REGULATION 10
EMPLOYEE MUST BE NOTIFIED OF CERTAIN SHORTFALL COMPONENTS (ACT S 65)
10(1)
[
Commissioner must give notice]
The Commissioner must give written notice to an employee if the employee's shortfall component exceeds $20.
10(2)
[
Commissioner may give notice]
The Commissioner may give written notice to an employee if the employee's shortfall component is equal to or less than $20.
10(3)
[
Content of notice]
A notice must:
(a)
state the date of the notice; and
(b)
state the name of the employer; and
(c)
state the amount, or the sum of the amounts, of the shortfall component.
10(4)
[
Relevant fund]
A notice may also specify a relevant fund for subregulation
10A(5)
.
10(5)
[
Additional notice]
The Commissioner may give more than 1 notice under this regulation.
History
Reg 10, 10A, 10B, 10C and 10D substituted for reg 10 by SR No 87 of 2001, reg 3 and Sch 1 item 3, effective 10 May 2001. Reg 10 formerly read:
REGULATION 10 NOTIFICATION OF CERTAIN SHORTFALL COMPONENTS
10(1)
The Commissioner:
(a)
if the amount of a shortfall component, or the sum of amounts of shortfall components, in respect of the employee exceeds $20
-
must give a notice in writing to an employee; or
(b)
if that amount, or the sum of those amounts, is $20 or a lesser amount
-
may give a notice in writing to an employee.
10(2)
A notice must include:
(a)
the name of the employer; and
(b)
the amount or the sum of the amounts.
10(3)
Subject to subregulations (4) and (5), after being given notice by the Commissioner, the employee may request in writing the trustees of a complying superannuation fund nominated in the request to collect the amount, or the sum of the amounts, from the Commissioner.
10(4)
If the employee is under 55 and has retired from the workforce because of permanent incapacity or permanent invalidity, the employee must:
(a)
give the Commissioner written notice of the retirement that is signed by the employee and lodged at an office of the Australian Taxation Office; and
(b)
lodge with the notice a copy of a certificate signed by 2 registered medical practitioners certifying that the person is unlikely to be able to work again in a capacity for which he or she is reasonably qualified by education, training or experience.
10(5)
If the employee has died, the legal personal representative of the deceased employee must:
(a)
give the Commissioner written notice of the death that is signed by the legal personal representative and lodged at an office of the Australian Taxation Office; and
(b)
lodge with the notice a copy of the death certificate of the deceased employee.
10(6)
The trustees must:
(a)
give the employee written notice of receipt of the request; and
(b)
specify in the notice the date of its receipt.
Penalty: 5 penalty units.
10(7)
If the trustees decline to comply with the request, the trustees must notify the employee who made the request within 14 days of receipt of the request.
Penalty: 5 penalty units.
10(8)
Subject to subregulation (9), the trustees must lodge the request, or a copy of the request, with the Commissioner at an office of the Australian Taxation Office within:
(a)
14 days of receipt of the request from the employee; or
(b)
such further period of not more than 10 years of notice being given to the employee by the Commissioner under subregulation (1) as the Commissioner allows.
Penalty: 5 penalty units.
10(9)
If the request, or a copy of the request, is not lodged with the Commissioner within 10 years of notice being given to the employee by the Commissioner under subregulation (1), the entitlement of the employee in respect of the benefit of the shortfall component lapses.
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