PART 25A
-
TAX FILE NUMBERS
History
Pt 25A inserted by No 76 of 1996.
Division 2
-
Quotation, use and transfer of beneficiary's tax file number
SECTION 299G
TRUSTEE MUST REQUEST PERSON BECOMING BENEFICIARY AFTER COMMENCEMENT TO QUOTE TAX FILE NUMBER
299G(1)
Subject to subsection (3), if:
(a)
a person becomes a beneficiary of an eligible superannuation entity after the commencement of this section; and
(b)
the person has not quoted his or her tax file number to a trustee of the entity in connection with the operation or the possible future operation of this Act, or of this Act and the other Superannuation Acts, by the time he or she becomes a beneficiary;
each trustee must ensure that, before the required time (see subsection (2)), a request is made, in a manner approved by the Regulator, to the person to quote his or her tax file number to a trustee of the entity in connection with the operation or the possible future operation of this Act or, if the request was not made before the commencement of Schedule 3 to the
Superannuation Contributions Tax (Consequential Amendments) Act 1997
, the operation or possible future operation of this Act and the other Superannuation Acts.
[
CCH Note:
For the purposes of s 299G(1), APRA has made Superannuation Industry (Supervision) Tax File Number approval No 1 of 2017 (F2017L01262), which revokes and replaces Superannuation Industry (Supervision) Tax File Number approval No 1 of 2007 (F2007L02023), effective 1 October 2017.]
History
S 299G(1) amended by No 53 of 2004, s 3 and Sch 2 items 301 to 305, by substituting
"
a trustee of the entity
"
for
"
the trustee
"
in para (b), substituting
"
each trustee must ensure that
"
for
"
the trustee must
"
, substituting
"
a request is made
"
for
"
request
"
, inserting
"
to
"
after
"
Regulator,
"
and substituting
"
a trustee of the entity in
"
for
"
the trustee in
"
, effective 1 July 2004.
S 299G(1) amended by No 128 of 1999, s 3 and Sch 1 item 55, by substituting
"
other Superannuation
"
for
"
Surcharge
"
(wherever occurring), effective 13 October 1999. For transitional and application provisions, see the history note to s 2(3).
S 299G(1) amended by No 121 of 1999, s 3 and Sch 1 item 120, by substituting
"
the Regulator
"
for
"
APRA
"
, effective 8 October 1999. For transitional and saving provisions, see the history note under the heading to Pt
24B
.
S 299G(1) amended by No 54 of 1998 and No 71 of 1997.
299G(2)
Required time.
The
required time
is the end of the 30th day after the day on which the person becomes a beneficiary.
History
S 299G(2) amended by No 122 of 1997.
299G(3)
Exception.
A trustee of the entity is not required to ensure that a request is made if the person has already quoted his or her tax file number to a trustee of the entity in connection with the operation or the possible future operation of:
(a)
if the quotation was given before the commencement of Schedule 3 to the
Superannuation Contributions Tax (Consequential Amendments) Act 1997
-
this Act; or
(b)
otherwise
-
this Act and the other Superannuation Acts.
History
S 299G(3) substituted by No 53 of 2004, s 3 and Sch 2 item 306, effective 1 July 2004. S 299G(3) formerly read:
299G(3)
Exception.
The trustee is not required to make the request if, before the trustee makes the request, and before the required time, the person quotes his or her tax file number to the trustee in connection with the operation or the possible future operation of:
(a)
if the quotation was given before the commencement of Schedule 3 to the
Superannuation Contributions Tax (Consequential Amendments) Act 1997
-
this Act; or
(b)
otherwise
-
this Act and the other Superannuation Acts.
S 299G(3) amended by No 128 of 1999, s 3 and Sch 1 item 56, by substituting
"
other Superannuation
"
for
"
Surcharge
"
in para (b), effective 13 October 1999. For transitional and application provisions, see the history note to s 2(3).
S 299G(3) amended by No 71 of 1997.
299G(4)
A trustee commits an offence if the trustee contravenes subsection (1).
Penalty: 100 penalty units.
History
S 299G(4) amended by No 82 of 2010 (as amended by No 136 of 2012), s 3 and Sch 6 item 71, by substituting
"
Penalty
"
for
"
Maximum penalty
"
in the penalty, effective 27 July 2010.
S 299G(4) (not including the penalty) substituted by No 53 of 2004, s 3 and Sch 2 item 307, effective 1 July 2004. S 299G(4) formerly read:
299G(4)
The trustee is guilty of an offence if the trustee contravenes the requirement to make the request.
S 299G(4) and (4A) substituted for s 299G(4) by No 160 of 2000, s 3 and Sch 3 item 69, effective 18 January 2001. S 299G(4) formerly read:
299G(4)
Offence.
If the trustee intentionally or recklessly contravenes the requirement to make the request, the trustee is guilty of an offence punishable on conviction by a fine not exceeding 100 penalty units.
299G(4A)
A trustee commits an offence if the trustee contravenes subsection (1). This is an offence of strict liability.
Penalty: 50 penalty units.
Note 1:
Chapter 2 of the
Criminal Code
sets out the general principles of criminal responsibility.
Note 2:
For
strict liability
, see section
6.1
of the
Criminal Code
.
History
S 299G(4A) amended by No 82 of 2010 (as amended by No 136 of 2012), s 3 and Sch 6 item 71, by substituting
"
Penalty
"
for
"
Maximum penalty
"
in the penalty, effective 27 July 2010.
S 299G(4A) (not including the penalty or the notes) substituted by No 53 of 2004, s 3 and Sch 2 item 308, effective 1 July 2004. S 299G(4A) formerly read:
299G(4A)
The trustee is guilty of an offence if the trustee contravenes the requirement to make the request. This is an offence of strict liability.
S 299G(4) and (4A) substituted for s 299G(4) by No 160 of 2000, s 3 and Sch 3 item 69, effective 18 January 2001.
299G(5)
No obligation to quote tax file number.
If a person requests another person to quote his or her tax file number under this section, the other person is not obliged to comply with the request.
History
S 299G(5) substituted by No 53 of 2004, s 3 and Sch 2 item 309, effective 1 July 2004. S 299G(5) formerly read:
299G(5)
No obligation to quote tax file number.
If the trustee requests the person to quote his or her tax file number to the trustee, the person is not obliged to comply with the request.
S 299G inserted by No 76 of 1996.
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