Commonwealth Consolidated Acts

SUPERANNUATION (CONSEQUENTIAL AMENDMENTS) ACT 2005 - SCHEDULE 4

1  Subsection 3(1) (after paragraph (e) of the definition of relevant body )

Insert:

                    (ea)  an approved authority for the purposes of the Superannuation Act 2005 ; or

2  Subsection 3(1) (subparagraph (a)(i) of the definition of relevant subsidiary )

After " Superannuation Act 1990 ", insert "or described in paragraph 8(3)(a), (b), (c) or (d) of the Superannuation Act 2005 ".

3  Subsection 3(1) (definition of superannuation benefits )

Omit "or the Superannuation Act 1990 ", substitute ", the Superannuation Act 1990 or the Superannuation Act 2005 ".

4  After subsection 6(1)

Insert:

          (1A)  Despite subsection (1), the prescribed requirements for the provision of superannuation benefits under a superannuation arrangement have no effect to the extent (if any) that compliance with those requirements could result in:

                     (a)  an employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ) becoming liable to pay superannuation guarantee charge; or

                     (b)  a Commonwealth Department (within the meaning of section 5 of the Superannuation Guarantee (Administration) Act 1992 ) becoming notionally liable to pay superannuation guarantee charge in accordance with subsection 5(2) of that Act; or

                     (c)  an untaxable Commonwealth authority (within the meaning of section 5 of the Superannuation Guarantee (Administration) Act 1992 ) becoming notionally liable to pay superannuation guarantee charge in accordance with subsection 5(2A) of that Act.

5  Subsection 6(6)

After "this section", insert "(other than subsection (1A))".

6  Paragraphs 8(a) and (b)

After " Superannuation Act 1990 ", insert ", the Superannuation Act 2005 ".