Superannuation Guarantee (Administration) Act 1992

Pt 7 substituted by No 57 of 2025, s 3 and Sch 1 item 16, effective 1 July 2026. For application and transitional provisions, see note under s 16 . Pt 7 formerly read:

PART 7 - ADDITIONAL SUPERANNUATION GUARANTEE CHARGE

Pt 7 heading substituted by No 51 of 2002, s 3 and Sch 1 item 153, effective 1 July 2003. For application and transitional provisions, see note under s 5(3). The heading formerly read:

PART 7 - PENALTY CHARGE

S 62 repealed by No 57 of 2025, s 3 and Sch 1 item 16, effective 1 July 2026. For application and transitional provisions, see note under s 16 . S 62 formerly read:

SECTION 62 ASSESSMENT OF ADDITIONAL SUPERANNUATION GUARANTEE CHARGE  
62(1)
The Commissioner must make an assessment of the additional superannuation guarantee charge payable by an employer under this Part and must, as soon as practicable after the assessment is made, give written notice of the assessment to the employer.

62(2)
(Repealed by No 81 of 2016)

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S 62(2) repealed by No 81 of 2016, s 3 and Sch 10 item 85, applicable to documents (however described) that the Commissioner gives on or after 1 July 2017 under taxation laws. S 62(2) formerly read:

62(2)
Nothing in this Act is taken to prevent a notice from being incorporated in a notice of any other assessment made in relation to the employer under this Act.

62(3)
The Commissioner may remit all or part of the additional superannuation guarantee charge payable by an employer under this Part, but, for the purposes of applying subsection 33(1) of the Acts Interpretation Act 1901 to the power of remission conferred by this subsection, nothing in this Act is taken to prevent the exercise of the power at a time before an assessment is made of the additional superannuation guarantee charge.

62(4)
If:

(a) an employer is liable under section 59 to additional superannuation guarantee charge for a quarter that started on or before 1 January 2018; and

(b) there is particular information that is relevant to the amount of the employer ' s superannuation guarantee shortfall for the quarter; and

(c) since the start of the amnesty period, either:

(i) the employer has not disclosed that information to the Commissioner; or

(ii) the employer has disclosed that information to the Commissioner, but only after the Commissioner informed the employer that the Commissioner was examining, or intended to examine, the employer ' s compliance with an obligation to pay the superannuation guarantee charge for the quarter; and

(d) by taking that information into account, the employer ' s superannuation guarantee shortfall for the quarter exceeds what it would be if that information were not taken into account;

to the extent that the additional superannuation guarantee charge relates to that excess, the Commissioner ' s power under subsection (3) of this section to remit the additional superannuation guarantee charge is limited to remitting no more than half of the charge.

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S 62(4) inserted by No 21 of 2020, s 3 and Sch 1 item 13, effective 6 September 2020.

62(5)
However, subsection (4) does not apply if the Commissioner is satisfied that there were exceptional circumstances that prevented the employer from:

(a) disclosing that information to the Commissioner; or

(b) disclosing that information to the Commissioner before the Commissioner informed the employer as mentioned in subparagraph (4)(c)(ii);

as the case requires.

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S 62(5) inserted by No 21 of 2020, s 3 and Sch 1 item 13, effective 6 September 2020.