Superannuation Guarantee (Administration) Act 1992

PART 3A - CHOICE OF FUND REQUIREMENTS  

Division 6 - Standard choice forms  

SECTION 32N   WHEN A STANDARD CHOICE FORM MUST BE PROVIDED  

32N(1)   [Employee on 1 July 2005]  

An employer must give a standard choice form before 29 July 2005 to each employee employed by the employer on 1 July 2005.

Note:

An employer does not have to provide a standard choice form to an existing employee except in the specific circumstances outlined in this section. See also the further exceptions in section 32NA.

32N(2)   [Commencement of employment]  

An employer must give a standard choice form to an employee within 28 days of the employee first commencing employment with the employer.

32N(3)   [Employee request for form]  

An employer must also give a standard choice form to an employee within 28 days of the employee giving the employer a written request to do so. However, a request is taken never to have been made if the employee has been given a standard choice form within the previous 12 months.

32N(4)   [Cessation of available fund]  

An employer must also give a standard choice form to an employee within 28 days of the employer becoming aware that there ceased to be any chosen fund for the employee because of:

(a) subsection 32H(3) (employer unable to contribute to fund); or

(b) subsection 32H(4) (fund ceasing to be eligible choice fund).

32N(5)   [Employer changes fund]  

An employer must also give a standard choice form to an employee if:

(a) the employer is making contributions, in accordance with subsection 32C(2), to a fund for the benefit of the employee; and

(b) the employer changes the fund to which the employer makes contributions, in accordance with that subsection, for the benefit of the employee.

The standard choice form must be given within 28 days after the change.

32N(5A)   [Employer cannot contribute to fund]  

An employer must also give a standard choice form (the updated standard choice form ) to an employee if:

(a) the employer has specified a fund (the employer fund ) in a standard choice form as the fund to which the employer will contribute under subsection 32C(2) in the event of the employee failing to make a choice of fund; and

(b) the employer discovers, after giving an employee the standard choice form, that the employer cannot contribute to the employer fund for the benefit of the employee.

The updated standard choice form must be given within 28 days after the employer first becomes aware that the employer cannot contribute to the employer fund for the benefit of the employee.

32N(6)   [Any other time]  

An employer may also give a standard choice form at any time.