Superannuation Guarantee (Administration) Act 1992
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Superannuation Guarantee (Administration) Act 1992.
Section 2 — Commencement
This Act commences on 1 July 1992.
Section 3 — Act binds Crown etc.
(1) This Act binds the Crown in right of the Commonwealth, each State, the Australian Capital Territory and the Northern Territory. (2) Nothing in this Act permits the Crown to be prosecuted for an…
Section 4 — Application
This Act extends to every external Territory referred to in the definition of Australia.
Section 5 — Application of Act to Commonwealth
(1) The Commonwealth, Commonwealth Departments and untaxable Commonwealth authorities are not liable to pay superannuation guarantee charge. (2) However, subject to this Act and to such modifications…
Section 5A — Application of Act to Commonwealth authorities
(1) In this section: Commonwealth authority means an authority or body that is established by or under a law of the Commonwealth. (2) If: (a) a law, or a provision of a law, passed before the…
Section 5B — Jurisdiction etc. of the Fair Work Commission not affected
(1) To avoid doubt, but subject to subsection (2), nothing in this Act (other than Part 3A) or in the Superannuation Guarantee Charge Act 1992 affects: (a) the jurisdiction, functions or powers of…
Section 5C — Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Section 6 — Interpretation—general
(1) In this Act, unless the contrary intention appears: actuary means a Fellow or Accredited Member of The Institute of Actuaries of Australia. administration component, in relation to an employer…
Section 6A — Interpretation: defined benefit superannuation scheme
(1) Subject to subsection (2), a defined benefit superannuation scheme is a scheme under which: (a) one or more members of the scheme are entitled, on retirement, to be paid a benefit defined, wholly…
Section 6AA — Interpretation: defined benefit member
The regulations may prescribe: (a) circumstances in which a member of a superannuation fund is not a defined benefit member for the purposes of this Act, or a provision of this Act; and (b)…
Section 6B — Interpretation: conversion notice
(1) A conversion notice is a written notice by the trustee of a superannuation fund given to the Commissioner stating that the fund, or a particular superannuation scheme embodied in the governing…
Section 7 — Interpretation: complying superannuation fund or scheme
A superannuation fund or scheme is a complying superannuation fund or scheme (as the case may be) in relation to a period for the purposes of this Act if it is a complying superannuation fund in…
Section 7A — Interpretation: complying approved deposit fund
An approved deposit fund is a complying approved deposit fund at a particular time for the purposes of this Act if it is a complying approved deposit fund in relation to the year of income in which…
Section 8 — Interpretation: resident of Australia
A person is a resident of Australia for the purposes of this Act at any time when the person is a resident of Australia for the purposes of the Income Tax Assessment Act 1936.
Section 9 — Interpretation: indexation factor
(1) The indexation factor for a year is whichever is the greater of the following: (a) 1; (b) the number calculated (to 3 decimal places) by dividing the AWOTE amount for the December quarter in the…
Section 10 — Interpretation: benefit certificate
(1) A benefit certificate is a certificate by an actuary relating to one or more specified defined benefit superannuation schemes and specifying the rate, expressed as a percentage, that is, in the…
Section 11 — Interpretation—salary or wages
(1) In this Act, salary or wages includes: (a) commission; and (b) payment for the performance of duties as a member of the executive body (whether described as the board of directors or otherwise)…
Section 12 — Interpretation: employee, employer
(1) Subject to this section, in this Act, employee and employer have their ordinary meaning. However, for the purposes of this Act, subsections (2) to (11): (a) expand the meaning of those terms; and…
Section 12A — Interpretation: references to industrial instruments
(1) In this Act, the following expressions have the same meanings as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009: (a) AWA; (b) collective agreement; (c) ITEA; (d)…
Section 15 — Interpretation: maximum contribution base
(1) The maximum contribution base for a quarter in the 2001-02 year is $27,510. (3) The maximum contribution base for a quarter in any later year is the amount worked out using the formula: (4)…
Section 15A — Interpretation: salary sacrifice arrangements
Salary sacrifice arrangement (1) An arrangement under which a contribution is, or is to be, made to a complying superannuation fund or an RSA by an employer for the benefit of an employee is a salary…
Section 15B — Application of Part to former employees
This Part applies to salary or wages paid to, and contributions for the benefit of, a former employee as if the former employee were an employee of the person who was the former employee’s employer.
Section 15C — Certificates of coverage for international social security agreements
(1) This section applies if a scheduled international social security agreement (within the meaning of section 5 of the Social Security (International Agreements) Act 1999) prevents double coverage…
Section 16 — Charge payable by employer
Superannuation guarantee charge imposed on an employer’s superannuation guarantee shortfall for a quarter is payable by the employer.
