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 18B   MEANING OF ELIGIBLE CONTRIBUTION - EXCEPTIONS  

18B(1)    
However:

(a)    the presumption in subsection 18A(2) is unavailable for a contribution to a fund if subsection (2) of this section applies on the day the contribution is made; or

(b)    a statement provided as described in paragraph 18A(3)(d) has no effect for a scheme if subsection (2) of this section applies on the QE day.

18B(2)    
This subsection applies on a day if, on that day:

(a)    one of the following subparagraphs applies:

(i) the employer is the trustee or manager of the fund or scheme;

(ii) the employer is an associate of the trustee or manager of the fund or scheme;

(iii) the trustee or manager of the fund or scheme is an associate of the employer; and

(b)    the employer reasonably believes that the fund or scheme:

(i) is not a resident regulated superannuation fund; or

(ii) is operating in contravention of a regulatory provision (within the meaning of section 38A of the Superannuation Industry (Supervision) Act 1993 ).

18B(3)    
Section 39 of the Superannuation Industry (Supervision) Act 1993 applies for the purposes of subparagraph (2)(b)(ii) of this section in a corresponding way to the way that section applies for the purposes of Division 2 of Part 5 of that Act.

Note:

Section 39 of that Act allows certain contraventions to be ignored.