SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992
SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1-PRELIMINARY Section 1. Short title 2. Commencement 3. Act binds Crown etc. 4. Extension to Territories 5. Application of Act to Commonwealth PART 2-EXPLANATION OF TERMS USED IN THE ACT 6. Interpretation: general 7. Interpretation: complying superannuation fund or scheme 8. Interpretation: resident of Australia 9. Interpretation: indexation factor 10. Interpretation: benefit certificate 11. Interpretation: salary or wages 12. Interpretation: employee, employer 13. Interpretation: notional earnings base where employer contributing to superannuation fund for benefit of employee immediately before 21 August 1991 14. Interpretation: notional earnings base where employer not contributing to superannuation fund for benefit of employee immediately before 21 August 1991 15. Interpretation: maximum contribution base PART 3-LIABILITY OF EMPLOYERS OTHER THAN THE COMMONWEALTH AND TAX-EXEMPT COMMONWEALTH AUTHORITIES TO PAY SUPERANNUATION GUARANTEE CHARGE 16. Charge payable by employer 17. Superannuation guarantee shortfall 18. Individual superannuation guarantee shortfall for 1992-93 19. Individual superannuation guarantee shortfall for 1993-94 and subsequent years 20. Charge percentage for a person who was an employer for the whole of the 1991-92 year 21. Charge percentage for a person who was not an employer for the whole of the 1991-92 year 22. Reduction of charge percentage where contribution made to defined benefit superannuation scheme 23. Reduction of charge percentage where contribution made to fund other than defined benefit superannuation scheme 24. Certain benefit certificates presumed to be certificates in relation to complying superannuation scheme 25. Certain contributions presumed to be contributions to complying superannuation fund 26. Certain periods not to count as periods of employment 27. Salary or wages: general exclusions 28. Salary or wages: excluded earnings of young persons 29. Salary or wages: excluded earnings of members of Reserve Forces 30. Arrangements to avoid payment of superannuation guarantee charge 31. Nominal interest component 32. Administration component PART 4-SUPERANNUATION GUARANTEE STATEMENTS AND ASSESSMENTS 33. Annual superannuation guarantee statements 34. Power to require information where no superannuation guarantee statement 35. First superannuation guarantee statement for year taken to be assessment 36. Default assessments 37. Amendment of assessments 38. Refund of overpaid amounts 39. Amended assessment to be an assessment 40. Notice of assessment or amendment 41. Validity of assessment 42. Objections against assessment or amendment PART 5-ADMINISTRATION 43. General administration of Act 44. Annual report 45. Secrecy PART 6-COLLECTION AND RECOVERY OF CHARGE 46. When superannuation guarantee charge becomes payable 47. When additional superannuation guarantee charge becomes payable 48. Extension of time for payment 49. Penalty for unpaid superannuation guarantee charge 50. Recovery of superannuation guarantee charge 51. Substituted service 52. Liquidation 53. Receivers 54. Recovery of superannuation guarantee charge from trustee of deceased employer
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55. Recovery of charge from unadministered deceased estates 56. Commissioner may collect superannuation guarantee charge from person owing money to person liable to superannuation guarantee charge 57. Public officer of company 58. Public officer of trust estate PART 7-PENALTY CHARGE 59. Failure to provide statements or information 60. False or misleading statements 61. Penalty superannuation guarantee charge where arrangement to avoid superannuation guarantee charge 62. Assessment of additional superannuation guarantee charge PART 8-DISTRIBUTION OF SHORTFALL COMPONENT OF CHARGE 63. Application of Part 64. What is the "shortfall component"? 65. Payment of shortfall component 66. Payment to employee retired due to illness 67. Payment where employee deceased 68. Payment not subject to taxation 69. Repayment of overpayments in relation to a shortfall component 70. Recovery of overpayments 71. Appropriation PART 9-MISCELLANEOUS 72. Treatment of partnerships 73. Treatment of unincorporated associations 74. Judicial notice of signature 75. Evidence 76. Access to premises etc. 77. Obtaining information and evidence 78. Right of contribution 79. Records to be kept and retained by employers 80. Regulations SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - LONG TITLE
An Act relating to the establishment and administration of the Superannuation Guarantee Scheme, and for related purposes SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - PART 1 PART 1-PRELIMINARY
SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - SECT 1 Short title
(Assented to 21 August 1992) 1. This Act may be cited as the Superannuation Guarantee (Administration) Act 1992. (Minister's second reading speech made in- House of Representatives on 2 April 1992 Senate on 27 May 1992) SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - SECT 2 Commencement
2. This Act commences on 1 July 1992. SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - SECT 3 Act binds Crown etc.