Section 17 — Superannuation guarantee shortfall
If an employer has one or more individual superannuation guarantee shortfalls for a quarter, the employer has a superannuation guarantee shortfall for the quarter worked out by adding together: (a)…
Section 19 — Individual superannuation guarantee shortfalls
(1) An employer’s individual superannuation guarantee shortfall for an employee for a quarter is the amount worked out using the formula: where: charge percentage, for an employer for a quarter,…
Section 19A — Limit on shortfall increases arising from failure to comply with choice of fund requirements
(1) Subject to subsections (2) and (3), if the total of the amounts worked out for an employee for a quarter under subsections 19(2A) and (2B) exceeds $500, the total is taken to be $500. (2) If: (a)…
Section 19AA — Employer shortfall exemption certificate
(1) This section applies if the Commissioner has issued an employer shortfall exemption certificate to a person in relation to: (a) an employer of the person; and (b) a quarter in a financial year.…
Section 19AB — Employer shortfall exemption certificate—application and issuing
Application for certificate (1) A person may apply to the Commissioner for the Commissioner to issue a certificate under this section (an employer shortfall exemption certificate) to the person in…
Section 19AC — Employer shortfall exemption certificate—notice of decision
(1) If the Commissioner issues an employer shortfall exemption certificate to a person under section 19AB, the Commissioner must give written notice of the decision to: (a) the person; and (b) the…
Section 20 — Defined benefit schemes—certain cases where members cannot choose another fund
(1) This section applies to an employer in respect of an employee in respect of a defined benefit superannuation scheme for a quarter if the employee is a defined benefit member of the scheme and…
Section 21 — Guidelines for reducing an increase in an individual superannuation guarantee shortfall
(1) The Commissioner must, by legislative instrument, make guidelines that the Commissioner must have regard to when deciding whether or not to make a decision under subsection 19(2E). Note:…
Section 22 — Reduction of charge percentage where contribution made to defined benefit superannuation scheme
(1) This section applies only in relation to defined benefit superannuation schemes. (2) If: (a) a benefit certificate in relation to one or more complying superannuation schemes has effect for the…
Section 23 — Reduction of charge percentage if contribution made to RSA or to fund other than defined benefit superannuation scheme
(1) This section applies only in relation to RSAs and to superannuation funds other than defined benefit superannuation schemes. Reduction of charge percentage where contributions are made by…
Section 23A — Offsetting late payments against charge
(1) A contribution (other than a sacrificed contribution) to a complying superannuation fund or an RSA made by an employer for the benefit of an employee is offset under subsection (3) if: (a) the…
Section 23B — Contributions through an approved clearing house
(1) For the purposes of a provision covered by subsection (2): (a) treat an employer that, at a particular time, pays an amount to an approved clearing house for the benefit of an employee as having…
Section 24 — Certain benefit certificates presumed to be certificates in relation to complying superannuation scheme
(1) Subject to subsection (4), a benefit certificate that has effect in relation to a superannuation scheme (being a scheme to which an employer has contributed for the benefit of an employee) for…
Section 25 — Certain contributions presumed to be contributions to complying superannuation fund
(1) Subject to subsection (2), a contribution by an employer for the benefit of an employee to a superannuation fund is conclusively presumed to be a contribution to a complying superannuation fund…
Section 26 — Certain periods not to count as periods of employment
(1) Any period in respect of which the only salary or wages paid by an employer to an employee are excluded salary or wages is not, for the purposes of section 22 or 23, to be taken into account as a…
Section 27 — Salary or wages: general exclusions
The following salary or wages are not to be taken into account for the purpose of making a calculation under section 19: (b) salary or wages paid to an employee who is not a resident of Australia for…
Section 28 — Salary or wages: excluded earnings of young persons
Salary or wages paid to a part-time employee who is under 18 are not to be taken into account for the purpose of making a calculation under section 19.
Section 29 — Salary or wages: excluded earnings of members of Reserves
If an employee receives income that is exempt from income tax under item 1.4 of the table in section 51-5 of the Income Tax Assessment Act 1997, that income is not to be taken into account for the…
Section 30 — Arrangements to avoid payment of superannuation guarantee charge
If: (a) an employer makes an arrangement; and (b) as a result of the arrangement the employer’s superannuation guarantee shortfall for a quarter is reduced; and (c) in the Commissioner’s opinion the…
Section 31 — Nominal interest component
The nominal interest component in relation to an employer for a quarter is the amount that would accrue by way of interest on the total of the employer’s individual superannuation guarantee…
Section 32 — Administration component
(1) An employer’s administration component for a quarter is the amount worked out using the formula: where: base amount is the amount (if any) prescribed in the regulations. N is the number of…
Section 32A — Purpose of Part
This Part sets out the circumstances in which contributions are made in compliance with the choice of fund requirements. This is important because an employer’s individual superannuation guarantee…
Section 32CA — Certain contributions taken not to satisfy the choice of fund requirements
Despite section 32C, a contribution to a fund by an employer for the benefit of an employee is taken not to comply with the choice of fund requirements if the employer imposes a direct cost or charge…
Section 32FA — Employer may refuse to accept certain chosen funds
(1) An employer may refuse to accept the fund chosen by an employee under section 32F and notified under paragraph 32F(1)(a) if the employee does not provide, together with the notice: (a) a written…
Section 32NA — When a standard choice form does not have to be provided
(1) An employer is not required under section 32N to give an employee a standard choice form if the employee has chosen a fund under section 32F by the time specified in subsection 32N(1), (2), (3)…