (a) by omitting from paragraph (1) (a) ", certificates and fee or fees" (wherever occurring) and substituting "and certificates"; (b) by adding "and" at the end of paragraph (1) (b); (c) by inserting after paragraph (1) (b) the following paragraph: "(c) if the trustees have not lodged a return for the year of income under subsection 15B (1) - the trustees satisfy the Commissioner that the failure of the trustees to lodge the return, and any failure of the unit trust to satisfy the pooled superannuation trust conditions, were not part of a levy avoidance scheme;". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 19
19. After section 15C of the Principal Act the following section is inserted: Returns "15CA. (1) A reference in subsection 12 (1), 14 (1) or 15B (1) to an approved form is a reference to a form approved by the Commissioner, in writing, for the purposes of the subsection concerned. "(2) An approval may require or permit a return to be given on a specified kind of data processing device in accordance with specified software requirements.". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 20
20. After section 15D of the Principal Act the following Part is inserted:
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"PART IIIAA - COLLECTION OF SUPERANNUATION SUPERVISORY LEVY Liability to levy "15DA. The trustees who lodge a return under subsection 12 (1), 14 (1) or 15B (1) are liable to pay a levy on that lodgment. When levy due for payment "15DB. Levy payable by a person on the lodgment of a return is due and payable at the time of lodgment. Penalty for non-payment of levy "15DC. (1) If any levy payable by a person in relation to a return for a year of income remains unpaid as at: (a) the beginning of the first levy month after the time when it became due for payment; or (b) the beginning of a subsequent levy month; the person is liable to pay to the Commonwealth, in respect of that levy month, by way of penalty, the monthly amount worked out under subsection (2). "(2) The monthly amount for a levy month is the amount obtained by calculating whichever is the greater of the following amounts: (a) whichever is the lesser of the following amounts: (i) the amount calculated using the following formula and rounded up to the nearest whole dollar: 0.2 Unpaid levy --- 12 where: `Unpaid levy' means the amount of levy unpaid in relation to the return as at the beginning of the levy month; (ii) the amount calculated using the following formula and rounded up to the nearest whole dollar: 0.2 Basic levy --- amount 12 where: `Basic levy amount' means the basic levy amount in relation to the return; (b) the amount calculated using the following formula and rounded up to the nearest whole dollar: Minimum basic levy amount x 0.125 where: `Minimum basic levy amount' means the minimum basic levy amount for the year of income. "(3) In calculating, for the purposes of this section, the greater or lesser of 2 amounts, if those amounts are equal, the first-mentioned amount is taken to be greater than the other amount. "(4) Late payment penalty for a levy month is due and payable at the end of the levy month. Recovery of levy etc. "15DD. The following amounts may be recovered by the Commonwealth as debts due to the Commonwealth: (a) levy that is due and payable; (b) late payment penalty that is due and payable. Payment of levy and late payment penalty "15DE. Levy and late payment penalty are payable to the Commissioner. Remission of levy and penalties "15DF. The Commissioner may remit the whole or a part of the following: (a) so much of an amount of levy as represents a late lodgment amount; (b) an amount of late payment penalty. Application of payments "15DG. Where: (a) 2 or more amounts payable to the Commissioner by a person under this Part would, apart from this section, be debts due to the Commonwealth under this Part; and (b) an amount (in this section called the `debt payment') is paid to the Commissioner in respect of one or more of those amounts; and (c) the sum of the amounts payable exceeds the debt payment; the following provisions have effect: (d) in spite of any direction to the contrary by or on behalf of the person by whom the amounts are payable or the person making the debt payment, the Commissioner may apply the debt payment in partial discharge of the sum of the amounts payable; and (e) the Commonwealth may recover as a debt due to the Commonwealth the amount by which the sum of the amounts payable exceeds the debt payment. Exempting laws ineffective "15DH. (1) Nothing in a law passed before the commencement of this section exempts a person from liability to levy. "(2) A law, or a provision of a law, passed after the commencement of this section that purports to exempt a person from liability to pay taxes under laws of the Commonwealth or to pay certain taxes under those laws that include levy, other than a law or a provision that expressly exempts a person from liability to pay levy, is not to be construed as exempting the person from liability to pay levy.".
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OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 21 Approved deposit funds, life assurance companies and registered organisations to provide certain information
21. Section 15F of the Principal Act is amended by inserting after subsection (1) the following subsection: "(1A) An approval of a form may require or permit a notice to be given, in accordance with specified software requirements, on a specified kind of data processing device.". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 22 Payers to provide certain information
22. Section 15G of the Principal Act is amended by inserting after subsection (1) the following subsection: "(1A) An approval of a form may require or permit a notice under subsection (1) to be given, in accordance with specified software requirements, on a specified kind of data processing device.". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 23 Persons may request copies of previous determinations
23. Section 15Q of the Principal Act is amended by adding at the end the following subsection: "(2) A request under subsection (1) must be accompanied by such fee (if any) as is prescribed.". OCCUPATIONAL SUPERANNUATION LAWS AMENDMENT ACT 1991 No. 55, 1991 - SECT 24 Review of certain decisions