PART 1 - PRELIMINARY
REGULATION 1
1
NAME OF REGULATIONS
These Regulations are the
Superannuation (Government Co-contribution for Low Income Earners) Regulations 2004.
REGULATION 2
2
COMMENCEMENT
These Regulations commence on the date of their notification in the
Gazette.
REGULATION 3
3
DEFINITIONS
In these Regulations:
Act
means the Superannuation (Government Co-contribution for Low Income Earners) Act 2003.
allocated surplus amount
(Repealed by SLI No 39 of 2015)
History
Definition of "allocated surplus amount" repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 43, effective 1 July 2015. The definition formerly read:
allocated surplus amount
has the meaning given by section 43 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997.
approved form
has the meaning given by section 388-50 in Schedule 1 to the Taxation Administration Act 1953.
History
Definition of "approved form" inserted by SLI No 39 of 2015, reg 4 and Sch 1 item 44, effective 1 July 2015.
Australian Business Number
has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
client identifier
means a number or other unique identification assigned by a superannuation provider to a member's accounts for linking all dealings by the provider with the member.
contributed amounts
(Repealed by SLI No 39 of 2015)
History
Definition of "contributed amounts" repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 45(a), effective 1 July 2015. The definition formerly read:
contributed amounts
has the meaning given by section 43 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997.
eligible account
, for a member, means an account held by the member with a complying superannuation fund or an RSA:
(a)
in relation to which the Commissioner has not been advised that the account will not accept Government co-contributions; and
(b)
that is not an account for which the conditions of release are any of those mentioned in items 102, 103 or 109 of Schedule
1 to the
Superannuation Industry (Supervision) Regulations 1994 only; and
(c)
that has not commenced paying a pension or an annuity.
History
Definition of "eligible account" inserted by SR No 151 of 2004, reg 3 and Sch 1 item 1, effective 25 June 2004.
product identification number
means a number or other unique identification assigned by a superannuation provider to a product offered by the provider.
reasonably attributable to interest
(Repealed by SLI No 39 of 2015)
History
Definition of "reasonably attributable to interest" repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 45(b), effective 1 July 2015. The definition formerly read:
reasonably attributable to interest
has the meaning given by subregulations 2F(2), 2G(2), 2G(3) and 2G(4) of the Superannuation Contributions Tax (Assessment and Collection) Regulations 1997.
reporting day
means 15 January, 15 April and 15 July.
superannuation fund number
means the number assigned to a superannuation provider by the Australian Prudential Regulation Authority.
supplier
(Repealed by SLI No 39 of 2015)
History
Definition of "supplier" repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 45(c), effective 1 July 2015. The definition formerly read:
supplier
has the meaning given by regulation 2 of the Superannuation Contributions Tax (Assessment and Collection) Regulations 1997.
PART 2 - CO-CONTRIBUTIONS
Division 2.1 - Administration
4
(Repealed) REGULATION 4 INTEREST RATE
(Repealed by SR No 279 of 2004)
History
Reg 4 omitted by SR No 279 of 2004, reg 3 and Sch 1 item 1, effective 26 August 2004. Reg 4 formerly read:
INTEREST RATE
4
For paragraphs 12 (2)(d), 21(3)(d) and 22(4)(d) of the Act, the rate of interest is the base interest rate worked out under section 8AAD of the Taxation Administration Act 1953.
REGULATION 5
DETERMINING WHERE A GOVERNMENT CO-CONTRIBUTION OR UNDERPAID AMOUNT IS TO BE DIRECTED
5(1)
For subsections
15(3) and
19(6) of the Act and subject to subregulation (3), the Commissioner must determine that a Government co-contribution or an underpaid amount is to be paid in respect of a person in accordance with the following table.
Item
|
Person's circumstances
|
Government co-contribution or underpaid amount is to be paid to:
|
1 |
The Commissioner is satisfied that the person is deceased |
The person's legal personal representative |
2 |
The Commissioner is satisfied that the person has retired and no longer has an eligible account |
The person |
3 |
The person has nominated an eligible account to the Commissioner for the purpose of receiving a Government co-contribution |
The eligible account |
4 |
The person has 1 or more eligible accounts and has not nominated an eligible account to the Commissioner for the purpose of receiving a Government co-contribution |
(a) |
If 1 of the eligible accounts has received a Government co-contribution in the current financial year - that eligible account |
|
|
(b) |
If paragraph (a) does not apply, the eligible account:
(i) to which the person has made the greatest amount of eligible personal superannuation contributions; or
(ii) with the greatest amount of concessional contributions;
in the most recent financial year for which the Commissioner has received a statement in respect of the member under section 390-5 of Schedule 1 to the Taxation Administration Act 1953 |
|
|
(c) |
If paragraphs (a) and (b) do not apply, the eligible account with the most recently opened account date, for which the Commissioner has received a statement in respect of the member under section 390-5 of Schedule 1 to the Taxation Administration Act 1953 |
|
|
(d) |
If paragraphs (a), (b) and (c) do not apply, the eligible account with the highest account balance in the most recent financial year for which the Commissioner has received a statement in respect of the member under section 390-5 of Schedule 1 to the Taxation Administration Act 1953 |
|
|
(e) |
If paragraphs (a), (b), (c) and (d) do not apply, the eligible account determined by the Commissioner |
5 |
The person does not have an eligible account |
A new or existing account of the person in the Superannuation Holding Accounts Special Account |
Note:
The Small Superannuation Accounts Act 1995 established the Superannuation Holding Accounts Reserve (SHAR) and provided that after the commencement of the Financial Management and Accountability Act 1997, the SHAR was a component of the Reserved Money Fund - see section 8 of that Act.
The Financial Management Legislation Amendment Act 1999 converted the SHAR into a Special Account for the purposes of the Financial Management and Accountability Act 1997, with the name Superannuation Holding Accounts Account - see section 5 of that Act.
The Financial Framework Legislation Amendment Act 2005 renamed the Special Account as the Superannuation Holding Accounts Special Account - see item 324 of Schedule 1 to that Act.
