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 59 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 . S 59 formerly read:

SECTION 59 FAILURE TO PROVIDE STATEMENTS OR INFORMATION  
59(1)
If an employer other than a government body refuses or fails to provide, when and as required under this Act, a superannuation guarantee statement or information relevant to assessing the employer ' s liability to pay superannuation guarantee charge for a quarter, the employer is liable to pay, by way of penalty, additional superannuation guarantee charge equal to double the amount of superannuation guarantee charge payable by the employer for the quarter.

 View history note

 Hide history note

History

S 59(1) amended by No 51 of 2002, s 3 and Sch 1 item 154, by substituting " quarter " for " year " (wherever occurring), effective 1 July 2003. For application and transitional provisions, see note under s 5(3).

59(2)
An employer liable to pay superannuation guarantee charge for a quarter must:
(a) keep a record in relation to the quarter containing details of the basis of calculation of the following amounts:

(i) (Repealed by No 51 of 2002)

(ii) the individual superannuation guarantee shortfalls of the employer for the quarter;

(iii) the employer ' s nominal interest component for the quarter;

(iv) the employer ' s administration component for the quarter;

that were specified in a superannuation guarantee statement under section 33 or a statement under section 34; or
(b) produce to the Commissioner, when and as required by the Commissioner under this Act, a document containing details of the basis of calculation of the amounts referred to in paragraph (2)(a) that were specified in a superannuation guarantee statement under section 33 or a statement under section 34.

 View history note

 Hide history note

History

S 59(2) amended by No 51 of 2002, s 3 and Sch 1 items 155 to 158, by substituting " for a quarter " for " in relation to a year " , substituting " the quarter " for " the year " in para (a), repealing para (a)(i) and substituting " for the quarter " for " for the year " in para(a)(ii), (iii) and (iv), effective 1 July 2003. For application and transitional provisions, see note under s 5(3). Para (a)(i) formerly read:

(i) the employer ' s annual national payroll for the employer ' s base year;

S 59(2) substituted by No 91 of 2000, s 3 and Sch 2 item 62, effective 1 July 2000. S 59(2) formerly read:

59(2)
If an employer liable to pay superannuation guarantee charge in relation to a year:

(a) fails to keep a record in relation to the year containing details of the basis of calculation of the following amounts:

(i) the employer ' s annual national payroll for the employer ' s base year;

(ii) the individual superannuation guarantee shortfalls of the employer for the year;

(iii) the employer ' s nominal interest component for the year;

(iv) the employer ' s administration component for the year;

that were specified in a superannuation guarantee statement under section 33 or a statement under section 34 ; or

(b) refuses or fails to produce to the Commissioner, when and as required by the Commissioner under this Act, a document containing details of the basis of calculation of the amounts referred to in paragraph (2)(a) that were specified in a superannuation guarantee statement under section 33 or a statement under section 34 ;

the employer is liable to pay, by way of penalty, additional superannuation guarantee charge equal to double the amount of superannuation guarantee charge payable by the employer for the year.

Sch 2 of No 91 of 2000 contains the following transitional provision:

Transitional - existing RBAs  
129
Although the A New Tax System (Pay As You Go) Act 1999 repealed subsection 8AAZL(3) of the Taxation Administration Act 1953 , special priority credits referred to in that subsection are to continue to be applied in accordance with that subsection.

59(3)
If the amount of additional superannuation guarantee charge that would, but for this subsection, be payable under subsection (1) or (2) is less than $ 20, the additional superannuation guarantee charge payable is $ 20.