PART 9
-
MISCELLANEOUS
SECTION 79
RECORDS TO BE KEPT AND RETAINED BY EMPLOYERS
79(1)
An employer must keep records that record and explain all transactions and other acts engaged in by the employer, or required to be engaged in by the employer, under this Act.
Note:
There is an administrative penalty if you do not keep or retain records as required by this section: see section
288-25
in Schedule
1
to the
Taxation Administration Act 1953.
History
S 79(1) amended by No 91 of 2000, s 3 and Sch 2 item 65, by adding the Note, effective 1 July 2000. Sch 2 of No 91 of 2000 contains the following transitional provision:
Transitional
-
existing RBAs
129
Although the
A New Tax System (Pay As You Go) Act 1999
repealed subsection
8AAZL(3)
of the
Taxation Administration Act 1953
, special priority credits referred to in that subsection are to continue to be applied in accordance with that subsection.
79(2)
The records must include any documents relevant to ascertaining the individual superannuation guarantee shortfalls of the employer for a quarter.
History
S 79(2) substituted by No 51 of 2002, s 3 and Sch 1 item 167, effective 1 July 2003. For application and transitional provisions, see note under s 5(3). S 79(2) formerly read:
79(2)
The records must include any documents relevant to ascertaining:
(a)
the employer
'
s annual national payroll for the employer
'
s base year; and
(b)
the individual superannuation guarantee shortfalls of the employer for a year.
79(3)
The records must be kept:
(a)
in writing in the English language or so as to enable the records to be readily accessible and convertible into writing in the English language; and
(b)
so that the employer
'
s liability under this Act can be readily ascertained.
79(4)
An employer who has possession of any records kept or obtained under or for the purposes of this Act must retain them until the end of 5 years after those records were prepared or obtained, or the completion of the transactions or acts to which those records relate, whichever is later.
79(5)
Nothing in this section requires an employer to retain records if:
(a)
the Commissioner has notified the employer that the retention of the records is not required; or
(b)
the employer is a company that has gone into liquidation and been finally dissolved.
Note:
A defendant bears an evidential burden in relation to the matters in subsection (5), see subsection
13.3(3)
of the
Criminal Code
.
History
S 79(5) amended by No 146 of 2001, s 3 and Sch 4 item 125, by inserting the Note at the end, applicable to acts and omissions that take place after 15 December 2001. If an act or omission is alleged to have taken place between two dates, one before and one on or after 15 December 2001, the act or omission is alleged to have taken place before 15 December 2001.
79(6)
An employer who contravenes this section commits an offence punishable on conviction by a fine not exceeding 30 penalty units.
Note:
See section
4AA
of the
Crimes Act 1914
for the current value of a penalty unit.
History
S 79(6) amended by No 4 of 2016, s 3 and Sch 4 items 1 and 295, by substituting
"
commits
"
for
"
is guilty of
"
, effective 10 March 2016.
S 79(6) amended by No 146 of 2001, s 3 and Sch 4 item 126, by omitting
"
, without reasonable excuse,
"
after
"
An employer who
"
, applicable to acts and omissions that take place after 15 December 2001. If an act or omission is alleged to have taken place between two dates, one before and one on or after 15 December 2001, the act or omission is alleged to have taken place before 15 December 2001.
S 79(6) amended by No 91 of 2000, s 3 and Sch 2 items 66 and 67, by substituting
"
30 penalty units
"
for
"
$3,000
"
and by adding the Note, effective 1 July 2000. Sch 2 of No 91 of 2000 contains the following transitional provision:
Transitional
-
existing RBAs
129
Although the
A New Tax System (Pay As You Go) Act 1999
repealed subsection 8AAZL(3) of the
Taxation Administration Act 1953
, special priority credits referred to in that subsection are to continue to be applied in accordance with that subsection.
79(6A)
Subsection (6) does not apply to the extent that the person has a reasonable excuse.
Note:
A defendant bears an evidential burden in relation to the matters in subsection (6A), see subsection
13.3(3)
of the
Criminal Code
.
History
S 79(6A) inserted by No 146 of 2001, s 3 and Sch 4 item 127, applicable to acts and omissions that take place after 15 December 2001. If an act or omission is alleged to have taken place between two dates, one before and one on or after 15 December 2001, the act or omission is alleged to have taken place before 15 December 2001.
79(7)
An offence under this section is an offence of strict liability.
Note:
For
strict liability
, see section
6.1
of the
Criminal Code
.
History
S 79(7) inserted by No 146 of 2001, s 3 and Sch 4 item 128, applicable to acts and omissions that take place after 15 December 2001. If an act or omission is alleged to have taken place between two dates, one before and one on or after 15 December 2001, the act or omission is alleged to have taken place before 15 December 2001.
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