Superannuation Guarantee (Administration) Act 1992
[ CCH Note: Pt 4 heading will be substituted by No 57 of 2025, s 3 and Sch 1 item 13, effective 1 July 2026. For application and transitional provisions, see note under s 16 . The heading will read:
]PART 4 - VOLUNTARY DISCLOSURE STATEMENTS AND ASSESSMENTS
If, because an assessment is amended, a person ' s liability to superannuation guarantee charge is reduced:
(a) the amount by which the charge is reduced is taken, for the purposes of section 49 , never to have been payable; and
(b) the Commissioner must:
(i) refund any overpaid amount; or
38(2) [ " overpaid amount " ]
(ii) apply any overpaid amount against the person ' s liability (if any) to the Commonwealth and refund any part of the amount that is not so applied.
In subsection (1):
overpaid amount
includes any overpaid amount of additional superannuation guarantee charge under section
49
or Part
7
of this Act or administrative penalty under Part
4-25
in Schedule
1
to the
Taxation Administration Act 1953
.
View history note
Hide history note[ CCH Note: S 38(2) will be substituted by No 57 of 2025, s 3 and Sch 1 item 53, effective 1 July 2026. For application and transitional provisions, see note under s 16 . S 38(2) will read:
]
38(2)
In this section:overpaid amount
includes each of the following:
(a) any overpaid amount of superannuation guarantee charge in the form of general interest charge that became payable under section 49 ;
(b) if the reduction in the liability results in an amended penalty assessment of an administrative penalty - any overpayment of the administrative penalty;
(c) any overpayment of administrative penalty under Part 4-25 in Schedule 1 to the Taxation Administration Act 1953 relating to the reduction in the liability.
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