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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Superannuation
Contributions Surcharge (Consequential Amendments) Bill
1997
No. ,
1997
(Treasury)
A Bill
for an Act to amend various Acts in consequence of the enactment of the
Superannuation Contributions Surcharge (Assessment and Collection) Act
1997, and for related purposes
9700920—1,550/11.2.1997—(9/97) CAt.
No. 96 5897 1 ISBN 0644 496606
Contents
A Bill for an Act to amend various Acts in consequence of
the enactment of the Superannuation Contributions Surcharge (Assessment and
Collection) Act 1997, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Superannuation Contributions Surcharge
(Consequential Amendments) Act 1997.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 At the end of section 202
Add:
; and (l) to facilitate the administration of the Superannuation
Contributions Surcharge (Assessment and Collection) Act 1997 and the
Termination Payments Surcharge (Assessment and Collection) Act
1997.
2 Subsection 202DH(1)
After “1993,”, insert “the Superannuation
Contributions Surcharge (Assessment and Collection) Act 1997 or the
Termination Payments Surcharge (Assessment and Collection) Act
1997,”.
Note: The heading to section 202DH is replaced by the
heading “Tax file number quoted for superannuation or surcharge
purposes taken to be quoted for purposes of the taxation of eligible termination
payments”.
3 At the end of Division 4 of Part
VA
Add:
(1) If a person who is a beneficiary of an eligible superannuation entity
or of a regulated exempt public sector superannuation scheme or is the holder of
an RSA has quoted his or her tax file number as mentioned in
subregulation 98(8) or regulation 100 of the Income Tax Regulations,
the person is taken, so long as he or she continues to be such a beneficiary or
holder, to have quoted that tax file number to the trustee of the entity or
scheme or to the RSA provider, as the case may be, in connection with the
operation or possible future operation of the Superannuation Contributions
Surcharge (Assessment and Collection) Act 1997 and the Termination
Payments Surcharge (Assessment and Collection) Act 1997.
(2) In this section:
eligible superannuation entity and regulated exempt
public sector superannuation scheme have the same meanings as in
Part 25A of the Superannuation Industry (Supervision) Act
1993.
holder, RSA and RSA provider have
the same meanings as in the Retirement Savings Account Act
1997.
4 After paragraph
214A(2)(e)
Insert:
or (f) section 21 or 22 of the Superannuation Contributions
Surcharge (Assessment and Collection) Act 1997; or
(g) section 13 of the Termination Payments Surcharge (Assessment and
Collection) Act 1997;
1 Section 16
Insert:
Surcharge Acts means the Superannuation Contributions
Surcharge (Assessment and Collection) Act 1997 and the Termination
Payments Surcharge (Assessment and Collection) Act 1997.
2 At the end of section 129
Add “and the Surcharge Acts”.
3 At the end of paragraph
130(b)
Add “and the Surcharge Acts”.
4 Paragraph 131(1)(a)
After “this Act”, insert “and the Surcharge
Acts”.
5 At the end of section 132
Add “and the Surcharge Acts”.
6 At the end of subsection
133(1)
Add “and the Surcharge Acts”.
7 Paragraph 134(1)(b)
After “this Act,”, insert “or of this Act and the
Surcharge Acts,”.
8 At the end of subsection
134(1)
Add “or, if the request was not made before the commencement of
Schedule 2 to the Superannuation Contributions Surcharge (Consequential
Amendments) Act 1997, the operation or possible future operation of this Act
and the Surcharge Acts”.
9 Subsection 134(3)
Omit “operation of this Act”, substitute:
operation of:
(a) if the quotation was given before the commencement of Schedule 2 to
the Superannuation Contributions Surcharge (Consequential Amendments) Act
1997—this Act; or
(b) otherwise—this Act and the Surcharge Acts.
10 At the end of subsection
135(1)
Add “and the Surcharge Acts”.
11 At the end of paragraph
136(1)(b)
Add “and the Surcharge Acts”.
12 Section 137
After “this Act”, insert “and the Surcharge
Acts”.
