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  • Clearing house terms and conditions of use and access

    Terms of use

    The Australian Taxation Office (ATO) provides the Small Business Superannuation Clearing House (SBSCH) service. It is a free online service that helps eligible Australian small businesses, and eligible Withholding Payer Number (WPN) holders to meet their super guarantee obligations. Users can send their employees’ super contributions to a single destination – the SBSCH, which distributes them to the employees’ nominated super funds.

    The following terms and conditions apply to the use of the SBSCH service.

    1. You must register with the SBSCH to use the service.
    2. Australian small businesses, or WPN holders, with 19 or fewer employees, or with an annual aggregated turnover of less than $10 million, are eligible to use the SBSCH service. You must be eligible to use the SBSCH service:  
      1. at the time you register to use the service
      2. each time you use the service.
    3. Access to the SBSCH is through the ATO’s portals (Business Portal, Tax Agent Portal, and BAS Agent Portal) and ATO Online. You are responsible for establishing and maintaining access to these services.
    4. You will be responsible for the actions of persons using your access to the SBSCH service.
    5. Access and use of the SBSCH service is monitored, and the SBSCH may suspend or revoke a user’s access to the service at any time if it considers it appropriate to do so.
    6. Information provided to the SBSCH is treated in accordance with the Privacy Act 1988. The Clearing house privacy page describes how the SBSCH intends to use and disclose the information collected by it. You should provide the employee privacy note to your employees whose information you provide to the SBSCH.
    7. You are responsible for ensuring that the information you provide to the SBSCH is accurate. The SBSCH is not responsible for errors or issues that result from incorrect information provided by you.
    8. The SBSCH will, as your agent and in accordance with your payment instructions:
      1. send the employee super contribution payments it has accepted from you to the nominated super funds
      2. send the corresponding payment details to (or make that information available to) those nominated super funds.
    9. Your super guarantee obligation is discharged when payment of the correct super guarantee contribution amount is accepted by the SBSCH on or before the relevant super guarantee payment due date.
    10. Our system is designed to assist you generate a payment instruction and to pay the corresponding amount. If, however, you make a payment to the SBSCH without a corresponding instruction, we will retain the payment for no more than seven (7) business days and remind you to lodge the payment instruction. If you do not lodge the payment instruction within that time, the payment will be returned to you. If the returned payment includes a super guarantee amount, the warranty regarding your super guarantee obligation provided at clause 9 will not apply.
    11. If your super payment to the SBSCH is dishonoured, it will be taken as not having been accepted by the SBSCH. All liability for losses incurred by employees as a result of late or non-payment of monies to a super fund remains with you. If the dishonoured payment includes a super guarantee amount, the warranty regarding your super guarantee obligation provided at clause 9 will not apply.
    12. If a super contribution payment made to a super fund by the SBSCH in accordance with your instructions is returned to the SBSCH by the fund, all liability for losses incurred by the relevant employee as a result of late or non-payment of monies to a super fund remains with you.
    13. The SBSCH may provide your details to super funds to assist in the resolution of problems relating to your super contributions to the super fund.
    14. You can make payments to the SBSCH by BPAY®, credit card or direct credit. You must use the reference number provided by the SBSCH. If using BPAY, you must also use the Biller Code provided by the SBSCH.
    15. While designed as a 24/7 service, the availability of the SBSCH service, and your access to it, is not guaranteed. Functionality is also contingent on services provided by telecommunication bodies and other external factors beyond our control.
    16. Changes to the SBSCH service (and system) may be made at any time. Where possible, updates or changes will be scheduled to occur outside high volume periods (for example super guarantee processing periods). The SBSCH will endeavour to keep you informed and keep changes to a minimum.
    17. The SBSCH will communicate clearing house updates to you by our website. We will also email you directly about matters relating your use of the SBSCH. You are responsible for accessing the notices and information provided to you.
    18. The SBSCH can only be used in accordance with the terms of use that apply at the time of the transaction. Each time you access and use the SBSCH signifies your acceptance of the terms of use.
    19. To the extent permitted by law, the SBSCH is not liable for any claim, loss, liability or expense that you may incur as a result of your use or failure of the SBSCH services.
    20. All references in these terms of use to the SBSCH include references to the Australian Government, the Australian Taxation Office and other Commonwealth bodies from time to time responsible for its management.
    21. These terms of use are governed by, and are to be construed in accordance with, the laws for the time being in force in the Australian Capital Territory.
      Last modified: 21 Feb 2018QC 38560