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 B - Individual superannuation guarantee amounts arise if qualifying earnings are paid etc.  

SECTION 17C   ISSUING AN EXEMPTION CERTIFICATE  

Issuing of certificate

17C(1)    
The Commissioner may, on application by an employee, issue a certificate (an employer shortfall exemption certificate ) to the applicant for:

(a)    a specified employer of the applicant at the time the application is made; and

(b)    a specified period ending at the end of a specified financial year;

if the Commissioner is satisfied of the matters in subsection (2).

17C(2)    
The matters are that:

(a)    if the certificate is not issued, the applicant is likely to have excess concessional contributions for that financial year (whether or not issuing the certificate would prevent that result); and

(b)    if the certificate is issued for that period, at least one other employer of the applicant is likely to have an individual superannuation guarantee amount for:

(i) the applicant; and

(ii) a QE day during that financial year;

that is greater than nil; and

(c)    it is appropriate in the circumstances to issue the certificate.

17C(3)    
When considering a matter in subsection (2) , the Commissioner:

(a)    for the matter in paragraph (2)(a) or (b) - must have regard to any other employer shortfall exemption certificate that has been issued, or is proposed to be issued, to the applicant for that financial year; and

(b)    for the matter in paragraph (2)(c) - may have regard to:

(i) the effect that issuing the certificate is likely to have on the applicant ' s concessional contributions for that financial year; and

(ii) any other matter that the Commissioner considers relevant.

Application for certificate

17C(4)    
An application for an employer shortfall exemption certificate:

(a)    must be in the approved form; and

(b)    must specify the employer, period and financial year to be specified in the certificate; and

(c)    must be made at least 30 days before the first day of the period.

Objections and other matters

17C(5)    
A person who is dissatisfied with a decision of the Commissioner under subsection (1) may object against the decision in the manner set out in Part IVC of the Taxation Administration Act 1953 .

17C(6)    
The Commissioner may not vary or revoke an employer shortfall exemption certificate.

17C(7)    
An employer shortfall exemption certificate:

(a)    may be issued after the first day of the period specified in the certificate; and

(b)    is not a legislative instrument.