13 Paragraph 137(b)
After “this Act”, insert “and the Surcharge
Acts”.
14 Paragraph 138(c)
After “this Act”, insert “and the Surcharge
Acts”.
15 Paragraph 139(a)
Omit “this Act or the Superannuation Industry (Supervision) Act
1993”, substitute “this Act and the Surcharge Acts, or the
Superannuation Industry (Supervision) Act 1993 and the Surcharge Acts, as
the case may be”.
16 Paragraph 140(2)(a)
After “this Act”, insert “and the Surcharge
Acts”.
17 Paragraph 141(a)
After “this Act”, insert “and the Surcharge
Acts”.
18 Subparagraph
142(3)(a)(ii)
After “this Act”, insert “and the Surcharge
Acts”.
19 At the end of Division 6 of Part
11
Add:
(1) Despite the amendments made to this Part by Schedule 2 to the
Superannuation Contributions Surcharge (Consequential Amendments) Act
1997, this Part as it applied immediately before the commencement of that
Schedule continues to apply to:
(a) an employee who, before that commencement, quoted his or her tax file
number to his or her employer in connection with the operation or the possible
future operation of this Act; or
(b) a holder, or a person applying to become a holder, of an RSA who,
before that commencement, quoted his or her tax file number to the RSA provider
in connection with the operation or the possible future operation of this
Act;
as if those amendments had not been made.
(2) If:
(a) before the commencement of Schedule 2 to the Superannuation
Contributions Surcharge (Consequential Amendments) Act 1997, an employee
quoted his or her tax file number to his or her employer in connection with the
operation or the possible future operation of this Act; and
(b) the employer notifies the employee in writing that the employer
intends to inform an RSA provider of the employee’s tax file number unless
the employee tells the employer, within 30 days after the day on which the
notification is received, that the employee objects to the employer informing
the RSA provider of the tax file number; and
(c) the employee does not tell the employer within that period that the
employee objects to the employer informing the RSA provider of the tax file
number;
subsection (1) does not apply to the employee, and the employee is taken to
have quoted the tax file number to the employer in connection with the operation
or the possible future operation of this Act and the Surcharge Acts.
(3) If:
(a) before the commencement of Schedule 2 to the Superannuation
Contributions Surcharge (Consequential Amendments) Act 1997, a holder, or a
person applying to become a holder, of an RSA has quoted his or her tax file
number to the RSA provider in connection with the operation or the possible
future operation of this Act; and
(b) the RSA provider notifies the holder or applicant in writing that the
provider intends to inform the Commissioner of Taxation, another RSA provider or
the trustee of a superannuation entity or of a regulated exempt public sector
superannuation scheme of the tax file number unless the holder or applicant
tells the provider, within 30 days after the day on which the notification is
received, that the holder or applicant objects to the provider informing the
Commissioner of Taxation, the other RSA provider or the trustee of the entity or
scheme, as the case may be, of the tax file number; and
(c) the holder or applicant does not tell the provider within that period
that the holder or applicant objects to the provider informing the Commissioner
of Taxation, the other RSA provider or the trustee of the entity or scheme, as
the case may be, of the tax file number;
subsection (1) does not apply to the holder or applicant, and the holder or
applicant is taken to have quoted the tax file number to the RSA provider in
connection with the operation or the possible future operation of this Act and
the Surcharge Acts.
1 After subsection 67(2)
Insert:
(2A) Subsection (1) does not prohibit the trustee of a regulated
superannuation fund from borrowing money if:
(a) the purpose of the borrowing is to enable the trustee to make a
payment of surcharge or advance instalment which the trustee is required to make
under the Superannuation Contributions Surcharge (Assessment and Collection)
Act 1997 and which, apart from the borrowing, the trustee would not be able
to make; and
(b) the period of the borrowing does not exceed 90 days; and
(c) if the borrowing were to take place, the total amount borrowed by the
trustee would not exceed 10% of the value of the assets of the fund.
2 At the end of section
299A
Add “and the Surcharge Acts”.