History
Reg 5(1) amended by SLI No 202 of 2013, reg 4 and Sch 1 items 1 and 2, by inserting "and subject to subregulation (3)" after "the Act" and substituting para (b) of table item 4, effective 7 August 2013. Para (b) of table item 4 formerly read:
(b)
If paragraph (a) does not apply, the eligible account to which the person has made the greatest amount of eligible personal superannuation contributions in the most recent financial year for which the Commissioner has received a statement in respect of the member under section 390-5 of Schedule 1 to the Taxation Administration Act 1953
Reg 5(1) amended by SLI No 72 of 2007, reg 3 and Sch 1 item 1, by substituting table item 4, applicable in relation to a financial year commencing on or after 1 July 2007. Table item 4 formerly read:
4 ...
(a) If 1 of the eligible accounts has received a Government co-contribution in the current financial year - that eligible account
(b) If paragraph (a) does not apply, the eligible account to which the person has made the greatest amount of eligible personal superannuation contributions in the most recent financial year for which the Commissioner has received a statement in respect of the member under section 26 of the Act
(c) If paragraphs (a) and (b) do not apply, the eligible account with the most recently opened account date, for which the Commissioner has received a statement in respect of the member under section 26 of the Act
(d) If paragraphs (a), (b) and (c) do not apply, the eligible account with the highest account balance in the most recent financial year for which the Commissioner has received a statement in respect of the member under section 26 of the Act
(e) If paragraphs (a), (b), (c) and (d) do not apply, the eligible account determined by the Commissioner
Reg 5(1) amended by SLI No 218 of 2005, reg 3 and Sch 1 items 30 and 31, by substituting "Superannuation Holding Accounts Special Account" for "Superannuation Holding Accounts Account" in item 5 of the table and substituting the note, effective 8 October 2005. The note formerly read:
Note: The Small Superannuation Accounts Act 1995 established the Superannuation Holding Accounts Reserve (SHAR) and provided that after the commencement of the Financial Management and Accountability Act 1997, the SHAR was a component of the Reserved Money Fund - see section 8 of that Act. The Financial Management Legislation Amendment Act 1999 converted the SHAR into a Special Account for the purposes of the Financial Management and Accountability Act 1997 with the name Superannuation Holdings Accounts Account - see section 5 of that Act.
5(2)
If the person nominates an eligible account for item 3 in the table in subregulation (1), the nomination has effect until:
(a)
the person nominates another eligible account; or
(b)
the nominated account stops accepting Government co-contributions for the person; or
(c)
the nominated account ceases to be an eligible account.
5(3)
A paragraph in item 4 of the table in subregulation (1) does not apply to a payment if the Commissioner is reasonably satisfied that the eligible account mentioned in that paragraph will not or cannot accept the payment.
History
Reg 5(3) inserted by SLI No 202 of 2013, reg 4 and Sch 1 item 3, effective 7 August 2013.
Reg 5 inserted by SR No 151 of 2004, reg 3 and Sch 1 item 3, effective 25 June 2004.
Division 2.2 - Payment of co-contribution
6
(Repealed) REGULATION 6 INFORMATION TO BE GIVEN TO COMMISSIONER
(Repealed by SLI No 39 of 2015)
History
Reg 6 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 46, effective 1 July 2015. Reg 6 formerly read:
REGULATION 6 INFORMATION TO BE GIVEN TO COMMISSIONER
6
For paragraphs 16(1)(d) and 20(1)(d) of the Act, the superannuation provider must give the Commissioner information on the matters mentioned in Schedule 1.
REGULATION 7
7
PAYMENT DATES
For subsections
17(2) and
21(2) of the Act, the payment date for an amount is the day 60 days after the Commissioner is able to be satisfied that a determination must be made.
History
Reg 7 amended by SLI No 202 of 2013, reg 4 and Sch 1 item 4, by substituting "is able to be satisfied that a determination must be made" for "has received all of the information, required by the Act or requested by the Commissioner under the Act, necessary to make a determination", effective 7 August 2013.
REGULATION 8
INFORMATION TO BE GIVEN BY COMMISSIONER
8(1)
For subsection
18(1) of the Act, the Commissioner must give information on the matters mentioned in Part 1 of Schedule
2.
8(2)
For subsection
18(2) of the Act, the Commissioner must give information on the matters mentioned in Part 2 of Schedule
2.
Division 2.3 - Overpayments
REGULATION 9
INFORMATION FOR RECOVERY OF OVERPAYMENT
9(1)
For item 3 of the table to subsection
24(3) of the Act, the notice must include information on the matters mentioned in Part 1 of Schedule
3.
9(2)
For item 4 of the table to subsection
24(3) of the Act, the notice must include the information required under Part 2 of Schedule
3.
9(3)
For subsection
24(7) of the Act, the notice must include information on the matters mentioned in Part 3 of Schedule
3.
(Repealed) Division 2.4 - Statements
History
Div 2.4 repealed by SLI No 72 of 2007, reg 3 and Sch 1 item 2, applicable in relation to a financial year commencing on or after 1 July 2007.
10
(Repealed) REGULATION 10 STATEMENTS GENERALLY
(Repealed by SLI No 72 of 2007)
History
Reg 10 repealed by SLI No 72 of 2007, reg 3 and Sch 1 item 2, applicable in relation to a financial year commencing on or after 1 July 2007. Reg 10 formerly read:
REGULATION 10 STATEMENTS GENERALLY
10(1)
For subsection 26(1) of the Act, section 26 of the Act applies to financial years that start on or after 1 July 2003.
10(2)
For paragraph 26(2)(b) of the Act, the statement must include information on the matters mentioned in Parts 1, 2 and 3 of Schedule 4.
History
Reg 10(2) amended by SLI No 140 of 2005, reg 3 and Sch 1 item 1, by substituting ``Parts 1, 2 and 3'' for ``Part 1'', effective 1 July 2005.
