Treasury Laws Amendment (Recovering Unpaid Superannuation) Act 2020 (21 of 2020)

Schedule 1   Superannuation guarantee amnesty

Superannuation Guarantee (Administration) Act 1992

11   At the end of section 32

Add:

(2) If:

(a) under section 74, the employer qualifies for an amnesty in relation to part of the employer's superannuation guarantee shortfall for the quarter; and

(b) that shortfall includes one or more individual superannuation guarantee shortfalls for employees ( newly included employees ) for the quarter that would not have been so included if the information in the disclosure that gave rise to the amnesty were not taken into account; and

(c) any assessment of the employer's superannuation guarantee shortfall for the quarter that was made before the employer qualified for the amnesty did not take into account an individual superannuation guarantee shortfall for newly included employees for the quarter;

in working out under subsection (1) the employer's administration component for the quarter, the employer is taken not to have an individual superannuation guarantee shortfall for any of the newly included employees for the quarter.

(3) Despite subsection (1), an employer's administration component 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) an assessment of the employer's superannuation guarantee shortfall for the quarter has not been made (or taken to have been made) under Part 4 before the employer qualified for the amnesty.