Taxation Laws Amendment Act 1994 (56 of 1994)

Part 4   AMENDMENT OF THE SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992

Division 2   Liability of Commonwealth authorities

91   Insertion of new section

The following section is inserted at the end of Part 1 of the Principal Act:

Application of Act to Commonwealth authorities

"5A. (1) In this section:

'Commonwealth authority' means an authority or body that is established by or under a law of the Commonwealth.

"(2) If:

(a) a law, or a provision of a law, passed before the commencement of this section purports to exempt a Commonwealth authority from liability to pay:

(i) taxes under the laws of the Commonwealth; or

(ii) certain taxes under the laws of the Commonwealth; and

(b) apart from this subsection, the exemption would apply to superannuation guarantee charge;

that law or provision is taken, for the year beginning on 1 July 1993 and for all later years, not to have exempted, or not to exempt, that authority from liability to pay the charge.

"(3) If:

(a) a law, or a provision of a law, passed after the commencement of this section purports to exempt a Commonwealth authority from liability to pay:

(i) taxes under the laws of the Commonwealth; or

(ii) certain taxes under the laws of the Commonwealth; and

(b) apart from this subsection, the exemption would apply to superannuation guarantee charge;

the law or provision is not taken, for the year beginning on 1 July 1993 or for any later year, to have exempted, or to exempt, the authority from liability to pay the charge unless the law or provision expressly exempts the authority from liability to pay the charge.".