10(3)
For paragraphs 26(2)(b) and (3)(b) of the Act, for financial years that start on or after 1 July 2004, the statement must also include information on the matters mentioned in Part 4 of Schedule 4.
History
Reg 10(3) amended by SLI No 140 of 2005, reg 3 and Sch 1 item 2, by substituting ``Part 4'' for ``Part 2'', effective 1 July 2005.
10(4)
For subparagraphs 26(2)(b)(i) and (3)(b)(i) of the Act, the prescribed date is:
(a)
if the fund is a self managed superannuation fund defined in section 17A of the Superannuation Industry (Supervision) Act 1993 - the 31 March immediately following the end of the financial year; or
(b)
in any other case - the 31 October immediately following the end of the financial year.
History
Reg 10(4) substituted by SLI No 140 of 2005, reg 3 and Sch 1 item 3, effective 1 July 2005. Reg 10(4) formerly read:
10(4)
For subparagraphs 26(2)(b)(i) and (3)(b)(i) of the Act, the prescribed date is the notification date within the meaning given by section 43 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997.
11
(Repealed) REGULATION 11 STATEMENTS WHERE CONTRIBUTED AMOUNTS TRANSFERRED BETWEEN SUPERANNUATION PROVIDERS
(Repealed by SLI No 72 of 2007)
History
Reg 11 repealed by SLI No 72 of 2007, reg 3 and Sch 1 item 2, applicable in relation to a financial year commencing on or after 1 July 2007. Reg 11 formerly read:
REGULATION 11 STATEMENTS WHERE CONTRIBUTED AMOUNTS TRANSFERRED BETWEEN SUPERANNUATION PROVIDERS
11(1)
For subsection 27(1) of the Act, section 27 of the Act applies to financial years that start on or after 1 July 2004.
11(2)
For paragraph 27(2)(b) of the Act, the statement must include information on the matters mentioned in Schedule 5.
PART 3 - INFORMATION GENERALLY
REGULATION 12
FORM OF INFORMATION TO BE GIVEN TO THE COMMISSIONER
12(1)
This regulation applies to information to be given by a person to the Commissioner under the Act or these Regulations, other than information to be contained in a statement under Division
390 of Schedule
1 to the
Taxation Administration Act 1953.
History
Reg 12(1) amended by SLI No 72 of 2007, reg 3 and Sch 1 item 3, by substituting "a statement under Division 390 of Schedule 1 to the Taxation Administration Act 1953" for "a statement under section 26 or 27 of the Act", applicable in relation to a financial year commencing on or after 1 July 2007.
12(2)
The information must be given in the approved form.
History
Reg 12(2) substituted by SLI No 39 of 2015, reg 4 and Sch 1 item 47, effective 1 July 2015. Reg 12(2) formerly read:
12(2)
The information must be given:
(a)
if a form for the information is specified or approved by the Commissioner - in that form; and
(b)
if a medium for the information is specified or approved by the Commissioner - in that medium; and
(c)
if a format for the information is specified or approved by the Commissioner - in that format.
12(3)
(Repealed by SLI No 39of 2015)
History
Reg 12(3) repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 47, effective 1 July 2015. Reg 12(3) formerly read:
12(3)
The Commissioner may specify or approve different forms, formats and media:
(a)
for information to be given by different types of superannuation providers or other persons; or
(b)
for use in different circumstances.
12(4)
(Repealed by SLI No 39 of 2015)
History
Reg 12(4) repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 47, effective 1 July 2015. Reg 12(4) formerly read:
12(4)
If a specified or approved form so provides, the person must:
(a)
sign the form or include identification of the person in the form; and
(b)
verify the information by a declaration as set out in the form.
12(5)
(Repealed by SLI No 39 of 2015)
History
Reg 12(5) repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 47, effective 1 July 2015. Reg 12(5) formerly read:
12(5)
Any information that accompanies other information that is given to the Commissioner in a specified or approved form must include:
(a)
the signature or other identification of the person giving the information in the form; and
(b)
an endorsement that identifies the information as accompanying the information given in the form.
13
(Repealed) REGULATION 13 WHERE INFORMATION IS TO BE GIVEN
(Repealed by SLI No 39 of 2015)
History
Reg 13 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 48, effective 1 July 2015. Reg 13 formerly read:
REGULATION 13 WHERE INFORMATION IS TO BE GIVEN
13(1)
If the Commissioner specifies or directs that a person or class of persons must give information (whether or not in a specified or approved form) required by the Act or these Regulations at a particular address, the person or class of persons must give the information at that address.
13(2)
If the Commissioner does not specify or direct that information be given at a particular address, the information may be given at any office of the Commissioner.
14
(Repealed) REGULATION 14 CHANGE OF SUPERANNUATION PROVIDER'S ADDRESS FOR SERVICE
(Repealed by SLI No 39 of 2015)
History
Reg 14 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 48, effective 1 July 2015. Reg 14 formerly read:
REGULATION 14 CHANGE OF SUPERANNUATION PROVIDER'S ADDRESS FOR SERVICE
14(1)
If a superannuation provider:
(a)
has given an address for service to the Commissioner in connection with the operation of the Act or these Regulations; and
(b)
later changes that address for service;
the provider must give to the Commissioner, within one month after the change, a new address in Australia for service.
14(2)
The provider must give sufficient information with the new address for service to enable the Commissioner to change the address for service in the Commissioner's records.
15
(Repealed) REGULATION 15 HOW AN ADDRESS FOR SERVICE WILL BE DETERMINED
(Repealed by SLI No 39 of 2015)
History
Reg 15 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 48, effective 1 July 2015. Reg 15 formerly read:
REGULATION 15 HOW AN ADDRESS FOR SERVICE WILL BE DETERMINED
15(1)
The address for service last given to the Commissioner by any person is for all purposes under the Act and these Regulations that person's address for service.
15(2)
However, if:
(a)
no address for service has been given to the Commissioner; or
(b)
the Commissioner's records show that the person has later changed the address and has not given a new address to the Commissioner;
the address of the person as set out in any record in the custody of the Commissioner is the person's address for service.
