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1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Superannuation Guarantee
(Administration) Amendment Bill 2001
No.
, 2001
(Mr K J
Thomson)
A Bill for an Act to amend the
Superannuation Guarantee (Administration) Act 1992
Contents
A Bill for an Act to amend the Superannuation
Guarantee (Administration) Act 1992
The Parliament of Australia enacts:
This Act may be cited as the Superannuation Guarantee (Administration)
Amendment Act 2001.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Schedule 1 commences, or is taken to have commenced, on 1 July
2002.
The Superannuation Guarantee (Administration) Act 1992 is amended
as set out in the applicable items in Schedule 1 and the other item in the
Schedule has effect according to its terms.
1 Subsection 23(2)
Omit “,(6A)”.
2 Subsection 23(3)
Omit “,(6A)”.
3 Subsection 23(4)
Omit “,(6A)”.
4 Subsection 23(4A)
Omit “,(6A)”.
5 Subsection 23(5)
Omit “,(6A)”.
6 Subsection 23(6A)
Repeal the subsection.
7 Subsection 23(6B)
Omit “and all later years”, substitute “and to all later
years until the year that ends on 30 June 2002”.
8 Subsection 23(7)
Repeal the subsection, substitute:
[Certain contributions made before a period may be taken into account
for the period]
(7) A contribution to a complying superannuation fund or an RSA made by an
employer for the benefit of an employee may be taken into account under this
section as if it had been made during a particular contribution period
commencing after 30 June 1983 if the contribution:
(a) is made not more than 12 months before the beginning of the period;
or
(b) in respect of the first three contribution periods in a year not more
than 21 days after the end of the contribution period; or
(c) in respect of the last contribution period of the year not more than
28 days after the end of the contribution period.
9 Section 30
Repeal the section, substitute:
(a) an employer makes an arrangement; and
(b) as a result of the arrangement the employer’s superannuation
guarantee shortfall in a contribution period is reduced; and
(c) in the Commissioner’s opinion the arrangement was made solely or
principally for the purpose of avoiding payment of superannuation guarantee
charge otherwise than in accordance with this Act;
the employer is liable to pay for the contribution period an amount of
superannuation guarantee charge equal to the amount that, in the
Commissioner’s opinion, the employer would have been liable to pay if the
arrangement had not been made.
10 Section 31
Repeal the section, substitute:
(1) The
nominal interest component in relation to an employer for a contribution period
is the amount that would accrue by way of interest on the total of the
employer’s individual superannuation guarantee shortfalls for the
contribution period if interest were calculated at the rate applicable under the
regulations for the purposes of this subsection from the beginning of the year
in which the contribution period in question falls until the date on which
superannuation guarantee charge in relation to the total would be payable under
section 46.
11 Section 32
Repeal the section, substitute:
An
employer’s administration component for a contribution period is the
amount worked out using the formula:
Base amount + [N x Per capita amount]
where:
Base amount is $50 or such other amount as is from time to
time prescribed;
N is the number of employees in respect of whom the employer
has an individual superannuation guarantee shortfall for the contribution
period;
Per capita amount is $30 or such other amount as is from time
to time prescribed.
12 Section 33
Repeal the section, substitute:
(1) An employer who has a superannuation guarantee shortfall for a
contribution period must lodge a superannuation guarantee statement for the
contribution period on or before:
(a) the day on which the superannuation guarantee charge is payable under
section 46; or
(b) any later day allowed by the Commissioner.
(2) The statement must set out:
(a) the name and postal address of the employer; and
(b) the name, postal address and tax file number (so far as is known to
the employer) of each employee in relation to whom the employer had an
individual superannuation guarantee shortfall for the contribution period;
and
(c) the amount of each such shortfall; and
(d) the employer's nominal interest component for the contribution period;
and
(e) the employer's administration component for the contribution period;
and
(f) if the employer's annual national payroll for the employer's base year
is $1,000,000 or less, the amount of that payroll; and
(g) the total of the employer's individual superannuation guarantee
shortfalls for the contribution period; and
(h) the amount of the employer's superannuation guarantee charge for the
contribution period.
(3) The statement must:
(a) be in a form approved by the Commissioner; and
(b) be lodged with the Commissioner in accordance with the regulations;
and
(c) be signed by or on behalf of the employer making the
statement.
(4) Subsection (1) does not apply to the employer if the employer has
previously given the Commissioner a statement for the contribution period under
section 34.
13 Section 34
Repeal the section, substitute:
The Commissioner, by written notice, may require a person who was at any
time during a contribution period an employer and who has not lodged a
superannuation guarantee statement for that contribution period to give the
Commissioner, within a specified period of not less than 14 days, a written
statement for the contribution period stating whether the person has a
superannuation guarantee shortfall for the contribution period and if so,
setting out the matters referred to in subsection 33(2).
