Superannuation Guarantee (Administration) Act 1992
(Repealed by No 57 of 2025)
View history note
Hide history noteS 24 repealed by No 57 of 2025, s 3 and Sch 1 item 12, effective 1 July 2026. For application and transitional provisions, see note under s
16
. S 24 formerly read:
Subject to subsection (4), a benefit certificate that has effect in relation to a superannuation scheme (being a scheme to which an employer has contributed for the benefit of an employee) for the whole or a part of a quarter is, for the purposes of section 22, conclusively presumed, in relation to the employer, to be a certificate that has effect in relation to a complying superannuation scheme for the whole, or that part, as the case may be, of the quarter if:
S 24(1) amended by No 51 of 2002, s 3 and Sch 1 items 117 to 119, by substituting
"
a quarter
"
for
"
a contribution period
"
, substituting
"
the quarter
"
for
"
the contribution period
"
and substituting
"
earlier quarter
"
for
"
earlier contribution period
"
in para (b), effective 1 July 2003. For application and transitional provisions, see note under s 5(3). S 24(1) amended by No 181 of 1994, No 82 of 1993 and No 208 of 1992.
SECTION 24 CERTAIN BENEFIT CERTIFICATES PRESUMED TO BE CERTIFICATES IN RELATION TO COMPLYING SUPERANNUATION SCHEME
24(1)
[Trustee's statement that scheme operated in accordance with fund conditions]
(a)
within 30 days of the starting day in relation to that certificate, the employer obtains a written statement, provided by or on behalf of the trustee of the scheme, that the scheme:
(i)
is a resident regulated superannuation fund within the meaning of the
Superannuation Industry (Supervision) Act 1993
; and
(ii)
is not subject to a direction under section 63 of the
Superannuation Industry (Supervision) Act 1993
; and
(iii)
has not been subject to such a direction at any time since the beginning of the day on which the benefit certificate is expressed to take effect; or
(b)
in an earlier quarter, the employer has obtained a statement of the kind referred to in paragraph (a).
24(2) [Trustee's statement obtained after 30 days of commencement of period]
Subject to subsection (4), a benefit certificate that has effect in relation to a superannuation scheme (being a scheme to which an employer has contributed for the benefit of an employee) for the whole or a part of a quarter is, if the employer obtains a statement of the kind referred to in paragraph (1)(a):
(a) within the quarter; but
(b) later than 30 days after the starting day in relation to that certificate;
for the purposes of section 22, conclusively presumed, in relation to the employer, to be a certificate that has effect in relation to a complying superannuation scheme for the period commencing on the day on which the employer obtains the statement and ending on the last day of the quarter.
S 24(2) amended by No 51 of 2002, s 3 and Sch 1 items 120 to 122, by substituting " a quarter " for " a contribution period " , substituting " the quarter " for " the contribution period " in para (a) and substituting " the quarter " for the " the contribution period " (last occurring), effective 1 July 2003. For application and transitional provisions, see note under s 5(3).
S 24(2) amended by No 82 of 1993 and No 208 of 1992.
24(3)
(Omitted by No 82 of 1993)
24(4) [No presumption if employer has grounds to believe that scheme in breach of conditions]
A presumption relating to a benefit certificate under subsection (1) or (2) is not, in relation to an employer and a superannuation scheme, effective in respect of any period for which the scheme is not a resident regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 or is operating in contravention of a regulatory provision, as defined in section 38A of that Act if, in that period:
(a) the employer:
(i) is the trustee or manager of the scheme; or
(ii) has an association, within the meaning of section 318 of the Income Tax Assessment Act 1936 , with the trustee or the manager of the scheme; and
(b) the employer has reasonable grounds for believing that the scheme is not a resident regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 or is operating in contravention of a regulatory provision, as defined in section 38A of that Act.
S 24(4) amended by No 101 of 2006 , s 3 and Sch 2 item 926, by amending the reference to a repealed inoperative provision in para (a)(ii), effective 14 September 2006. For application and saving provisions see the CCH Australian Income Tax Legislation archive .
S 24(4) amended by No 123 of 2001, s 3 and Sch 1 item 280, by substituting " in contravention of a regulatory provision, as defined in section 38A of that Act " for " while in breach of that Act or regulations under that Act " , effective 11 March 2002.
S 24(4) amended by No 181 of 1994; No 82 of 1993.
24(4A) [Application of s 39 of SIS Act]
Section 39 of the Superannuation Industry (Supervision) Act 1993 applies for the purposes of subsection (4) of this section in a corresponding way to the way in which it applies for the purposes of Division 2 of Part 5 of that Act.
S 24(4A) inserted by No 82 of 1993.
24(5) [ " starting day " ]
In this section:
starting day
means:
(a) in relation to a benefit certificate that has effect in relation to a superannuation scheme for the whole of a quarter - the first day of the quarter; or
(b) in relation to a benefit certificate that has effect in relation to a superannuation scheme for a part of a quarter - the first day in the quarter for which the benefit certificate has effect.
Definition of " starting day " substituted by No 51 of 2002, s 3 and Sch 1 item 123, effective 1 July 2003. For application and transitional provisions, see note under s 5(3). The definition formerly read:
'starting day'
means:
(a) in relation to a benefit certificate that has effect in relation to a superannuation scheme for the whole of a contribution period:
(i) the day on which the contribution period commenced; or
(ii) if the contribution period commenced on 1 July 1992 - the day on which the Taxation Laws Amendment (Superannuation) Act 1992 received the Royal Assent; and
(b) in relation to a benefit certificate that has effect in relation to a superannuation scheme for a part of a contribution period:
(i) the day on which the part of the contribution period commenced; or
(ii) if the contribution period commenced on 1 July 1992 - the day on which the part of the contribution period commenced or the day on which the Taxation Laws Amendment (Superannuation) Act 1992 received the Royal Assent, whichever is the later.
S 24(5) inserted by No 208 of 1992.
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