16
(Repealed) REGULATION 16 LAST KNOWN PLACE OF BUSINESS OR RESIDENCE
(Repealed by SLI No 39 of 2015)
History
Reg 16 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 48, effective 1 July 2015. Reg 16 formerly read:
REGULATION 16 LAST KNOWN PLACE OF BUSINESS OR RESIDENCE
16
The address for service of a person as determined under regulation 15 is to be, for all purposes under the Act and these Regulations, the person's last known place of business or residence in Australia.
REGULATION 17
CHANGE OR OMISSION IN INFORMATION GIVEN TO THE COMMISSIONER
17(1)
If at any time a superannuation provider becomes aware of a change or omission in any information given to the Commissioner, the provider must:
(a)
tell the Commissioner of the change; or
(b)
give the omitted information to the Commissioner;
as the case requires, unless the provider is reasonably satisfied that the change or omission will not affect a determination.
17(2)
Information required by subregulation (1) must be given:
(a)
if the provider becomes aware of the change or omission at least 30 days before the next reporting day - before that reporting day; or
(b)
in any other case - before the reporting day after the next reporting day.
REGULATION 18
GIVING A TAX FILE NUMBER STATEMENT TO THE COMMISSIONER
18(1)
If:
(a)
a superannuation provider has given information to the Commissioner in connection with the operation of the Act or these Regulations in relation to a member; and
(b)
the member did not quote his or her tax file number to the provider in connection with the operation or possible future operation of the Act before the information was given; and
(c)
the Commissioner has not informed the provider of the member's tax file number; and
(d)
the member later quotes the tax file number to the provider in connection with the operation or possible future operation of the Act;
the provider must give a statement to the Commissioner relating to the member's tax file number.
Note:
A form will be approved by the Commissioner for this purpose - see subsection 12(2). The approved form may require the provider to give information about members and their tax file numbers, and may require the provider to give other information.
History
Reg 18(1) amended by SLI No 39 of 2015, reg 4 and Sch 1 item 49, by substituting "subsection 12(2)" for "paragraph 12(2)(a)" in the note, effective 1 July 2015.
Reg 18(1) substituted by SLI No 72 of 2007, reg 3 and Sch 1 item 4, applicable in relation to a financial year commencing on or after 1 July 2007. Reg 18(1) formerly read:
18(1)
If:
(a)
a superannuation provider has given information to the Commissioner in connection with the operation of the Act or these Regulations in relation to a member; and
(b)
the member did not quote his or her tax file number to the provider in connection with the operation or possible future operation of the Act before the information was given; and
(c)
the Commissioner has not informed the provider of the member's tax file number; and
(d)
the member later quotes the tax file number to the provider in connection with the operation or possible future operation of the Act;the provider must give a statement to the Commissioner that includes information on the matters set out in Part 2 of Schedule 4.
Reg 18(1) amended by SLI No 140 of 2005, reg 3 and Sch 1 item 4, by substituting "Part 2 of Schedule 4" for "Schedule 6", effective 1 July 2005.
18(2)
A tax file number statement must be given to the Commissioner:
(a)
if it is quoted to the provider not less than 30 days before the next reporting day - before that reporting day; or
(b)
in any other case - before the reporting day after the next reporting day.
Note:
Superannuation providers must comply with any guidelines relating to tax file number information issued by the Privacy Commissioner under section 17 of the Privacy Act 1988.
19
(Repealed) REGULATION 19 COMMISSIONER MAY CAUSE INFORMATION TO BE MARKED OR ANNOTATED
(Repealed by SLI No 39 of 2015)
History
Reg 19 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 50, effective 1 July 2015. Reg 19 formerly read:
REGULATION 19 COMMISSIONER MAY CAUSE INFORMATION TO BE MARKED OR ANNOTATED
19(1)
The Commissioner may cause or permit an officer of the Commissioner to make any marks, figures or annotations that the Commissioner thinks fit in or on any information given to the Commissioner.
19(2)
The marks, figures and annotations must be made in a way that makes them distinguishable from the information given to the Commissioner.
20
(Repealed) REGULATION 20 NEED TO GIVE INFORMATION IN THE REQUIRED FORM AND MANNER
(Repealed by SLI No 39 of 2015)
History
Reg 20 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 50, effective 1 July 2015. Reg 20 formerly read:
REGULATION 20 NEED TO GIVE INFORMATION IN THE REQUIRED FORM AND MANNER
20(1)
A person is not taken to have given information to the Commissioner for the Act or these Regulations until the Commissioner accepts the information.
20(2)
The Commissioner must accept the information if it:
(a)
gives a complete and accurate statement of all the matters required by the Act and these Regulations, to the extent that information about those matters is known to the person; and
(b)
is given in the form and manner required by the Act and these Regulations; and
(c)
is signed or otherwise identified by the person giving the information as required by the Act or these Regulations.
20(3)
The acceptance of any information by the Commissioner does not affect the requirements of the Act or these Regulations in relation to any other information given or to be given to the Commissioner.
21
(Repealed) REGULATION 21 COMMISSIONER MAY REQUEST INFORMATION
(Repealed by SLI No 39 of 2015)
History
Reg 21 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 50, effective 1 July 2015. Reg 21 formerly read:
REGULATION 21 COMMISSIONER MAY REQUEST INFORMATION
21
The Commissioner may at any time request any person or class of persons to give information in connection with the operation or possible future operation of the Act or these Regulations.
PART 3A - ADMINISTRATION
History
Pt 3A inserted by SR No 279 of 2004, reg 3 and Sch 1 item 2, effective 26 August 2004.
REGULATION 21A
REPORTS TO PARLIAMENT - DETAILS
21A(1)
For subsection
54(1) of the Act, the details are as follows:
(a)
the number of recipients of Government co-contributions during the quarter;
(b)
the total amount of Government co-contributions made during the quarter by the Commissioner;
(c)
the total amount of Government co-contributions recovered during the quarter as overpaid amounts under section
24 of the Act.
