Superannuation Guarantee (Administration) Act 1992

PART 2 - EXPLANATION OF TERMS USED IN THE ACT  

SECTION 6B   INTERPRETATION: CONVERSION NOTICE  

6B(1)   [Conversion notice]  

A conversion notice is a written notice by the trustee of a superannuation fund given to the Commissioner stating that the fund, or a particular superannuation scheme embodied in the governing rules of the fund, is to be treated as a defined benefit superannuation scheme for the purposes of this Act.

6B(2)   [Revocation notice]  

Subject to subsection (4), a conversion notice takes effect in relation to the fund or scheme on the day specified in the notice. Subject to subsection (4), the trustee may, by written notice ( revocation notice ) given to the Commissioner, revoke the conversion notice.

6B(3)   [Timing of effect]  

A conversion notice may be expressed to take effect on a day that is not earlier than:

(a) if the notice is given before 15 May in a quarter starting on 1 April - 1 January in the previous quarter; or

(b) if the notice is given before 15 August in a quarter starting on 1 July - 1 April in the previous quarter; or

(c) if the notice is given before 15 November in a quarter starting on 1 October - 1 July in the previous quarter; or

(d) if the notice is given before 15 February in a quarter starting on 1 January - 1 October in the previous quarter; or

(e) in any other case - the first day of the quarter in which the notice is given.

6B(4)   [Precondition]  

A conversion notice or a revocation notice will not be effective unless, before it is given, the trustee gives each employer contributing to the fund or scheme for the benefit of employees written notice of:

(a) the trustee's intention to give the notice; and

(b) the proposed date of effect of the notice.

6B(5)   [Notice to employer]  

If an employer begins contributing to a superannuation fund or a superannuation scheme for the benefit of employees at a time when a conversion notice has effect in relation to the fund or scheme, the trustee must give the employer written notice of:

(a) the giving of the conversion notice; and

(b) the date of effect of the notice;

within 30 days of the receipt by the trustee of the employer's first contribution.

6B(6)   [Manner of giving notice]  

A notice under this section may be given by post.