Superannuation Guarantee (Administration) Act 1992
A conversion notice is a written notice by the trustee of a superannuation fund given to the Commissioner stating that the fund, or a particular superannuation scheme embodied in the governing rules of the fund, is to be treated as a defined benefit superannuation scheme for the purposes of this Act.
[ CCH Note: S 6B(1) will be amended by No 57 of 2025, s 3 and Sch 1 item 31, by substituting " conversion notice " for " conversion notice " , effective 1 July 2026. For application and transitional provisions, see note under s 16 .]
6B(2)
Subject to subsection (4) , a conversion notice takes effect in relation to the fund or scheme on the day specified in the notice. Subject to subsection (4) , the trustee may, by written notice ( revocation notice ) given to the Commissioner, revoke the conversion notice.
6B(3)
A conversion notice may be expressed to take effect on a day that is not earlier than: (a) if the notice is given before 15 May in a quarter starting on 1 April - 1 January in the previous quarter; or (b) if the notice is given before 15 August in a quarter starting on 1 July - 1 April in the previous quarter; or (c) if the notice is given before 15 November in a quarter starting on 1 October - 1 July in the previous quarter; or (d) if the notice is given before 15 February in a quarter starting on 1 January - 1 October in the previous quarter; or (e) in any other case - the first day of the quarter in which the notice is given.
6B(4)
A conversion notice or a revocation notice will not be effective unless, before it is given, the trustee gives each employer contributing to the fund or scheme for the benefit of employees written notice of: (a) the trustee ' s intention to give the notice; and (b) the proposed date of effect of the notice.
[ CCH Note: S 6B(4) will be substituted by No 57 of 2025, s 3 and Sch 1 item 32, effective 1 July 2026. For application and transitional provisions, see note under s 16 . S 6B(4) will read:
]
6B(4)
A conversion notice or a revocation notice will not be effective unless, before it is given, the trustee gives written notice of:
(a) the trustee ' s intention to give the notice; and
(b) the proposed date of effect of the notice;to each employer contributing to the fund or scheme for the benefit of employees as defined benefit members of the fund or scheme.
6B(5)
If an employer begins contributing to a superannuation fund or a superannuation scheme for the benefit of employees at a time when a conversion notice has effect in relation to the fund or scheme, the trustee must give the employer written notice of: (a) the giving of the conversion notice; and (b) the date of effect of the notice;
within 30 days of the receipt by the trustee of the employer ' s first contribution.
[ CCH Note: S 6B(5) will be substituted by No 57 of 2025, s 3 and Sch 1 item 32, effective 1 July 2026. For application and transitional provisions, see note under s 16 . S 6B(5) will read:
]
6B(5)
If, while the conversion notice is in effect, an employer begins contributing to the fund or scheme for the benefit of employees as defined benefit members of the fund or scheme, the trustee must give the employer written notice of:
(a) the giving of the conversion notice; and
(b) the date of effect of the notice;within 7 business days of the receipt by the trustee of the employer ' s first contribution.
6B(6)
A notice under this section may be given by post.
[ CCH Note: S 6B(6) will be repealed by No 57 of 2025, s 3 and Sch 1 item 32, effective 1 July 2026. For application and transitional provisions, see note under s 16 .]
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