PART 3
-
LIABILITY OF EMPLOYERS OTHER THAN THE COMMONWEALTH AND TAX-EXEMPT COMMONWEALTH AUTHORITIES TO PAY SUPERANNUATION GUARANTEE CHARGE
SECTION 21
GUIDELINES FOR REDUCING AN INCREASE IN AN INDIVIDUAL SUPERANNUATION GUARANTEE SHORTFALL
21(1)
The Commissioner must, by legislative instrument, make guidelines that the Commissioner must have regard to when deciding whether or not to make a decision under subsection
19(2E)
.
Note:
Subsection
19(2E)
allows the Commissioner to reduce (including to nil) the amount of an increase in an individual superannuation guarantee shortfall under subsection
19(2A)
or
(2B)
.
[
CCH Note:
Superannuation Guarantee (Administration)
-
Choice of Fund
-
Written Guidelines for the Reduction of an Increase in an Employer
'
s Individual Superannuation Guarantee Shortfall Determination 2021
(F2021L01453 registered 22/10/2021), effective from 1 November 2021, contains the guidelines for the purposes of s 21(1). The determination replaces and repeals
Superannuation Guarantee (Administration) Act 1992
-
Written Guidelines for the Reduction of an Increase in an Employer's Individual Superannuation Guarantee Shortfall
(F2006L01821) registered on 15 June 2006.]
History
S 21(1) amended by No 46 of 2021, s 3 and Sch 1 item 4, by substituting
"
must, by legislative instrument, make guidelines that the Commissioner
"
for
"
must develop written guidelines that he or she
"
, effective 23 June 2021 and applicable in relation to an employee
'
s employment by an employer if that employment starts on or after 1 November 2021. No 46 of 2021, s 3 and Sch 1 item 25 contains the following saving provision:
25 Saving
-
guidelines for reducing an increase in an individual superannuation guarantee shortfall
25
An instrument made under subsection
21(1)
of the
Superannuation Guarantee (Administration) Act 1992
that is in force immediately before the commencement of this Schedule continues in force (and may be dealt with) as if it had been made under subsection
21(1)
of that Act as amended by this Schedule.
21(2)
The Commissioner must, by legislative instrument, make guidelines that the Commissioner must have regard to when deciding whether or not to make a decision under subsection
19(2F)
.
Note:
Subsection
19(2F)
allows the Commissioner to reduce (including to nil) the amount of an individual superannuation guarantee shortfall when a fund that has been notified as the stapled fund for an employee is unable to accept contributions.
[
CCH Note:
Superannuation Guarantee (Administration)
-
Stapled Fund
-
Guidelines for the Reduction of an Employer
'
s Individual Superannuation Guarantee Shortfall for Late Contributions Due to Non-acceptance by Notified Stapled Fund Determination 2021
(F2021L01451 registered 22/10/2021), effective from 1 November 2021, contains the guidelines for the purposes of s 21(2).]
History
S 21(2) substituted by No 46 of 2021, s 3 and Sch 1 item 5, effective 23 June 2021 and applicable in relation to an employee
'
s employment by an employer if that employment starts on or after 1 November 2021. S 21(2) formerly read:
21(2)
The guidelines are to be made available for inspection on the internet.
S 21(2) amended by No 8 of 2010, s 3 and Sch 5 item 137, by substituting
"
internet
"
for
"
Internet
"
(wherever occurring), effective 1 March 2010.
S 21 inserted by No 102 of 2004, s 3 and Sch 1 item 15E, effective 1 July 2005.
Former s 21 repealed by No 51 of 2002, s 3 and Sch 1 item 51, effective 1 July 2003. For application and transitional provisions, see note under s 5(3). S 21 formerly read:
SECTION 21 CHARGE PERCENTAGE FOR A PERSON WHO WAS NOT AN EMPLOYER FOR THE WHOLE OF THE 1991-92 YEAR
21(1)
This section applies to a person who was not an employer for the whole of the 1991-92 year.
21(2)
The base year for a person to whom this section applies is the first year commencing on or after 1 July 1992 in which the person is an employer for the whole of the year.
21(3)
The employer
'
s charge percentage for a contribution period in a year in the period up to and including the base year is the number specified in the following table in relation to that year:
|
Year
|
Percentage
|
| 1992
-
93 |
3 |
| 1993
-
94 |
3 |
| 1994
-
95 |
4 |
| 1995
-
96 |
5 |
| 1996
-
97 |
6 |
| 1997
-
98 |
6 |
| 1998
-
99 |
7 |
| 1999
-
2000 |
7 |
| 2000
-
01 |
8 |
| 2001
-
02 |
8 |
| 2002
-
03 and subsequent years |
9 |
21(4)
If the employer
'
s annual national payroll for the base year exceeds $1,000,000, the employer
'
s charge percentage for a contribution period in a subsequent year specified in the following table is the number specified in that table in relation to that year:
|
Year
|
Percentage
|
| 1992
-
93 |
4 |
| 1993
-
94 |
5 |
| 1994
-
95 |
5 |
| 1995
-
96 |
6 |
| 1996
-
97 |
6 |
| 1997
-
98 |
6 |
| 1998
-
99 |
7 |
| 1999
-
2000 |
7 |
| 2000
-
01 |
8 |
| 2001
-
02 |
8 |
| 2002
-
03 and subsequent years |
9 |
21(5)
If the employer
'
s annual national payroll for the base year does not exceed $1,000,000, the employer
'
s charge percentage for a contribution period in a subsequent year specified in the table in subsection (3) is the number specified in that table in relation to that year.
21(6)
This section has effect subject to sections 22 and 23.
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