Commonwealth Numbered Acts

SUPERANNUATION CONTRIBUTIONS TAX (ASSESSMENT AND COLLECTION) ACT 1997 No. 70, 1997 - SECT 18

Application
18. (1) This section applies if:

   (a)  an assessment, directed to a superannuation provider, of surcharge on
        a member's contributions for a financial year has been made; and

   (b)  the provider has paid the assessed amount; and

   (c)  the member did not, before the assessment was made, quote his or her
        tax file number to the provider in connection with the operation or
        the possible future operation of this Act and the Commissioner did not
        know the tax file number when the assessment was made; and

   (d)  the assessed amount was more than it would have been if the member had
        quoted the tax file number to the provider; and

   (e)  after the assessment was made:

        (i)    the member quoted the tax file number to the provider in
               connection with the operation or the possible future operation
               of this Act and the provider informed the Commissioner of the
               tax file number; or

        (ii)   the Commissioner found out the tax file number.

Amendment of assessment

(2) The Commissioner must amend the assessment to reduce the amount of
surcharge to the amount that would have been payable if the Commissioner had
known the tax file number when the assessment was made.