Superannuation Guarantee (Administration) Act 1992

PART 7 - PENALTY FOR LATE OR NON-PAYMENT OF SUPERANNUATION GUARANTEE CHARGE  

SECTION 59C   PENALTY FOR FAILING TO PAY UNPAID SUPERANNUATION GUARANTEE CHARGE SPECIFIED IN THE NOTICE  

59C(1)    
The employer is liable to pay a penalty if the employer fails to pay the amount specified in the current notice during the current notice payment period.

59C(2)    
The amount of the penalty is equal to a percentage of so much of the specified amount as remains unpaid at the end of the current notice payment period. The percentage is as follows:

Percentage used to work out the amount of the penalty
Item	If:	the percentage is:
1	a determination is made under subsection 18C(4) covering the employer for any part of the period: (a) starting on the imposition day (see subsection 59A(1) ); and (b) ending on the last day of the current notice payment period	0%.
2	(a) item 1 does not apply; and (b) the employer has become liable under subsection (1) for a penalty that is greater than nil for an earlier notice during the 24-month period ending on the day after the end of the current notice payment period	50%.
3	neither item 1 nor 2 applies	25%.

Note:

Determinations under subsection 18C(4) cover employers affected by exceptional circumstances. The determination may cover an employer for a period starting before the determination is made.