Superannuation Guarantee (Administration) Act 1992
View history note
Hide history noteIf an amount paid by the Commissioner under a provision of this Part (other than paragraph 65(1)(c) ) exceeds the amount properly payable by the Commissioner under that provision, the party to whom the payment has been made is liable to repay to the Commonwealth the amount of the excess.
[
CCH Note:
S 69 will be substituted by No 57 of 2025, s 3 and Sch 1 item 61, effective 1 July 2026. For application and transitional provisions, see note under s
16
. S 69 will read:
The kinds of persons covered by paragraph
(a)
include a benefitting employee, a superannuation provider, or the trustee of a benefitting employee who has died or who is under any legal or other disability. To find out who can be the benefitting employee
'
s
trustee
for paragraph
(c)
, see section
6
.
SECTION 69 REPAYMENT OF OVERPAYMENTS RELATING TO A SHORTFALL COMPONENT
69(1)
This section applies if the Commissioner pays an amount under a provision of this Part (other than paragraph
65(1)(c)
) exceeding the amount properly payable under that provision.
69(2)
The Commissioner may recover all or part of the excess from a person (the
debtor
) described in subsection
(3)
as a debt due by the debtor to the Commonwealth if the conditions specified in subsection
(4)
are met.
69(3)
The persons from whom the Commissioner may recover are as follows:
(a)
the person to whom the payment was made;
(b)
if:
(i)
the person to whom the payment was made is a superannuation provider of a fund or RSA; and
the superannuation provider for the fund or RSA that currently holds the payment or any of those attributable amounts;
(ii)
there are one or more later transfers of the payment, or of amounts wholly or partly attributable to the payment, to one or more other funds or RSAs;
(c)
the benefitting employee for the payment (or the employee
'
s trustee) if:
(i)
it is not possible to recover all or part of the excess from a person covered by paragraph
(a)
or
(b)
; and
(ii)
the benefitting employee (or the employee
'
s trustee) has received one or more benefits from a fund or RSA that are wholly or partly attributable to the payment.
Note 1:
Note 2:
69(4)
The conditions for recovery are that:
(a) the Commissioner gave the debtor a written notice of the proposed recovery that includes the amount to be recovered and an explanation of the operation of this section; and
(b) at least 28 days have passed since the notice was given; and
(c) the amount recovered is not more than the amount specified in the notice.
69(5)
Despite subsections (2) and (3) :
(a) none of the excess can be recovered from a superannuation provider if none of the provider ' s funds or RSAs currently hold the payment or any amount wholly or partly attributable to the payment; and
(b) the total amount recovered from a benefitting employee (or the employee ' s trustee) because of paragraph (3)(c) must not exceed the total of the benefits received as described in that paragraph.
Note:
The limit in paragraph (b) does not apply if the benefitting employee (or the employee ' s trustee) is the person covered by paragraph (3)(a) .
69(6)
The Commissioner may revoke a notice described in paragraph (4)(a) .
69(7)
The total of the amounts recovered from different debtors in relation to the same excess must not be more than the excess.
69(8)
A notice described in paragraph (4)(a) is not a legislative instrument.
]
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.