Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES

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Note: See section 3AA .

Chapter 4 - Generic assessment, collection and recovery rules

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PART 4-25 - CHARGES AND PENALTIES

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Division 288 - Miscellaneous administrative penalties

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SECTION 288-110 CONTRAVENTION OF SUPERANNUATION DATA AND PAYMENT REGULATION OR STANDARD

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Liability to penalty - RSA providers and trustees of eligible superannuation entities

288-110(1)
An entity is liable to an administrative penalty if the entity contravenes:

(a) subsection 34M(1) of the Superannuation Industry (Supervision) Act 1993 ; or

(b) subsection 45D(1) of the Retirement Savings Accounts Act 1997 .

288-110(2)
An entity is liable to an administrative penalty if the entity contravenes:

(a) subsection 34P(6) of the Superannuation Industry (Supervision) Act 1993 ; or

(b) subsection 45F(6) of the Retirement Savings Accounts Act 1997 .

Liability to penalty - employers

288-110(3)
An entity is liable to an administrative penalty if the entity contravenes:

(a) subsection 34N(1) of the Superannuation Industry (Supervision) Act 1993 ; or

(b) subsection 45E(1) of the Retirement Savings Accounts Act 1997 .

288-110(4)
An entity is liable to an administrative penalty if the entity contravenes:

(a) subsection 34Q(6) of the Superannuation Industry (Supervision) Act 1993 ; or

(b) subsection 45G(6) of the Retirement Savings Accounts Act 1997 .

Amount of the penalty

288-110(5)
The amount of the penalty is:

(a) for an administrative penalty under subsection (1) or (3) - 4 penalty units; or

(b) for an administrative penalty under subsection (2) or (4) - 10 penalty units.

Note:

The Commissioner is required to notify you of an administrative penalty: see section 298-10 .

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History

S 288-110 inserted by No 91 of 2012, s 3 and Sch 1 item 3, effective 29 June 2012. No 91 of 2012 (as amended by No 158 of 2012 and No 110 of 2014), s 3 and Sch 1 Pt 4 contains the following application provision:

Part 4 - Application provision
20 Application of amendments
(1)
The amendments made apply in relation to:

(a) a trustee of an eligible superannuation entity; or

(b) an RSA provider;
in relation to conduct that occurs on or after 1 July 2013.

(1A)
Subject to subitems (2), (3) and (3A), the amendments made by this Schedule apply in relation to an entity that is an employer in relation to conduct that occurs on or after 1 July 2015.
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History

S 20(1A) inserted by No 110 of 2014, s 3 and Sch 5 item 144, effective 1 July 2014.

(2)
The amendments made apply in relation to an entity that is a medium to large employer on 1 July 2014 in relation to conduct that occurs on or after 1 July 2014.

(3)
The amendments made apply in relation to an entity that is a small employer on 1 July 2014 in relation to conduct that occurs on or after:

(a) if paragraph (b) does not apply - 1 July 2015; or

(b) if the regulations prescribe a day after 1 July 2015 for the purposes of this paragraph - that day.

(3A)
The amendments made by this Schedule apply in relation to an entity in relation to conduct that occurs on or after a day (the test day ) in the period beginning on 2 July 2014 and ending on 30 June 2015 if:

(a) neither subitem (2) nor (3) applies to the entity; and

(b) the entity starts to be an employer on the test day; and

(c) at a time on the test day, the entity is a medium to large employer.
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History

S 20(3A) inserted by No 110 of 2014, s 3 and Sch 5 item 145, effective 1 July 2014.

(4)
In this item:
medium to large employer
, at a particular time, means an employer that employs 20 or more employees at that time.

small employer
, at a particular time, means an employer that employs fewer than 20 employees at that time.

(5)
For the purpose of calculating the number of employees employed by an employer at a particular time, count all employees employed by the employer at that time.

(6)
The Governor-General may make regulations prescribing matters:

(a) required or permitted to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect.

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