21A(2)
For paragraph
54(2)(b) of the Act, the details are as follows:
(a)
the number of recipients of Government co-contributions during the year;
(b)
the total amount of Government co-contributions made during the year by the Commissioner;
(c)
the total amount of Government co-contributions recovered during the year as overpaid amounts under section
24 of the Act.
21A(3)
For paragraph
54(2)(c) of the Act, the ranges of total income are mentioned in Part 1 of Schedule
7.
21A(4)
For paragraph
54(2)(d) of the Act, the ranges of taxable income are mentioned in Part 2 of Schedule
7.
History
Reg 21A inserted by SR No 279 of 2004, reg 3 and Sch 1 item 2, effective 26 August 2004.
REGULATION 21B
REPORTS TO PARLIAMENT - DETAILS ABOUT LOW INCOME SUPERANNUATION TAX OFFSETS
21B(1)
For subsection
12G(1) of the Act, the details to be included in a report for a quarter are the following:
(a)
the number of beneficiaries of a low income superannuation tax offset during the quarter;
(b)
the total amount of low income superannuation tax offsets made during the quarter by the Commissioner;
(c)
the total amount of low income superannuation tax offsets recovered during the quarter as overpaid amounts under section
24 of the Act.
21B(2)
For paragraph
12G(2)(b) of the Act, the details to be included in a report for a financial year are the following:
(a)
the number of beneficiaries of a low income superannuation tax offset made under subsection
12C(1) of the Act during the financial year;
(b)
the number of beneficiaries of a low income superannuation tax offset made under subsection
12C(2) of the Act during the financial year;
(c)
the total number of beneficiaries of a low income superannuation tax offset during the financial year;
(d)
the number of those beneficiaries with an adjusted taxable income, or estimated adjusted taxable income, for the income year that corresponds to the financial year, in each of the following ranges:
(i)
less than $1,000;
(ii)
at least $1,000 but less than $2,000;
(iii)
each subsequent range of $1,000 starting immediately after the previous range of $1,000, with the final range being at least $35,000 but less than $36,000;
(iv)
at least $36,000 but no more than $37,000;
(e)
the amount of low income superannuation tax offsets made under subsection
12C(1) of the Act during the financial year;
(f)
the amount of low income superannuation tax offsets made under subsection
12C(2) of the Act during the financial year;
(g)
the total amount of low income superannuation tax offsets made during the financial year by the Commissioner;
(h)
the total amount of low income superannuation tax offsets recovered during the financial year as overpaid amounts under section
24 of the Act.
21B(3)
For this regulation, a person's adjusted taxable income for an income year is worked out in accordance with Schedule
3 to the
A New Tax System (Family Assistance) Act 1999 (disregarding clauses
3 and
3A of that Schedule).
History
Reg 21B substituted by FRLI No F2017L00321, reg 4 and Sch 4 item 3, effective 2 July 2017. Reg 21B formerly read:
REGULATION 21B REPORTS TO PARLIAMENT - DETAILS ABOUT LOW INCOME SUPERANNUATION CONTRIBUTIONS
21B(1)
For subsection 12G(1) of the Act, the details to be included in a report for a quarter are the following:
(a)
the number of beneficiaries of a low income superannuation contribution during the quarter;
(b)
the total amount of low income superannuation contributions made during the quarter by the Commissioner;
(c)
the total amount of low income superannuation contributions recovered during the quarter as overpaid amounts under section 24 of the Act.
21B(2)
For paragraph 12G(2)(b) of the Act, the details to be included in a report for a financial year are the following:
(a)
the number of beneficiaries of a low income superannuation contribution made under subsection 12C(1) of the Act during the financial year;
(b)
the number of beneficiaries of a low income superannuation contribution made under subsection 12C(2) of the Act during the financial year;
(c)
the total number of beneficiaries of a low income superannuation contribution during the financial year;
(d)
the number of those beneficiaries with an adjusted taxable income, or estimated adjusted taxable income, for the income year that corresponds to the financial year, in each of the following ranges:
(i)
less than $1 000;
(ii)
at least $1 000 but less than $2 000;
(iii)
each subsequent range of $1 000 starting immediately after the previous range of $1 000, with the final range being at least $35 000 but less than $36 000;
(iv)
at least $36 000 but no more than $37 000;
(e)
the amount of low income superannuation contributions made under subsection 12C(1) of the Act during the financial year;
(f)
the amount of low income superannuation contributions made under subsection 12C(2) of the Act during the financial year;
(g)
the total amount of low income superannuation contributions made during the financial year by the Commissioner;
(h)
the total amount of low income superannuation contributions recovered during the financial year as overpaid amounts under section 24 of the Act.
21B(3)
For this regulation, a person's adjusted taxable income for an income year is worked out in accordance with Schedule 3 to the A New Tax System (Family Assistance) Act 1999 (disregarding clauses 3 and 3A of that Schedule).
Reg 21B inserted by SLI No 202 of 2013, reg 4 and Sch 1 item 5, effective 7 August 2013.
PART 4 - MISCELLANEOUS
22
(Repealed) REGULATION 22 SERVICES OF NOTICES ETC
(Repealed by SLI No 39 of 2015)
History
Reg 22 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 50, effective 1 July 2015. Reg 22 formerly read:
REGULATION 22 SERVICES OF NOTICES ETC
22(1)
Any notice or other document given by or on behalf of the Commissioner under the Act or these Regulations may be served on any person by:
(a)
delivering it personally to the person; or
(b)
leaving it at the person's address for service; or
(c)
sending it to the person's e-mail address; or
(d)
by posting it by prepaid letter post, addressed to the person at his or her address for service.
22(2)
In the absence of proof to the contrary, a notice or other document served on a person in accordance with subregulation (1) is taken to have been served:
(a)
for service in accordance with paragraph (1)(a), (b) or (c) - when the notice or document is delivered, left or transmitted; and
(b)
for service in accordance with paragraph (1)(d) - when the notice or document would, in the ordinary course of post, have arrived at the place to which it was addressed.