14 Section 35
Repeal the section, substitute:
(1) If:
(a) an employer lodges a superannuation guarantee statement for a
contribution period; and
(b) a superannuation guarantee statement has not previously been lodged,
and an assessment has not previously been made, for the contribution period in
relation to the employer;
then:
(c) the statement has effect as an assessment of the employer's
superannuation guarantee shortfall for the contribution period and of the
superannuation guarantee charge payable on the shortfall; and
(d) the assessment is taken to have been made on the day on which the
superannuation guarantee charge is payable under section 46 or the day on which
the statement was lodged, whichever is the later; and
(e) the sum of:
(i) the total of the employer's individual superannuation guarantee
shortfalls; and
(ii) the employer's nominal interest component; and
(iii) the employer's administration component;
specified in the statement is to be taken to be the amount of
superannuation guarantee charge payable by the employer for the contribution
period; and
(f) the statement has effect as if it were a notice of assessment signed
by the Commissioner and given to the employer on the day on which the assessment
is taken to have been made.
(2) In subsection (1), “superannuation guarantee statement”
includes a statement under section 34 that indicates that an employer has a
superannuation guarantee shortfall for a contribution period.
15 Section 36
Repeal the section, substitute:
(1) If:
(a) an employer has not lodged a superannuation guarantee statement for a
contribution period; and
(b) the Commissioner is of the opinion that the employer is liable to pay
superannuation guarantee charge for the contribution period;
the Commissioner may make an assessment of the employer's superannuation
guarantee shortfall for the contribution period and of the superannuation
guarantee charge payable on the shortfall.
(2) For the purposes of making an assessment under subsection (1), the
superannuation guarantee shortfall is taken to be the amount that in the
Commissioner's opinion might reasonably be expected to be the
shortfall.
(3) Superannuation guarantee charge in relation to an assessment for a
contribution period made under this section is taken to have become payable on
the day on which the superannuation guarantee charge is payable under section
46.
16 Section 46
Repeal the section, substitute:
(1) Superannuation guarantee charge is payable:
(a) for a contribution period commencing on 1 July—
on 5 November
the same year;
(b) for a contribution period commencing on 1 October—
on 5
February the next year;
(c) for a contribution period commencing on 1 January—
on 6 May
the same year; and
(d) for a contribution period commencing on 1 April—
on 14 August
the same year.
(2) If, after a day on which superannuation guarantee charge is payable
under subsection (1), the employer lodges a superannuation guarantee statement
or a statement under section 34 indicating a superannuation guarantee shortfall
for that contribution period —on the day on which the statement is
lodged.
Repeal the paragraph, substitute:
(a) the employer’s administration component for the contribution
period; and
18 Paragraph 49(2)(b)
Repeal the paragraph, substitute:
(b) the employer’s nominal interest component for the contribution
period;
19 Subsection 59(1)
Repeal the subsection, substitute:
(1) If an employer other than a government body refuses or fails to
provide, when and as required under this Act, a superannuation guarantee
statement or information relevant to assessing the employer’s liability to
pay superannuation guarantee charge for a contribution period, the employer is
liable to pay, by way of penalty, additional superannuation guarantee charge
equal to double the amount of superannuation guarantee charge payable by the
employer for the contribution period.
20 Subsection 59(2)
Repeal the subsection, substitute:
(2) If an employer liable to pay superannuation guarantee charge in
relation to a contribution period:
(a) fails to keep a record in relation to the contribution period
containing details of the basis of calculation of the following
amounts:
(i) the employer's annual national payroll for the employer's base
year;
(ii) the individual superannuation guarantee shortfalls of the employer
for the contribution period;
(iii) the employer's nominal interest component for the contribution
period;
(iv) the employer's administration component for the contribution
period;
that were specified in a superannuation guarantee statement under section
33 or a statement under section 34; or
(b) refuses or fails to produce to the Commissioner, when and as required
by the Commissioner under this Act, a document containing details of the basis
of calculation of the amounts referred to in paragraph (2)(a) that were
specified in a superannuation guarantee statement under section 33 or a
statement under section 34;
the employer is liable to pay, by way of penalty, additional
superannuation guarantee charge equal to double the amount of superannuation
guarantee charge payable by the employer for the contribution period.
21 Section 64
Repeal the section, substitute:
(1) If a payment of superannuation guarantee charge relates only to
one employee, the shortfall component of the payment is the amount of the
payment less:
(a) any amount in respect of the administration component for the
contribution period to which the payment relates; and
(b) any amount of penalty charge (other than penalty charge under section
49 that does not relate to additional superannuation guarantee charge under Part
7) included in the payment.
(2) If a payment of superannuation guarantee charge relates to 2 or more
employees, the shortfall component of the payment is worked out in the following
manner:
(a) the following amounts are deducted:
(i) any amount in respect of the administration component for the
contribution period to which the payment relates;
(ii) any amount of penalty charge (other than penalty charge under section
49 that does not relate to additional superannuation guarantee charge under Part
7) included in the payment;
(b) the amount remaining after the amounts referred to in paragraph (a)
have been deducted represents the total of the shortfall components for all of
the employees concerned;
(c) the shortfall component in relation to a particular employee is the
amount worked out using the formula:
A + B
C
where:
A is the total amount referred to in paragraph (b).
B is the employer's individual superannuation guarantee
shortfall in relation to the particular employee for the contribution period
concerned.
C is the total of the employer's individual superannuation
guarantee shortfalls in relation to all employees to whom the payment or
payments related for the contribution period concerned.
22 Application of items 1 to
21
The amendments of the Superannuation Guarantee (Administration) Act
1992 made by items 1 to 21 apply only in relation to the year commencing on
1 July 2002 and do not affect any liability or requirement in connection with
any earlier time.
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