Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) S ubject to this regulation , contributions to an RSA are taken to be mandated employer contributions.
(2) If:
(a) at least 1 year has elapsed since the RSA provider received the contributions in respect of the RSA; and
(b) the RSA provider:
(i) is satisfied that the contributions are not in fact mandated employer contributions; and
(ii) decides not to continue to treat the contributions as mandated employer contributions;
subregulation (1) ceases to apply to the contributions.
(3) If:
(a) less than 1 year has elapsed since the RSA provider received the contributions in respect of the RSA; and
(b) the RSA provider is satisfied that the contributions are not in fact mandated employer contributions;
subregulation (1) ceases to apply to the contributions.
(4) The RSA provider has power to make a decision of the kind mentioned in subparagraph 2(b)(ii) despite anything in the terms and conditions of the RSA.
Example of the application of this regulation
An RSA provider may receive a non - mandated employer contribution from an employer that the RSA provider does not know is a non - mandated employer contribution (ie, a contribution not made in satisfaction of the employer's superannuation guarantee or award obligation).
On acceptance, the contribution will be taken to be a mandated employer contribution.
From this point, one of three circumstances may apply:
(a) the RSA provider may become aware in the first year after the contribution was received that the contribution is a non - mandated employer contribution, and, if this is the case, the RSA provider must treat the contribution as a non - mandated employer contribution; or
(b) the RSA provider may become aware more than a year after the contribution was received that the contribution is a non - mandated employer contribution, and, if this is the case, the RSA provider may continue to treat the contribution as a mandated employer contribution instead of making corrections to reflect the change; or
(c) the RSA provider may never become aware that the contribution is a non - mandated employer contribution, and, if this is the case, the contribution will always be taken to be a mandated employer contribution.