23
(Repealed) REGULATION 23 PRESUMPTION AS TO SIGNATURES
(Repealed by SLI No 39 of 2015)
History
Reg 23 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 50, effective 1 July 2015. Reg 23 formerly read:
REGULATION 23 PRESUMPTION AS TO SIGNATURES
23(1)
Judicial notice must be taken of the names and signatures of the persons who are, or were at any time, the Commissioner, a Second Commissioner, a Deputy Commissioner or a delegate of the Commissioner.
23(2)
A notice or other document that bears the written, printed or stamped name (including a facsimile of the signature) of a person who is, or was at any time, the Commissioner, a Second Commissioner, a Deputy Commissioner or a delegate of the Commissioner in place of that person's signature, is to be taken as signed by that person unless it is proved that the document was issued without authority.
REGULATION 24
AMOUNTS PAID OR REPAID TO BE ROUNDED UP
24(1)
If an amount to be paid under section
12,
21 or
22 of the Act is an amount of whole dollars and an amount of cents, the amount is to be rounded up to the nearest dollar.
24(2)
If an amount to be paid or repaid under the Act, other than under section
23 of the Act or subregulation (1), is not a multiple of 5 cents, the amount is to be increased to the nearest multiple of 5 cents.
PART 5 - TRANSITIONAL
History
Pt 5 inserted by SLI No 202 of 2013, reg 4 and Sch 1 item 6, effective 7 August 2013.
REGULATION 30
30
AMENDMENTS MADE BY THE
SUPERANNUATION AND CORPORATIONS LEGISLATION AMENDMENT (LOW INCOME SUPERANNUATION CONTRIBUTION) REGULATION 2013
The amendments made by items 1 to 5 and 7 of Schedule 1 to the
Superannuation and Corporations Legislation Amendment (Low Income Superannuation Contribution) Regulation 2013 apply in relation to the 2012-13 income year and later income years.
History
Reg 30 inserted by SLI No 202 of 2013, reg 4 and Sch 1 item 6, effective 7 August 2013.
REGULATION 31
NOMINATED ACCOUNTS FOR 2012-13 INCOME YEAR
31(1)
This regulation applies in relation to the payment of a low income superannuation contribution for the 2012-13 income year that is made in the financial year starting on 1 July 2013.
31(2)
For item 3 of the table in subregulation
5(1), the nomination of an eligible account for the purpose of receiving a Government co-contribution is also taken to be the nomination of an eligible account for the purpose of receiving the low income superannuation contribution.
History
Reg 31 inserted by SLI No 202 of 2013, reg 4 and Sch 1 item 6, effective 7 August 2013.
(Repealed) SCHEDULE 1 - CO-CONTRIBUTION REPAYMENT INFORMATION
(Repealed by SLI No 39 of 2015)
History
Sch 1 repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 51, effective 1 July 2015. Sch 1 formerly read:
SCHEDULE 1 - CO-CONTRIBUTION REPAYMENT INFORMATION
(regulation 6)
Part 1 - Supplier information
101 Name
102 Tax file number or Australian Business Number
103 Address
104 Name of contact person
105 Telephone number of contact person
106 Fax number of contact person
107 E-mail address of contact person
Part 2 - Superannuation provider information
201 Tax file number or Australian Business Number
202 Total repayment of Government co-contribution details (if reporting more than 1 repayment)
Part 3 - Government co-contribution information
301 The reference number for the Government co-contribution
302 The amount of the Government co-contribution
303 Reason for not accepting payment (including the date of death of the member, if that is the reason)
Part 4 - Destination information (if person's account was transferred to another superannuation provider)
401 Tax file number or Australian Business Number of destination superannuation provider
402 Destination type
403 Destination superannuation provider's member account number or product identification number
404 Destination superannuation provider client identifier (if known)
SCHEDULE 2 - GOVERNMENT CO-CONTRIBUTION PAYMENT INFORMATION
(regulation 8)
Part 1 - Payment to person or representative
101 Amount of the Government co-contribution
102 Financial year to which the Government co-contribution applies
103 Amount of eligible personal superannuation contributions or concessional contributions (whichever is relevant to the payment) for that financial year
104 The right to apply for a review under section 49 of the Act
Part 2 - Payment to superannuation provider
1 Superannuation provider
101 Name
102 Tax file number
103 Australian Business Number (if applicable)
104 Superannuation provider product identification number (if applicable)
105 Superannuation fund number (if applicable)
106 (Omitted by SR No 151 of 2004)
107 Address
2 The person
201 Name
202 Date of birth
203 Account number
204 Tax file number (if quoted to the provider)
3 Amounts
301 Government co-contribution amount
History
Sch 2 amended by SLI No 202 of 2013, reg 4 and Sch 1 item 7, by inserting "or concessional contributions (whichever is relevant to the payment)" after "contributions" in item 103 of Pt 1, effective 7 August 2013.
Sch 2 amended by SR No 151 of 2004, reg 3 and Sch 1 item 4, by omitting item 106 from Pt 2, effective 25 June 2004. The item formerly read:
106 Telephone number
SCHEDULE 3 - PROPOSED RECOVERY INFORMATION
(regulation 9)
Part 1 - Notice of proposed recovery - person or representative
101 The person's name
102 The person's tax file number
103 Amount of Government co-contribution
104 Amount to be recovered
105 Date by which amount must be paid
106 The right to apply for a review under section 49 of the Act
107 Reason that the Government co-contribution was overpaid
Part 2 - Notice of proposed recovery - superannuation provider
201 The person's name
202 The person's account number
203 The person's date of birth
204 The person's tax file number (if quoted to the provider)
205 (Repealed by SR No 151 of 2004)
206 Amount to be recovered
207 Date by which amount must be paid
Part 3 - Deduction or debit
301 The amount of the original Government co-contribution overpaid
302 The amount of the deduction or debit
303 If an amount is deducted from a later Government co-contribution or debited - the financial year for which the original Government co-contribution was paid
304 The financial year for the Government co-contribution from which the deduction or debit was made
305 The right to apply for a review under section 49 of the Act
306 (Repealed by SR No 151 of 2004)
307 The amount that has been debited from a Government co-contribution paid to an account in the Superannuation Holding Accounts Special Account
History
Sch 3 amended by SLI No 218 of 2005, reg 3 and Sch 1 item 32, by substituting ``an account in the Superannuation Holding Accounts Special Account'' for ``a Superannuation Holding Account Reserve account'' in item 307, effective 8 October 2005.
