SCHEDULE 1
-
COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES
History
Sch 1 inserted by No 178 of 1999 (as amended by No 179 of 1999 and No 44 of 2000).
Note: See section
3AA
.
Chapter 4
-
Generic assessment, collection and recovery rules
History
Ch 4 heading inserted by
No 73 of 2006
, s 3 and Sch 5 item 42, effective 1 July 2006.
PART 4-25
-
CHARGES AND PENALTIES
History
Pt 4-25 heading substituted by
No 32 of 2006
, s 3 and Sch 3 item 11, applicable in relation to conduct engaged in on or after 6 April 2006. The heading formerly read:
PART 4-25
-
CHARGES AND ADMINISTRATIVE PENALTIES FOR FAILING TO MEET OBLIGATIONS
Pt 4-25 (heading) substituted by No 101 of 2004.
Pt 4-25 inserted by No 179 of 1999.
Division 288
-
Miscellaneous administrative penalties
History
Div 288 heading substituted by No 91 of 2000.
Div 288 inserted by No 179 of 1999.
SECTION 288-110
CONTRAVENTION OF SUPERANNUATION DATA AND PAYMENT REGULATION OR STANDARD
Liability to penalty
-
RSA providers and trustees of eligible superannuation entities
288-110(1)
An entity is liable to an administrative penalty if the entity contravenes:
(a)
subsection
34M(1)
of the
Superannuation Industry (Supervision) Act 1993
; or
(b)
subsection
45D(1)
of the
Retirement Savings Accounts Act 1997
.
288-110(2)
An entity is liable to an administrative penalty if the entity contravenes:
(a)
subsection
34P(6)
of the
Superannuation Industry (Supervision) Act 1993
; or
(b)
subsection
45F(6)
of the
Retirement Savings Accounts Act 1997
.
Liability to penalty
-
employers
288-110(3)
An entity is liable to an administrative penalty if the entity contravenes:
(a)
subsection
34N(1)
of the
Superannuation Industry (Supervision) Act 1993
; or
(b)
subsection
45E(1)
of the
Retirement Savings Accounts Act 1997
.
288-110(4)
An entity is liable to an administrative penalty if the entity contravenes:
(a)
subsection
34Q(6)
of the
Superannuation Industry (Supervision) Act 1993
; or
(b)
subsection
45G(6)
of the
Retirement Savings Accounts Act 1997
.
Amount of the penalty
288-110(5)
The amount of the penalty is:
(a)
for an administrative penalty under subsection (1) or (3)
-
4 penalty units; or
(b)
for an administrative penalty under subsection (2) or (4)
-
10 penalty units.
Note:
The Commissioner is required to notify you of an administrative penalty: see section
298-10
.
History
S 288-110 inserted by No 91 of 2012, s 3 and Sch 1 item 3, effective 29 June 2012. No 91 of 2012 (as amended by No 158 of 2012 and No 110 of 2014), s 3 and Sch 1 Pt 4 contains the following application provision:
Part 4
-
Application provision
20 Application of amendments
(1)
The amendments made apply in relation to:
(a)
a trustee of an eligible superannuation entity; or
(b)
an RSA provider;
in relation to conduct that occurs on or after 1 July 2013.
(1A)
Subject to subitems (2), (3) and (3A), the amendments made by this Schedule apply in relation to an entity that is an employer in relation to conduct that occurs on or after 1 July 2015.
History
S 20(1A) inserted by No 110 of 2014, s 3 and Sch 5 item 144, effective 1 July 2014.
(2)
The amendments made apply in relation to an entity that is a medium to large employer on 1 July 2014 in relation to conduct that occurs on or after 1 July 2014.
(3)
The amendments made apply in relation to an entity that is a small employer on 1 July 2014 in relation to conduct that occurs on or after:
(a)
if paragraph (b) does not apply
-
1 July 2015; or
(b)
if the regulations prescribe a day after 1 July 2015 for the purposes of this paragraph
-
that day.
(3A)
The amendments made by this Schedule apply in relation to an entity in relation to conduct that occurs on or after a day (the
test day
) in the period beginning on 2 July 2014 and ending on 30 June 2015 if:
(a)
neither subitem (2) nor (3) applies to the entity; and
(b)
the entity starts to be an employer on the test day; and
(c)
at a time on the test day, the entity is a medium to large employer.
History
S 20(3A) inserted by No 110 of 2014, s 3 and Sch 5 item 145, effective 1 July 2014.
(4)
In this item:
medium to large employer
, at a particular time, means an employer that employs 20 or more employees at that time.
small employer
, at a particular time, means an employer that employs fewer than 20 employees at that time.
(5)
For the purpose of calculating the number of employees employed by an employer at a particular time, count all employees employed by the employer at that time.
(6)
The Governor-General may make regulations prescribing matters:
(a)
required or permitted to be prescribed; or
(b)
necessary or convenient to be prescribed for carrying out or giving effect.