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This is a Bill, not an Act. For current law, see the Acts databases.

SUPERANNUATION CONTRIBUTIONS SURCHARGE (APPLICATION TO THE COMMONWEALTH) BILL 1997

1996-97

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES


(As read a third time)





Superannuation Contributions Surcharge (Application to the Commonwealth) Bill 1997

No. , 1997




A Bill for an Act to provide for the notional application of superannuation contributions surcharge on the surchargeable contributions of members of non-contributory Commonwealth superannuation schemes, and for related purposes



9702640--1,280/25.3.1997--(26/97) Cat. No. 96 7472 1 ISBN 0644 50001 8


Contents


This Bill originated in the House of Representatives; and, having this day passed, is now ready for presentation to the Senate for its concurrence.

L.M. BARLIN
Clerk of the House of Representatives

House of Representatives
24 March 1997

A Bill for an Act to provide for the notional application of superannuation contributions surcharge on the surchargeable contributions of members of non-contributory Commonwealth superannuation schemes, and for related purposes

The Parliament of Australia enacts:


1 Short title

This Act may be cited as the Superannuation Contributions Surcharge (Application to the Commonwealth) Act 1997.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Interpretation

Any expression that is used in this Act and in the Superannuation Contributions Surcharge (Assessment and Collection) Act 1997 has the same meaning as in that Act.

4 Application of Act

This Act applies if:

(a) the trustee of an unfunded defined benefits superannuation scheme is an officer, authority or agent of the Commonwealth in the trustee’s capacity as trustee of the scheme; and

(b) were the trustee not such an officer, authority or agent, the trustee would be liable to pay superannuation contributions surcharge on superannuation contributions for a financial year of a member of the scheme; and

(c) there are no contributed amounts payable to the trustee for or by the member under the scheme.

5 Trustee taken not to be officer, authority or agent of the Commonwealth

The trustee is taken, for the purposes of the Superannuation Contributions Surcharge Imposition Act 1997 and the Superannuation Contributions Surcharge (Assessment and Collection) Act 1997, not to be an officer, authority or agent of the Commonwealth in the trustee’s capacity as trustee of the scheme.

6 Directions by Minister for Finance

(1) The Minister for Finance may give any written directions that are necessary or convenient to be given for discharging the trustee’s liability to pay the surcharge that arises because of the operation of section 5 and, in particular, may give directions in relation to the transfer of money within the Public Account.

(2) Directions under subsection (1) have effect, and are to be complied with, despite any other law of the Commonwealth.

7 Discharge of liability of trustee

Compliance with any directions given under section 6 is taken, for the purposes of the Superannuation Contributions Surcharge (Assessment and Collection) Act 1997 to discharge the trustee’s liability to pay the surcharge.

 

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