Sch 3 amended by SR No 151 of 2004, reg 3 and Sch 1 items 5 and 6, by omitting item 205 from Pt 2 and item 306 from Pt 3, effective 25 June 2004. The items formerly read:
205 Amount of Government co-contribution
306 The date the Government co-contribution overpayment amount was paid
(Repealed) SCHEDULE 4 - STATEMENTS GENERALLY
History
Sch 4 repealed by SLI No 72 of 2007, reg 3 and Sch 1 item 5, applicable in relation to a financial year commencing on or after 1 July 2007. Sch 4 formerly read:
SCHEDULE 4 - STATEMENTS GENERALLY
(regulation 10 and subregulation 18(1))
Part 1 - Superannuation providers
Bank account and contributions information
|
101 |
Bank account details |
102 |
For each member, whether the provider will accept Government co-contributions and, if so, the withdrawal benefit, within the meaning given by subregulation 1.03(1) of the Superannuation Industry (Supervision) Regulations 1994 or regulation 1.03 of the Retirement Savings Accounts Regulations 1997, that was reported at the last reporting date between the provider and the member |
Part 2 - Other information from Superannuation providers
Supplier information
|
201 |
Supplier number |
202 |
Run type (test/production) (for information in electronic form only) |
203 |
File creation date |
204 |
Preferred correspondence method |
205 |
Medium specification version number (that is, the specification version number used to create the file) |
206 |
Organisation name |
207 |
Australian Company Number (ACN) or Australian Registered Business Number (ARBN) |
208 |
Australian Business Number |
209 |
Contact name |
210 |
Contact telephone number |
211 | Contact facsimile number |
212 |
Street address |
213 |
Postal address |
214 |
e-mail address |
215 |
Supplier file reference |
216 |
ATO Corporate External Gateway User ID |
Superannuation provider information
|
217 |
Tax file number |
218 |
Australian Business Number |
219 |
Superannuation fund number (SFN) |
220 |
Date of report |
221 |
Current name |
222 |
Previous name (if any) |
223 |
Contact name |
224 |
Contact telephone number |
225 |
Contact facsimile number |
226 |
Street address |
227 |
Current postal address |
228 |
Previous postal address |
229 |
e-mail address |
230 |
Address for service indicator |
231 |
Financial year for which information is being given |
232 |
An indication (by a code or other symbol) of whether the superannuation provider is a deferred annuity provider |
233 |
Software product type |
234 |
Superannuation administrator indicator |
235 |
Fund benefit structure |
Member information
|
236 |
System code |
237 |
Superannuation provider member account number |
238 |
Superannuation provider client identifier |
239 |
Account benefit structure |
240 |
Account opened date |
241 |
Account status (whether active or closed) |
242 |
Tax file number (if given to the provider) |
243 |
Name |
244 |
Previous name (if any) |
245 |
Sex |
246 |
Date of birth |
247 |
Residential address |
248 |
Correspondence returned indicator |
249 |
An indication (by a code or other symbol) of whether the member's account is a deferred annuity account |
250 |
Date of death |
Part 3 - Further information in relation to contributions and contributed amounts
Contributed amounts paid/transferred out information
|
301 |
Destination type |
302 |
Name of destination superannuation provider |
303 |
Destination superannuation provider street address |
304 |
Destination superannuation provider postal address |
305 |
Destination superannuation provider superfund number (SFN) |
306 |
Destination superannuation provider member account number |
307 |
Destination superannuation provider client identifier |
308 |
Destination superannuation provider Australian Business Number |
309 |
Destination superannuation provider system or product code |
310 |
Unique superannuation provider reference for the contributed amount transferred out |
311 |
Date superannuation provider ceased holding contributions |
Part 4 - Further information
Further information
|
401 |
The amount of eligible personal superannuation contributions |
History
Sch 4 and 5 substituted for Sch 4, 5 and 6 by SLI No 140 of 2005, reg 3 and Sch 1 item 5, effective 1 July 2005. Sch 4 formerly read:
SCHEDULE 4 - STATEMENTS GENERALLY
(regulation 10)
Part 1 - Superannuation providers
101 Bank account details
102 The information mentioned in Schedule 3 to the Superannuation Contributions Tax (Assessment and Collection) Regulations 1997 under the headings `Supplier information', `Superannuation provider information' and `Member information'.
103 For each member, whether the provider will accept Government co-contributions and, if so, the withdrawal benefit, within the meaning given by subregulation 1.03(1) of the Superannuation Industry (Supervision) Regulations 1994 or regulation 1.03 of the Retirement Savings Accounts Regulations 1997, that was reported at the last reporting date between the provider and the member.
104 The information mentioned in Schedule 4 to the Superannuation Contributions Tax (Assessment and Collection) Regulations 1997.
Part 2 - Further information required from 1 July 2004
201 The amount of eligible personal superannuation contributions.
202 The amount paid or otherwise credited, allocated or attributed to an account of the member by a superannuation provider for the financial year, other than the following amounts:
(a) employer contributed amounts;
(b) post 20 August 1996 componentof an employer eligible termination payment rolled over on or after 1 July 1997;
(c) allocated surplus amounts;
(d) eligible personal superannuation contributions;
(e) any part of contributed amounts that is to be regarded as reasonably attributed to interest.
