Superannuation Industry (Supervision) Act 1993
(a) an employee:
(i) quotes or first quotes his or her tax file number after the commencement of this section to his or her employer in connection with the operation or the possible future operation of this Act and the other Superannuation Acts; or
(ii) quotes or first quotes his or her tax file number on or after 1 July 2007 to his or her employer in connection with the operation of Division 3 of Part VA of the Income Tax Assessment Act 1936 ; and
(b) after the employee quotes or first quotes the tax file number, the employer makes a contribution to an eligible superannuation entity for the benefit of the employee; and
(c) the employer has not previously informed a trustee of the entity of the employee ' s tax file number;
the employer must inform a trustee of the entity of the employee ' s tax file number before the required time (see subsection (2)).
The required time is:
(a) if the quotation or first quotation of the tax file number takes place more than 14 days before the employer makes the contribution - the end of the day on which the employer makes the contribution; or
(b) in any other case - the end of the 14th day after the day on which the quotation or first quotation of the tax file number takes place. 299C(3)
The employer commits an offence if the employer contravenes subsection (1). This is an offence of strict liability.
Penalty: 10 penalty units.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
For strict liability , see section 6.1 of the Criminal Code .
A disclosure of the employee ' s tax file number to the employer under section 202CG of the Income Tax Assessment Act 1936 is taken, for the purposes of this section, to be a quotation of the number by the employee to his or her employer in connection with the operation of Division 3 of Part VA of that Act.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.