Treasury Laws Amendment (Payday Superannuation) Act 2025 (57 of 2025)

Schedule 1   Amendments

Part 1   Amendment of the Superannuation Guarantee (Administration) Act 1992

Division 2   Other amendments

Superannuation Guarantee (Administration) Act 1992

61   Section 69

Repeal the section, substitute:

69 Repayment of overpayments relating to a shortfall component

(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.

(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.

(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.

(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.

(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).

(6) The Commissioner may revoke a notice described in paragraph (4)(a).

(7) The total of the amounts recovered from different debtors in relation to the same excess must not be more than the excess.

(8) A notice described in paragraph (4)(a) is not a legislative instrument.