3 At the end of paragraph
299B(b)
Add “and the Surcharge Acts”.
4 Paragraph 299C(1)(a)
After “this Act”, insert “and the Surcharge
Acts”.
5 At the end of section
299D
Add “and the Surcharge Acts”.
6 At the end of subsection
299E(1)
Add “and the Surcharge Acts”.
7 At the end of subsection
299F(1)
Add “or, if the request was not made before the commencement of
Schedule 3 to the Superannuation Contributions Surcharge (Consequential
Amendments) Act 1997, the operation or the possible future operation of this
Act and the Surcharge Acts”.
8 Subsection 299F(3)
Omit “operation of this Act”, substitute:
operation of:
(a) if the quotation was given before the commencement of Schedule 3 to
the Superannuation Contributions Surcharge (Consequential Amendments) Act
1997—this Act; or
(b) otherwise—this Act and the Surcharge Acts.
9 Paragraph 299G(1)(b)
After “this Act,”, insert “or of this Act and the
Surcharge Acts,”.
10 At the end of subsection
299G(1)
Add “or, if the request was not made before the commencement of
Schedule 3 to the Superannuation Contributions Surcharge (Consequential
Amendments) Act 1997, the operation or possible future operation of this Act
and the Surcharge Acts”.
11 Subsection 299G(3)
Omit “operation of this Act”, substitute:
operation of:
(a) if the quotation was given before the commencement of Schedule 3 to
the Superannuation Contributions Surcharge (Consequential Amendments) Act
1997—this Act; or
(b) otherwise—this Act and the Surcharge Acts.
12 At the end of subsection
299H(1)
Add “and the Surcharge Acts”.
13 At the end of subsection
299J(1)
Add “and the Surcharge Acts”.
14 At the end of subsection
299K(1)
Add “and the Surcharge Acts”.
15 At the end of subsection
299L(1)
Add “and the Surcharge Acts”.
16 At the end of paragraph
299M(1)(b)
Add “and the Surcharge Acts”.
17 At the end of paragraph
299N(1)(b)
Add “and the Surcharge Acts”.
18 Section 299P
After “this Act” (first occurring), insert “and the
Surcharge Acts”.
19 Paragraph 299P(b)
After “this Act”, insert “and the Surcharge
Acts”.
20 Paragraph 299Q(c)
After “this Act”, insert “and the Surcharge
Acts”.
21 Paragraph 299R(1)(a)
After “this Act”, insert “and the Surcharge
Acts”.
22 Paragraph 299R(2)(a)
After “this Act”, insert “and the Surcharge
Acts”.
23 Paragraph 299S(2)(a)
After “this Act”, insert “and the Surcharge
Acts”.
24 Paragraph 299T(d)
After “this Act”, insert “and the Surcharge
Acts”.
25 Subparagraph
299U(4)(a)(ii)
After “this Act”, insert “and the Surcharge
Acts”.
26 Section 299W
Insert:
Surcharge Acts means the Superannuation Contributions
Surcharge (Assessment and Collection) Act 1997 and the Termination
Payments Surcharge (Assessment and Collection) Act 1997.
27 At the end of Part 25A
Add:
(1) Despite the amendments made to this Part by Schedule 3 to the
Superannuation Contributions Surcharge (Consequential Amendments) Act
1997, this Part as it applied immediately before the commencement of that
Schedule continues to apply to:
(a) an employee who, before that commencement, quoted his or her tax file
number to his or her employer in connection with the operation or the possible
future operation of this Act; or
(b) a beneficiary, or an applicant to become a beneficiary, of an eligible
superannuation entity or of a regulated exempt public sector superannuation
scheme who, before that commencement, quoted his or her tax file number to the
trustee of the entity or scheme in connection with the operation or the possible
future operation of this Act;
as if those amendments had not been made.
