Superannuation Guarantee (Administration) Act 1992

S 78 repealed by No 9 of 2007, s 3 and Sch 4 item 8, applicable in relation to things that are done and events that occur on or after 1 July 2007.

S 78 formerly read:

SECTION 78 REPORTING SUPERANNUATION CONTRIBUTIONS  
78(1)
A superannuation provider in relation to a fund or RSA is liable to an administrative penalty if:

(a) a person is a member of the fund (or holder of the RSA) at the end of a year; and

(b) contributions are made or transferred to the fund or RSA for the benefit of the person in the year; and

(c) the provider fails to give the Commissioner a statement in the approved form setting out the information mentioned in subsection (3) in respect of the person for the year.

78(2)
The amount of the penalty is 5 penalty units.

Note:

Division 298 in Schedule 1 to the Taxation Administration Act 1953 contains machinery provisions relating to administrative penalties.

78(3)
The regulations may specify information in relation to:

(a) the total of all contributions made by an employer to a fund or RSA for the benefit of an employee in a year; and

Note:

Contributions made by an employer include contributions made on behalf of the employer (see subsection 6(2)).

(b) the total of all contributions made to a fund or RSA for the benefit of an employee in a year.

78(4)
The superannuation provider must give the statement to the Commissioner within the period specified in the regulations.

Note:

Section 388-55 in Schedule 1 to the Taxation Administration Act 1953 allows the Commissioner to defer the time for giving an approved form.

78(5)
Regulations made for the purposes of this section may specify different information and periods for different kinds of superannuation providers.

S 78 inserted by No 80 of 2006 , s 3 and Sch 7 items 3 and 6, applicable in relation to financial years starting on or after 1 July 2005. Despite subsection 12(2) of the Legislative Instruments Act 2003 , the first regulations made for the purposes of sections 78 and 78A of the Superannuation Guarantee (Administration) Act 1992 may be expressed to take effect from 1 July 2005.

Former s 78 repealed by No 179 of 1999, s 3 and Sch 2 item 85, effective 22 December 1999. Despite this repeal, s 78 continues to have effect in relation to a liability that arose before 1 July 2000. S 78 formerly read:

SECTION 78 RIGHT OF CONTRIBUTION  
78(1)
If:

(a) 2 or more persons are jointly and severally liable to pay an amount of superannuation guarantee charge; and

(b) one of them has paid the amount or part of it;

the person who paid may, in a court of competent jurisdiction, recover by way of contribution, and as a debt, from any of the other persons an amount equal to as much of the amount paid as the court considers just and equitable.

78(2)
In subsection (1):

'superannuation guarantee charge'
includes additional superannuation guarantee charge under section 49 or Part 7 .