Superannuation Guarantee (Administration) Act 1992

Pt 7 substituted by No 57 of 2025, s 3 and Sch 1 item 16, effective 1 July 2026. For application and transitional provisions, see note under s 16 . Pt 7 formerly read:

PART 7 - ADDITIONAL SUPERANNUATION GUARANTEE CHARGE

Pt 7 heading substituted by No 51 of 2002, s 3 and Sch 1 item 153, effective 1 July 2003. For application and transitional provisions, see note under s 5(3). The heading formerly read:

PART 7 - PENALTY CHARGE

S 60 repealed by No 57 of 2025, s 3 and Sch 1 item 16, effective 1 July 2026. For application and transitional provisions, see note under s 16 . S 60 formerly read:

SECTION 60 AMNESTY FROM LIABILITY TO PAY ADDITIONAL SUPERANNUATION GUARANTEE CHARGE  
60(1)
If:
(a) under section 74, an employer qualifies for an amnesty in relation to part of the employer ' s superannuation guarantee shortfall for a quarter; and
(b) any assessment made under section 62, before the employer qualified for the amnesty, of the additional superannuation guarantee charge payable by the employer for the quarter did not take into account the extent of the increase in the shortfall as a result of the disclosure of information that gave rise to the amnesty;

in working out under section 59 the employer ' s liability to pay additional superannuation guarantee charge, the amount of the superannuation guarantee charge payable by the employer for the quarter is reduced by the extent to which the employer qualifies for the amnesty for the quarter.

60(2)
Despite section 59 , an employer ' s liability to pay additional superannuation guarantee charge under this Part for a quarter is nil if:
(a) under section 74, the employer qualifies for an amnesty in relation to the whole of the employer ' s superannuation guarantee shortfall for the quarter; and
(b) the Commissioner has not, before the employer qualified for the amnesty, made an assessment under section 62 of the additional superannuation guarantee charge payable by an employer under this Part for the quarter.

S 60 inserted by No 21 of 2020, s 3 and Sch 1 item 12, effective 24 May 2018.

Former s 60 repealed by No 91 of 2000, s 3 and Sch 2 item 63, effective 1 July 2000. S 60 formerly read:

SECTION 60 FALSE OR MISLEADING STATEMENTS  
60(1)
If:

(a) an employer other than a government body:

(i) makes a statement that is false or misleading in a material particular to:

(A) a taxation officer; or

(B) a person other than a taxation officer for a purpose connected with this Act; or

(ii) omits from a statement made to:

(A) a taxation officer; or

(B) a person other than a taxation officer for a purpose connected with this Act;

anything without which the statement is misleading in a material particular; and

(b) the superannuation guarantee charge properly payable by the employer exceeds the superannuation guarantee charge that would have been payable by the employer if it were assessed on the basis that the statement were not false or misleading;

the employer is liable to pay, by way of penalty, additional superannuation guarantee charge equal to double the amount of the excess referred to in paragraph (b).

60(2)
If the amount of additional superannuation guarantee charge that would, but for this subsection, be payable under subsection (1) is less than $ 20, the additional superannuation guarantee charge payable is $ 20.

60(3)
A reference in this section to a statement made to a taxation officer is a reference to a statement made to a taxation officer orally, in writing, in a data processing device or in any other form and, for example, includes a statement:

(a) made in an objection, statement or other document lodged, given or prepared, or purporting to be lodged, given or prepared under this Act; and

(b) made in answer to a question asked of a person under this Act; and

(c) made in any information provided, or purporting to be provided, under this Act; and

(d) made in a document provided to a taxation officer otherwise than under this Act.

60(4)
A reference in this section to a statement made to a person other than a taxation officer for a purpose connected with this Act is a reference to a statement made orally, in writing, in a data processing device or in any other form and, for example, includes a statement:

(a) made in an objection, statement or other document lodged with, given to or prepared for the person; and

(b) made in answer to a question asked by the person; and

(c) made in any information provided to the person.

Sch 2 of No 91 of 2000 contains the following transitional provision:

Transitional - existing RBAs  
129
Although the A New Tax System (Pay As You Go) Act 1999 repealed subsection 8AAZL(3) of the Taxation Administration Act 1953 , special priority credits referred to in that subsection are to continue to be applied in accordance with that subsection.