Section 60 — Superannuation Guarantee (Administration) Act 1992: Amnesty from liability to pay additional superannuation guarantee charge

(1) If: (a) under section 74, an employer qualifies for an amnesty in relation to part of the employer’s superannuation guarantee shortfall for a quarter; and (b) any assessment made under section 62, before the employer qualified for the amnesty, of the additional superannuation guarantee charge payable by the employer for the quarter did not take into account the extent of the increase in the shortfall as a result of the disclosure of information that gave rise to the amnesty; in working out under section 59 the employer’s liability to pay additional superannuation guarantee charge, the amount of the superannuation guarantee charge payable by the employer for the quarter is reduced by the extent to which the employer qualifies for the amnesty for the quarter. (2) Despite section 59, an employer’s liability to pay additional superannuation guarantee charge under this Part for a quarter is nil if: (a) under section 74, the employer qualifies for an amnesty in relation to the whole of the employer’s superannuation guarantee shortfall for the quarter; and (b) the Commissioner has not, before the employer qualified for the amnesty, made an assessment under section 62 of the additional superannuation guarantee charge payable by an employer under this Part for the quarter.