Superannuation Guarantee (Administration) Act 1992

PART 8 - PAYMENTS OF AMOUNTS OF SHORTFALL COMPONENTS FOR THE BENEFIT OF EMPLOYEES  

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

(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;

the superannuation provider for the fund or RSA that currently holds the payment or any of those attributable amounts;

(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:

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.

Note 2:

To find out who can be the benefitting employee ' s trustee for paragraph (c) , see section 6 .

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.