Superannuation Industry (Supervision) Act 1993

PART 7 - PROVISIONS APPLYING ONLY TO REGULATED SUPERANNUATION FUNDS  

SECTION 64   SUPERANNUATION CONTRIBUTIONS - DEDUCTIONS FROM SALARY OR WAGES TO BE REMITTED PROMPTLY  

64(1)   Application.  

This section applies if:

(a) an employer of an employee is authorised (whether by the employee, by force of law or otherwise) to:

(i) deduct an amount from salary or wages payable by the employer to the employee; and

(ii) pay to a trustee of a regulated superannuation fund the amount of the deduction for the purposes of making provision for superannuation benefits for, or for dependants of, the employee; and

(b) the employer makes such a deduction.

64(2)   Prompt remission.  

The employer must pay to a trustee of the superannuation fund the amount of the deduction before the end of the 28-day period beginning immediately after the end of the month in which the deduction was made.

64(2A)    

Subsection (2) does not apply if:

(a) the employer pays to an approved clearing house (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ) the amount of the deduction before the end of the period mentioned in that subsection; and

(b) the approved clearing house accepts the payment.

64(3)    

The employer commits an offence if the employer contravenes subsection (2).

Penalty: 100 penalty units.

64(3A)    

The employer commits an offence if the employer contravenes subsection (2). 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 .

64(4)    
(Repealed by No 75 of 2012)

64(5)   Part-time domestic workers counted.  

For the purposes of this section, the Superannuation Guarantee (Administration) Act 1992 has effect as if subsection 11(2) of that Act had not been enacted.