Treasury Laws Amendment (Recovering Unpaid Superannuation) Act 2020 (21 of 2020)
Schedule 1 Superannuation guarantee amnesty
Superannuation Guarantee (Administration) Act 1992
13 At the end of section 62
(a) an employer is liable under section 59 to additional superannuation guarantee charge for a quarter that started on or before 1 January 2018; and
(b) there is particular information that is relevant to the amount of the employer's superannuation guarantee shortfall for the quarter; and
(c) since the start of the amnesty period, either:
(i) the employer has not disclosed that information to the Commissioner; or
(ii) the employer has disclosed that information to the Commissioner, but only after the Commissioner informed the employer that the Commissioner was examining, or intended to examine, the employer's compliance with an obligation to pay the superannuation guarantee charge for the quarter; and
(d) by taking that information into account, the employer's superannuation guarantee shortfall for the quarter exceeds what it would be if that information were not taken into account;
to the extent that the additional superannuation guarantee charge relates to that excess, the Commissioner's power under subsection (3) of this section to remit the additional superannuation guarantee charge is limited to remitting no more than half of the charge.
(5) However, subsection (4) does not apply if the Commissioner is satisfied that there were exceptional circumstances that prevented the employer from:
(a) disclosing that information to the Commissioner; or
(b) disclosing that information to the Commissioner before the Commissioner informed the employer as mentioned in subparagraph (4)(c)(ii);
as the case requires.