(2) If:
(a) before the commencement of Schedule 3 to the Superannuation
Contributions Surcharge (Consequential Amendments) Act 1997, an employee
quoted his or her tax file number to his or her employer in connection with the
operation or the possible future operation of this Act; and
(b) the employer notifies the employee in writing that the employer
intends to inform the trustee of an eligible superannuation entity or of a
regulated exempt public sector superannuation scheme of the employee’s tax
file number unless the employee tells the employer, within 30 days after the day
on which the notification is received, that the employee objects to the employer
informing the trustee of the tax file number; and
(c) the employee does not tell the employer within that period that the
employee objects to the employer informing the trustee of the tax file
number;
subsection (1) does not apply to the employee, and the employee is
taken to have quoted the tax file number to the employer in connection with the
operation or the possible future operation of this Act and the Surcharge
Acts.
(3) If:
(a) before the commencement of Schedule 3 to the Superannuation
Contributions Surcharge (Consequential Amendments) Act 1997, a beneficiary,
or an applicant to become a beneficiary, of an eligible superannuation entity or
of a regulated exempt public sector superannuation scheme has quoted his or her
tax file number to the trustee of the entity or scheme in connection with the
operation or the possible future operation of this Act; and
(b) the trustee notifies the beneficiary or applicant in writing that the
trustee intends to inform the Commissioner of Taxation, the trustee of another
such entity or scheme or an RSA provider of the tax file number unless the
beneficiary or applicant tells the trustee, within 30 days after the day on
which the notification is received, that the beneficiary or applicant objects to
the trustee informing the Commissioner of Taxation, the trustee of the other
entity or scheme or the RSA provider, as the case may be, of the tax file
number; and
(c) the beneficiary or applicant does not tell the trustee within that
period that the beneficiary or applicant objects to the trustee informing the
Commissioner of Taxation, the trustee of the other entity or scheme or the RSA
provider, as the case may be, of the tax file number;
subsection (1) does not apply to the beneficiary or applicant, and the
beneficiary or applicant is taken to have quoted the tax file number to the
trustee in connection with the operation or the possible future operation of
this Act and the Surcharge Acts.
1 Subsection 3(2) (definition of
complainant)
After “15B,”, insert “15CA,”.
2 Subsection 3(2) (definition of
complaint)
After “15B,”, insert “15CA,”.
3 Subsection 3(2) (definition of review
meeting)
After “trustee”, insert “or superannuation
provider”.
4 Subsection 3(2)
Insert:
superannuation provider has the same meaning as in the
Superannuation Contributions Surcharge (Assessment and Collection) Act
1997.
5 After section 15C
Insert:
(1) If a superannuation provider has given the Commissioner of Taxation
under section 13 of the Superannuation Contributions Surcharge
(Assessment and Collection) Act 1997 a statement setting out an amount or
amounts in respect of a person’s contributed amounts, the person may make
a complaint (other than an excluded complaint) to the Tribunal that the decision
to set out the amount or amounts in the statement in respect of the contributed
amounts was unfair or unreasonable.
(2) If a person who is given by a superannuation provider a copy of a
statement given by the provider to the Commissioner under section 13 of the
Superannuation Contributions Surcharge (Assessment and Collection) Act
1997 is also given by the provider a notice setting out the prescribed
period within which the person must complain to the Tribunal about the decision,
the person may only make a complaint to the Tribunal under this section within
that period.
(3) The Tribunal cannot deal with a complaint under this section that must
be made within the prescribed period referred to in subsection (2) if the
complaint is not made within that period.
(4) The Tribunal cannot deal with a complaint under this section to the
extent that it relates to excluded subject matter.
(5) A complaint under this section is to be made by sending or delivering
a written complaint to the office of the Tribunal.
6 After subsection 17(2)
Insert:
(2A) If the complainant sends or delivers a complaint under
section 15CA to an office of the Tribunal, the Tribunal must:
(a) by notice in writing given to the complainant, acknowledge receipt of
the complaint; and
(b) by notice in writing given to the superannuation provider
concerned:
(i) tell the provider that a complaint has been made to the Tribunal and
identify the complainant; and
(ii) give details of the complaint; and
(iii) tell the provider of the provider’s obligations under
section 24AA.
