Superannuation Contributions Tax (Assessment and Collection) Act 1997
If:
(a) an assessment of surcharge on a member ' s surchargeable contributions is made; and (b) the member, or a superannuation provider who is the holder of the contributions, is dissatisfied with the assessment;the member or provider may object against the assessment in the way set out in Part IVC of the Taxation Administration Act 1953 .
24(2) Superannuation provider may object against class of assessments.An objection made by a superannuation provider may relate to all the assessments included in a class of assessments. A decision on the objection is taken to be a single decision for the purpose of calculating any fee payable in respect of lodging a reference or appeal in respect of the decision.
24(3) Matters on which Commissioner may rely in deciding an objection.In making a decision on the objection in so far as the objection relates to the calculation of the member ' s adjusted taxable income, the Commissioner is entitled to rely on:
(a) the latest assessment of the member ' s taxable income under the Income Tax Assessment Act; and (b) the latest statement of the member ' s surchargeable contributions given to the Commissioner by the superannuation provider.Note:
If a member is dissatisfied with an assessment in so far as it relates to the calculation of the member ' s surchargeable contributions, as based on an amount or amounts set out in a statement given to the Commissioner by a superannuation provider under section 13 , the member may make a complaint under the AFCA scheme (within the meaning of the Corporations Act 2001 ) about the unfairness or unreasonableness of the superannuation provider ' s decision to set out the amount or any of the amounts in the statement.
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