3.(1) This Act binds the Crown in right of the Commonwealth, each State, the Australian Capital Territory and the Northern Territory. (2) Nothing in this Act permits the Crown to be prosecuted for an offence. SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - SECT 4 Extension to Territories
4. This Act: (a) extends to the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island; and (b) has effect as if those Territories were part of Australia. SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - SECT 5 Application of Act to Commonwealth
5.(1) Neither the Commonwealth nor a tax-exempt Commonwealth authority is liable to pay superannuation guarantee charge. (2) This Act applies in all other respects as if the Commonwealth and tax-exempt Commonwealth authorities were liable to pay superannuation guarantee charge. (3) Part 8 has effect as if any superannuation guarantee charge in respect of a superannuation guarantee shortfall of the Commonwealth or a tax-exempt Commonweath authority had been paid on 14 August in the year following the year to which the charge relates. (4) Subsection 14ZX(4), section 14ZZ and Divisions 4 and 5 of Part IVC of the Taxation Administration Act 1953 do not apply to: (a) the Commonwealth; or (b) a tax-exempt Commonwealth authority. (5) A tax-exempt Commonwealth authority is an authority or body that: (a) is established by or under a law of the Commonwealth; and (b) is not liable to any taxation under a law of the Commonwealth. SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - PART 2 PART 2-EXPLANATION OF TERMS USED IN THE ACT
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SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - SECT 6 Interpretation: general
6.(1) In this Act, unless the contrary intention appears: "actuary" means a Fellow or Accredited Member of The Institute of Actuaries of Australia; "administration component", in relation to an employer and a year, means the amount worked out according to section 32; "annual national payroll", in relation to an employer and a year, means the aggregate of the salary or wages paid by the employer during the year: (a) in Australia; and (b) outside Australia in relation to services performed or rendered wholly in Australia; "arrangement", for the purposes of section 30, 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) any scheme, plan, proposal, action, course of action or course of conduct; "assessment" means: (a) the ascertainment of an employer's superannuation guarantee shortfall in a year and of the superannuation guarantee charge payable on the shortfall; or (b) the ascertainment of additional superannuation guarantee charge payable under Part 7; "authorised officer" means an officer or employee within the meaning of the Public Service Act 1922 who has been authorised in writing by the Commissioner for the purposes of the provision in which the expression appears; "base year", in relation to an employer, has the meaning given by subsections 20(2) and 21(2); "Commissioner" means the Commissioner of Taxation; "complying superannuation fund" has the meaning given by section 7; "complying superannuation scheme" has the meaning given by section 7; "contribution period" means: (a) a period of 6 months commencing on 1 July 1992 or 1 January 1993; or (b) a period of 3 months commencing on 1 July, 1 October, 1 January or 1 April in the 1993-94 year or any later year; "data processing device" means any article or material from which information is capable of being reproduced with or without the aid of any other article or device; "defined benefit superannuation scheme" means a scheme under which: (a) in all cases-one or more members of the scheme are entitled, on retirement, to be paid a benefit defined, wholly or in part, by reference to either or both of the following: (i) the amount of the member's annual salary: (A) at the date of the member's retirement; or (B) at a date before retirement; or (C) averaged over a period of employment before retirement; (ii) a specified amount; and (b) if the scheme is not a public sector scheme-some or all of the contributions under the scheme (out of which, together with earnings on those contributions, the benefits are to be paid) are not paid into a fund, or accumulated in a fund, in respect of any individual member but are paid into and accumulated in a fund in the form of an aggregate amount; "Deputy Commissioner" means a Deputy Commissioner of Taxation; "government body" means: (a) the Commonwealth or a State or Territory; or (b) a Commonwealth, State or Territory authority; "half-year" means a contribution period of 6 months; "indexation factor", in relation to a year, has the meaning given by section 9; "individual superannuation guarantee shortfall", has the meaning given by sections 18 and 19; "industrial award" means: (a) an industrial award or determination made under a law of the Commonwealth, a State or a Territory; or (b) an industrial agreement approved or registered under such a law; "liability to the Commonwealth" means a liability to the Commonwealth arising under an Act of which the Commissioner has the general administration; "lodge" means lodge with the Commissioner; "month" means the period of a calendar month beginning on the first day of any of the 12 months of the year; "nominal interest component", in relation to an employer and a year, has the meaning given by section 31; "occupational superannuation arrangement", in relation to the employment of a person, means an agreement that imposes an obligation on the person's employer to contribute to a superannuation fund for the benefit of the person; "offence against this Act" includes an offence relating to this Act against:
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(a) the Crimes Act 1914; or (b) the Taxation Administration Act 1953; "ordinary time earnings", in relation to an employee, means: (a) the total of: (i) earnings in respect of ordinary hours of work; and (ii) earnings consisting of over-award payments, shift-loading or commission; or (b) if the total ascertained in accordance with paragraph (a) would be greater than the maximum contribution base for the contribution period-the maximum contribution base; "part-time employee" means a person who is employed to work not more than 30 hours per week; "proceeding under this Act" includes: (a) a proceeding for an offence against this Act; or (b) a proceeding under the Taxation Administration Act 1953 relating to this Act; "public sector scheme" means a scheme of superannuation established: (a) by or under a law of the Commonwealth or of a State or Territory; or (b) under the authority of: (i) the Commonwealth or the government of a State or Territory; or (ii) a municipal corporation, another local governing body or a public authority constituted by or under a law of the Commonwealth or of a State or Territory; "quarter" means a contribution period of 3 months; "resident of Australia" has the meaning given by section 8; "Second Commissioner" means a Second Commissioner of Taxation; "superannuation fund" means a superannuation fund within the meaning of subsection 3(1) of the Occupational Superannuation Standards Act 1987; "superannuation guarantee charge" means charge imposed by the Superannuation Guarantee Charge Act 1992; "superannuation guarantee shortfall" has the meaning given by section 17; "superannuation guarantee statement" means a superannuation guarantee statement under section 33; "superannuation scheme" means: (a) a defined benefit superannuation scheme whether or not embodied in the governing rules of a superannuation fund; or (b) any other scheme embodied in the governing rules of a superannuation fund; "taxation officer" means a person exercising powers, or performing functions, under this Act; "trustee", in relation to a superannuation scheme, means: (a) if: (i) the scheme is embodied in the governing rules of a fund; and (ii) there is a trustee of the fund; the trustee of the fund; or (b) in any other case-the person who manages the scheme; "trustee", except in relation to a superannuation fund or superannuation scheme, includes: (a) a person appointed or constituted trustee by: (i) act of parties; or (ii) order or declaration of a court; or (iii) operation of law; and (b) an executor, administrator or other personal representative of a deceased person; and (c) a guardian or committee; and (d) a receiver or receiver and manager; and (e) an official manager or liquidator of a company; and (f) a person: (i) having or taking upon himself or herself the administration or control of any real or personal property affected by any express or implied trust; or (ii) acting in any fiduciary capacity; or (iii) having the possession, control or management of any real or personal property of a person under any legal or other disability; "year" means financial year. (2) For the purposes of this Act, a reference to a contribution made by an employer for the benefit of an employee includes a reference to a contribution made on behalf of the employer. (3) For the purposes of this Act, a reference to salary or wages paid by an employer to an employee includes a reference to a payment made on behalf of the employer. SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - SECT 7 Interpretation: complying superannuation fund or scheme
7. A superannuation fund or scheme is a complying superannuation fund or scheme (as the case may be) in relation to a period for the purposes of this Act if it is a complying superannuation fund in relation to that period for the purposes of Part IX of the Income Tax Assessment Act 1936. SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - SECT 8 Interpretation: resident of Australia
8. A person is a resident of Australia for the purposes of this Act at any
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time when the person is a resident of Australia for the purposes of the Income Tax Assessment Act 1936. SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 No. 111, 1992 - SECT 9 Interpretation: indexation factor
9.(1) The indexation factor for a year is whichever is the greater of the following: (a) 1; (b) the number calculated (to 3 decimal places) by dividing the AWOTE amount for the March quarter in the preceding year by the AWOTE amount for the March quarter in the year preceding that year. (2) The AWOTE amount for a quarter is the estimate of the full-time adult average weekly ordinary time earnings for persons in Australia for the middle month of the quarter published by the Australian Statistician in relation to the month. (3) If the Australian Statistician publishes an estimate of full-time adult average weekly ordinary time earnings for persons in Australia for a period for which such an estimate was previously published by the Australian Statistician, the publication of the later estimate is to be disregarded for the purposes of this section. (4) If the number calculated for the purposes of paragraph (1)(b) in relation to a year would, if calculated to 4 decimal places, end with a numeral higher than 4, the number is to be taken to be the number calculated to 3 decimal places and increased by 0.001.