Corporations Amendment (Insolvency) Act 2007 (132 of 2007)
Schedule 1 Improving outcomes for creditors
Part 1 Enhancing protection of employee entitlements
Corporations Act 2001
5 After section 553AA
Insert:
553AB Superannuation contribution debts not admissible to proof
Whole of superannuation contribution debt
(1) In a winding up, the liquidator must determine that the whole of a debt by way of a superannuation contribution is not admissible to proof against the company if:
(a) a debt by way of superannuation guarantee charge:
(i) has been paid; or
(ii) is, or is to be, admissible to proof against the company; and
(b) the liquidator is satisfied that the superannuation guarantee charge is attributable to the whole of the first-mentioned debt.
(2) If the liquidator determines, under subsection (1), that the whole of a debt is not admissible to proof against the company, the whole of the debt is extinguished.
Part of superannuation contribution debt
(3) In a winding up, the liquidator must determine that a particular part of a debt by way of a superannuation contribution is not admissible to proof against the company if:
(a) a debt by way of superannuation guarantee charge:
(i) has been paid; or
(ii) is, or is to be, admissible to proof against the company; and
(b) the liquidator is satisfied that the superannuation guarantee charge is attributable to that part of the first-mentioned debt.
(4) If the liquidator determines, under subsection (3), that a part of a debt is not admissible to proof against the company, that part of the debt is extinguished.
Definition
(5) In this section:
superannuation contribution has the same meaning as in section 556.