7 After subsection 17A(3)
Insert:
(3A) If:
(a) a person has made a complaint under section 15CA; and
(b) the Tribunal decides, under subsection 18(3AA), that a person
should be joined as a party to the complaint;
the Tribunal must, by notice in writing given to the new party and to all
of the existing parties to the complaint:
(c) tell them that it has so decided and of its reasons for so deciding;
and
(d) tell the new party of the party’s obligations under
section 24AA.
8 Paragraph 17A(4)(a)
After “15B,”, insert “15CA,”.
9 Paragraph 17A(4)(c)
After “(3)(c),”, insert “(3AA)(b),”.
10 After subsection 18(3)
Insert:
(3AA) The parties to a complaint under section 15CA are:
(a) the complainant; and
(b) the superannuation provider; and
(c) if any other person has applied to the Tribunal to be made a party to
the complaint (whether under section 24A or otherwise) and the Tribunal
decides that the person should be a party to the complaint—that
person.
11 After subsection 19(2)
Insert:
(2A) The Tribunal cannot deal with a complaint under section 15CA
unless the complainant satisfies the Tribunal that the complainant has made all
reasonable efforts to have the complaint resolved by the superannuation provider
to which the complaint relates.
12 After section 24
Insert:
(1) Subject to subsection (2), if a superannuation provider is
notified under section 17 of the making of a complaint under
section 15CA, the provider must, within 28 days after receiving the notice
or any longer period that the Tribunal allows, give the Tribunal a copy of all
documents or parts of documents:
(a) that are in the possession, or under the control, of the provider;
and
(b) that are considered by the provider to be relevant to the
complaint.
(2) The Tribunal may, on a request being made by a superannuation
provider, allow the provider to give a summary of all documents or relevant
parts of documents referred to in subsection (1) within a period allowed by
the Tribunal for the purpose.
(3) A request under subsection (2) must be made within the period
allowed for giving the Tribunal copies of documents or parts of documents under
subsection (1) or any longer period that the Tribunal allows under that
subsection.
(4) If a person is notified under subsection 17A(3A) that the person
has been joined as a party to a complaint under section 15AC, the Tribunal
may, by notice in writing given to the person before, or while, the complaint is
being dealt with, require the person to give the Tribunal, within a period
stated in the notice or any longer period that the Tribunal allows, copies of
any documents relevant to the complaint that the Tribunal specifies in the
notice.
(5) The superannuation provider, or any other person joined as a party to
the complaint, must not intentionally refuse or fail to comply with this
section.
Penalty: Imprisonment for 6 months.
13 Paragraph 24A(6)(a)
After “15B,”, insert “15CA,”.
14 Subsection 25(1)
After “24” (wherever occurring), insert “or
24AA”.
15 After subsection 26(1A)
Insert:
(1AA) Subject to this section, making a complaint under section 15CA
about a decision of a superannuation provider to set out an amount in a
statement given to the Commissioner of Taxation does not prevent the
Commissioner from taking any action on the basis of the amount set out in the
statement.
16 After subsection 26(2A)
Insert:
(2AA) The Tribunal may, on a request being made by a person making a
complaint under section 15CA about a decision of a superannuation provider
to set out an amount, in a statement given to the Commissioner of Taxation, as
an amount of surchargeable contributions, if it thinks it is desirable to do so
after taking into account the interests of any person who may be affected by the
request, make an order preventing the Commissioner from taking any action on the
basis of the amount set out in the statement.
17 Subsection 26(3)
After “(2A),”, insert “(2AA),”.
18 Subsection 26(4)
After “(2A),” (wherever occurring), insert
“(2AA),”.
19 Subsection 26(5)
After “(2A),”, insert “(2AA),”.
20 After section 37C
Insert:
(1) For the purpose of reviewing a decision of a superannuation provider
that is the subject of a complaint under section 15CA:
(a) the Tribunal has all the powers, obligations and discretions that are
conferred on the superannuation provider; and
(b) subject to subsection (4), must make a determination in
accordance with subsection (2).
