Superannuation Contributions Tax (Assessment and Collection) Act 1997

PART 3 - ASSESSMENT AND COLLECTION OF SURCHARGE AND ADVANCE INSTALMENTS

SECTION 24 OBJECTIONS AGAINST ASSESSMENTS

24(1) Member or superannuation provider may object against assessment.

If:

(a) an assessment of surcharge on a member ' s surchargeable contributions is made; and

(b) the member, or a superannuation provider who is the holder of the contributions, is dissatisfied with the assessment;

the member or provider may object against the assessment in the way set out in Part IVC of the Taxation Administration Act 1953 .

24(2) Superannuation provider may object against class of assessments.

An objection made by a superannuation provider may relate to all the assessments included in a class of assessments. A decision on the objection is taken to be a single decision for the purpose of calculating any fee payable in respect of lodging a reference or appeal in respect of the decision.

24(3) Matters on which Commissioner may rely in deciding an objection.

In making a decision on the objection in so far as the objection relates to the calculation of the member ' s adjusted taxable income, the Commissioner is entitled to rely on:

(a) the latest assessment of the member ' s taxable income under the Income Tax Assessment Act; and

(b) the latest statement of the member ' s surchargeable contributions given to the Commissioner by the superannuation provider.

View history note

History

S 24(3) amended by No 13 of 2018, s 3 and Sch 1 item 52, by substituting the note, effective 6 March 2018. No 13 of 2018, s 3 and Sch 1 item 58 contains the following application provision:

58 Application of amendments
(1)
The amendments apply on and after the day that is:

(a) the day specified under subitem (2); or

(b) if no such day is specified - the day that is 12 months after the day (the Part 3 application day ) on and after which the amendments made by Part 3 apply.
Note:

For the application of the amendments made by Part 3: see item 44.

(2)
The Minister may, by notifiable instrument, specify a day for the purposes of paragraph (1)(a). The day must not be:

(a) earlier than the Part 3 application day; or

(b) later than 12 months after the Part 3 application day.

(3)
If the day specified under subitem (2) is the Part 3 application day, the amendments made apply on and from the time immediately after the start of the Part 3 application day.

The note formerly read:

Note:

If a member is dissatisfied with an assessment in so far as it relates to the calculation of the member ' s surchargeable contributions, as based on an amount or amounts set out in a statement given to the Commissioner by a superannuation provider under section 13, the member may make a complaint:

(a) under the AFCA scheme (within the meaning of Chapter 7 of the Corporations Act 2001 ), but not before the authorisation of the scheme comes into force; or

(b) under section 15CA of the Superannuation (Resolution of Complaints) Act 1993 , but not on or after the day on or after which complaints cannot be made because of section 14AB of that Act;

about the unfairness or unreasonableness of the superannuation provider ' s decision to set out the amount or any of the amounts in the statement.

S 24(3) amended by No 13 of 2018, s 3 and Sch 1 item 19, by substituting the note, effective 6 March 2018 and applicable on and after the day on which the first authorisation of an external dispute resolution scheme, under Part 7.10A of the Corporations Act 2001 , comes into force. The note formerly read:

Note:

If a member is dissatisfied with an assessment in so far as it relates to the calculation of the member ' s surchargeable contributions, as based on an amount or amounts set out in a statement given to the Commissioner by a superannuation provider under section 13, the member may make a complaint to the Superannuation Complaints Tribunal under section 15CA of the Superannuation (Resolution of Complaints) Act 1993 about the unfairness or unreasonableness of the superannuation provider ' s decision to set out the amount or any of the amounts in the statement.

Note:

If a member is dissatisfied with an assessment in so far as it relates to the calculation of the member ' s surchargeable contributions, as based on an amount or amounts set out in a statement given to the Commissioner by a superannuation provider under section 13 , the member may make a complaint under the AFCA scheme (within the meaning of the Corporations Act 2001 ) about the unfairness or unreasonableness of the superannuation provider ' s decision to set out the amount or any of the amounts in the statement.

View history note