Superannuation Guarantee (Administration) Act 1992

PART 3 - LIABILITY OF EMPLOYERS OTHER THAN THE COMMONWEALTH AND TAX-EXEMPT COMMONWEALTH AUTHORITIES TO PAY SUPERANNUATION GUARANTEE CHARGE  

Division 2 - Superannuation guarantee charge payable by employers  

Subdivision C - Individual superannuation guarantee shortfalls arise if insufficient timely eligible superannuation contributions are made  

SECTION 18D   EMPLOYER ' S INDIVIDUAL FINAL SUPERANNUATION GUARANTEE SHORTFALL FOR AN EMPLOYEE AND A QE DAY  

18D(1)    
An employer ' s individual final superannuation guarantee shortfall for an employee and a QE day is:

(a)    if the employer ' s individual base superannuation guarantee shortfall for the employee and QE day is nil - nil; or

(b)    otherwise - equal to the amount in subsection (2) .

18D(2)    
The amount is:

Individual base superannuation guarantee shortfall − Eligible contributions relevant for the late period for the QE day

where:

eligible contributions relevant for the late period for the QE day
means so much of an eligible contribution made by the employer for the benefit of the employee as:

(a) is applied under this section for the QE day, and has not been applied under this section for an earlier QE day; and

(b) is applied under this subsection in the order that it is received by the relevant fund, RSA, representative or scheme; and

(c) is so received during the late period for the QE day; and

(d) does not cause the amount resulting from this subsection for the employee and the QE day to be less than nil.