(2) On reviewing the decision, the Tribunal must make a determination in
writing:
(a) affirming the decision; or
(b) remitting the matter to which the decision relates to the
superannuation provider for reconsideration in accordance with the
Tribunal’s directions; or
(c) varying the decision; or
(d) setting aside the decision and substituting a decision for the
decision so set aside.
(3) The Tribunal may only exercise its determination-making power under
subsection (2) for the purpose of placing the complainant as nearly as
practicable in such a position that the unfairness, unreasonableness, or both,
that the Tribunal has determined to exist in relation to the superannuation
provider’s decision to which the complaint relates no longer
exists.
(4) The Tribunal must not do anything under subsection (2) that would
be contrary to law.
(5) The Tribunal must affirm a decision referred to in subsection (2)
if it is satisfied that the decision, in its operation in relation to the
complainant, was fair and reasonable in all the circumstances.
21 After subsection 47(2B)
Insert:
(2C) If:
(a) an appeal is brought to the Federal Court from a determination of the
Tribunal; and
(b) the Tribunal’s determination was made as a result of a complaint
under section 15CA;
the Court or a Judge of the Court may make such order or orders preventing
the Commissioner of Taxation from taking any action on the basis of an
amount:
(c) set out in the statement referred to in that section as affected by
the Tribunal’s determination; or
(d) set out in the statement referred to in that section under the
decision that is complained of;
as the Court thinks appropriate to secure the effectiveness of the hearing
and determination of the appeal.
22 Subsection 47(3)
Omit “or (2B)”, substitute “, (2B) or
(2C)”.
23 Subsection 47(4)
Omit “or (2B)”, substitute “, (2B) or
(2C)”.
24 Subsection 59(1)
After “24,”, insert “24AA,”.
25 Subsection 59(2)
After “(2A),”, insert “(2AA),”.
1 After Part IIB
Insert:
Expressions used in this Part that are defined in the Superannuation
Contributions (Assessment and Collection) Act 1997 have the same meanings as
in that Act.
If:
(a) an assessment is made under the Superannuation Contributions
(Assessment and Collection) Act 1997 in respect of a person’s
liability to pay superannuation contributions surcharge or an advance
instalment; and
(b) the person has paid the assessed amount of the surcharge or
instalment; and
(c) the assessment is amended (otherwise than under section 18 of
that Act) reducing the liability of the person to pay surcharge or the
instalment;
interest is payable by the Commissioner to the person in accordance with
this Part on the amount by which the surcharge or instalment payable by the
person under the amended assessment is less than the surcharge or instalment
that was paid by the person under the assessment that was amended.
The interest is payable for the period that:
(a) started on the later of the following days:
(i) the day on which the amount of the surcharge or advance instalment was
paid;
(ii) the day by which the amount of the surcharge or advance instalment
was required to be paid; and
(b) ends on the day on which the assessment was amended.
Interest under this Part is payable at such annual rate or rates as are
provided for by section 214A of the Income Tax Assessment Act, less 4
percentage points.
Expressions used in this Part that are defined in the Termination
Payments (Assessment and Collection) Act 1997 have the same meanings as in
that Act.
If:
(a) an assessment is made under the Termination Payments (Assessment
and Collection) Act 1997 in respect of a taxpayer’s liability to pay
termination payments surcharge; and
(b) the taxpayer has paid the assessed amount of the surcharge;
and
(c) the assessment is amended reducing the liability of the taxpayer to
pay surcharge;
interest is payable by the Commissioner to the taxpayer in accordance with
this Part on the amount by which the surcharge payable by the taxpayer under the
amended assessment is less than the surcharge that was paid by the taxpayer
under the assessment that was amended.
The interest is payable for the period that:
(a) started on the later of the following days:
(i) the day on which the amount of the surcharge was paid;
(ii) the day by which the amount of the surcharge was required to be paid;
and
(b) ends on the day on which the assessment was amended.
Interest under this Part is payable at such annual rate or rates as are
provided for by section 214A of the Income Tax Assessment Act, less 4
percentage points.