(Repealed) SCHEDULE 5 - TRANSFERRED AMOUNTS INFORMATION
History
Sch 5 repealed by SLI No 72 of 2007, reg 3 and Sch 1 item 5, applicable in relation to a financial year commencing on or after 1 July 2007. Sch 5 formerly read:
SCHEDULE 5 - TRANSFERRED AMOUNTS INFORMATION
(regulation 11)
Contributions and amounts
|
101 |
The amount of eligible personal superannuation contributions for the financial year in which the transfer took place |
Transferor superannuation provider information
|
102 |
Contact name |
103 |
Contact telephone number |
104 |
Contact facsimile number |
105 |
Contact e-mail address |
Member information
|
106 |
Tax file number (if given to the provider in connection with the operation or possible future operation of the Act) |
107 |
Name |
108 |
Previous name (if any) |
109 |
Sex |
110 |
Date of birth |
111 |
Residential address |
Contributed amounts information
|
112 |
Financial year to which the transferred contributed amount relates |
Note:
Schedule 6 is reserved for future use.
Sch 4 and 5 substituted for Sch 4, 5 and 6 by SLI No 140 of 2005, reg 3 and Sch 1 item 5, effective 1 July 2005. Sch 5 formerly read:
SCHEDULE 5 - TRANSFERRED AMOUNTS INFORMATION
(regulation 11)
101 The amount of eligible personal superannuation contributions for the financial year in which the transfer took place.
102 The amount paid or otherwise credited, allocated or attributed to an account of the member by a superannuation provider for the financial year in which the transfer took place, other than the following amounts:
(a) employer contributed amounts;
(b) post 20 August 1996 component of an employer eligible termination payment rolled over on or after 1 July 1997;
(c) allocated surplus amounts;
(d) eligible personal superannuation contributions;
(e) any part of contributed amounts that is to be regarded as reasonably attributed to interest.
103 The information mentioned in Schedule 5 to the Superannuation Contributions Tax (Assessment and Collection) Regulations 1997 under the headings 'Transferor superannuation provider information', 'Member information' and 'Contributed amounts information'.
SCHEDULE 6 - TAX FILE NUMBER STATEMENT
(subregulation 18(1))
History
Sch 4 and 5 substituted for Sch 4, 5 and 6 by SLI No 140 of 2005, reg 3 and Sch 1 item 5, effective 1 July 2005. Sch 6 formerly read:
101
The information mentioned in Schedule 3 to the Superannuation Contributions Tax (Assessment and Collection) Regulations 1997 under the headings ``Supplier information'', ``Superannuation provider information'' and ``Member information''
SCHEDULE 7 - DETAILS IN REPORTS TO PARLIAMENT
(subregulations 21A(3) and (4))
Part 1 - Ranges of total income
Item
|
Range of income
|
101 |
$0 to $999 |
102 |
$1 000 to $1 999 |
103 |
$2 000 to $2 999 |
104 |
$3 000 to $3 999 |
105 |
$4 000 to $4 999 |
106 |
$5 000 to $5 999 |
107 |
$6 000 to $6 999 |
108 |
$7 000 to $7 999 |
109 |
$8 000 to $8 999 |
110 |
$9 000 to $9 999 |
111 |
$10 000 to $10 999 |
112 |
$11 000 to $11 999 |
113 |
$12 000 to $12 999 |
114 |
$13 000 to $13 999 |
115 |
$14 000 to $14 999 |
116 |
$15 000 to $15 999 |
117 |
$16 000 to $16 999 |
118 |
$17 000 to $17 999 |
119 |
$18 000 to $18 999 |
120 |
$19 000 to $19 999 |
121 |
$20 000 to $20 999 |
122 |
$21 000 to $21 999 |
123 |
$22 000 to $22 999 |
124 |
$23 000 to $23 999 |
125 |
$24 000 to $24 999 |
126 |
$25 000 to $25 999 |
127 |
$26 000 to $26 999 |
128 |
$27 000 to $27 999 |
129 |
$28 000 to $28 999 |
130 |
$29 000 to $29 999 |
131 | $30 000 to $30 999 |
132 |
$31 000 to $31 999 |
133 |
$32 000 to $32 999 |
134 |
$33 000 to $33 999 |
135 |
$34 000 to $34 999 |
136 |
$35 000 to $35 999 |
137 |
$36 000 to $36 999 |
138 |
$37 000 to $37 999 |
139 |
$38 000 to $38 999 |
140 |
$39 000 to $39 999 |
141 |
$40 000 to $40 999 |
142 |
$41 000 to $41 999 |
143 |
$42 000 to $42 999 |
144 |
$43 000 to $43 999 |
145 |
$44 000 to $44 999 |
146 |
$45 000 to $45 999 |
147 |
$46 000 to $46 999 |
148 |
$47 000 to $47 999 |
149 |
$48 000 to $48 999 |
150 |
$49 000 to $49 999 |
151 |
$50 000 to $50 999 |
152 |
$51 000 to $51 999 |
153 |
$52 000 to $52 999 |
154 |
$53 000 to $53 999 |
155 |
$54 000 to $54 999 |
156 |
$55 000 to $55 999 |
157 |
$56 000 to $56 999 |
158 |
$57 000 to $57 999 |
Part 2 - Ranges of taxable income
Item
|
Range of income
|
201 |
$0 to $4 999 |
202 |
$5 000 to $9 999 |
203 |
$10 000 to $14 999 |
204 |
$15 000 to $19 999 |
205 |
$20 000 to $24 999 |
206 |
$25 000 to $29 999 |
207 |
$30 000 to $34 999 |
208 |
$35 000 to $39 999 |
209 |
$40 000 to $44 999 |
210 |
$45 000 to $49 999 |
211 |
$50 000 to $54 999 |
212 |
$55 000 to $59 999 |
213 |
$60 000 to $64 999 |
214 |
$65 000 to $69 999 |
215 |
$70 000 to $74 999 |
216 |
$75 000 to $79 999 |
217 |
$80 000 to $84 999 |
218 |
$85 000 to $89 999 |
219 |
$90 000 to $94 999 |
220 |
$95 000 to $99 999 |
221 |
$100 000 and above |
History
Sch 7 inserted by SR No 279 of 2004, reg 3 and Sch 1 item 3, effective 26 August 2004.