SUPERANNUATION (GOVERNMENT CO-CONTRIBUTION FOR LOW INCOME EARNERS) ACT 2003 - NOTES
SUPERANNUATION (GOVERNMENT CO-CONTRIBUTION FOR LOW INCOME EARNERS) ACT 2003 - NOTES
No. 110, 2003
Compilation No. 28
Compilation date: 1 July 2018
Includes amendments up to: Act No. 132, 2017
Registered: 8 August 2018
About this compilation
This compilation
This is a compilation of the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 that shows the text of the law as amended and in force on 1 July 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Act binds Crown
4 Geographical application of Act
5 Overview of the Act
Part 2--Government co-contribution in respect of low income earners
Division 1--Government co-contribution
6 Person in respect of whom Government co-contribution payable
7 Contributions that attract matching Government co-contributions
8 Total income for income year
Division 2--Amount of the Government co-contribution
9 Basic rule--Government co-contribution matches personal contributions
10 Taper based on total income for the income year
10A Increases in lower and higher income threshold
11 Minimum Government co-contribution
12 Government co-contribution increased by interest amount if paid late in certain circumstances
12A Amount of the Government co-contribution for 2005-06 income year
Part 2A--Low income superannuation tax offset
12B Reference to Government co-contribution includes reference to low income superannuation tax offset
12C Person entitled to low income superannuation tax offset
12E Amount of low income superannuation tax offset
12F Consequences if estimates no longer accurate
12G Reports on this Part
Part 3--Determination that Government co-contribution payable
13 Commissioner's determination
14 Matters Commissioner has regard to in making determination
Part 4--Payment of the Government co-contribution
15 Commissioner to determine where the Government co-contribution payment is to be directed
16 Superannuation provider to return Government co-contribution that cannot be credited to account
17 Payment of Government co-contribution
18 Commissioner to give information if co-contribution paid
Part 5--Underpayments and overpayments
Division 1--Underpayments
19 Underpayment determinations
20 Superannuation provider to return underpaid amount that cannot be credited to account
21 Government co-contribution increased by interest amount if underpaid amount paid late in certain circumstances
22 Government co-contribution increased by interest amount if underpaid amount due to administrative error
23 Small underpayments
Division 2--Recovery of overpayments
24 Recovery of overpayment of Government co-contribution in respect of a person
Part 5A--General interest charge
25 When general interest charge payable
Part 6--Enforcement
Division 1--Record keeping obligations
32 Records to be kept and retained by superannuation provider
Division 2--Infringement notices
33 When an infringement notice can be served
34 Matters to be included in an infringement notice
35 Withdrawal of infringement notice
36 What happens if penalty is paid
37 More than one infringement notice may not be served for the same offence
38 Infringement notice not required to be served
39 Commissioner may extend period for payment of penalty
Part 7--Administration
Division 1--General administration
46 Commissioner to have general administration of the Act
47 Decisions to be in writing
48 Commissioner may arrange for use of computer programs to make decisions
Division 2--Review of decisions
49 Review of decisions
50 Authorised review officers
51 Withdrawal of review applications
Division 3--Other administrative matters
52 Tax file numbers
54 Reports
Part 8--Miscellaneous
55 Regulations
Part 9--Dictionary
56 Dictionary
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions | ||
Superannuation (Government Co-contribution for Low Income Earners) Act 2003 | 110, 2003 | 12 Nov 2003 | 12 Nov 2003 |
| ||
Superannuation Laws Amendment (2004 Measures No. 1) Act 2004 | 92, 2004 | 29 June 2004 | 29 June 2004 | Sch. 1 (item 6) and Sch. 2 (item 17) | ||
106, 2004 | 30 June 2004 | 30 June 2004 | Sch. 1 (item 6) | |||
8, 2005 | 22 Feb 2005 | s. 4 and Schedule 1 (items 411-416, 496): Royal Assent | s. 4 and Sch. 1 (item 496) | |||
Tax Laws Amendment (2006 Measures No. 2) Act 2006 | 58, 2006 | 22 June 2006 | Schedule 7 (items 268, 269): Royal Assent | -- | ||
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 | 101, 2006 | 14 Sept 2006 | Schedule 2 (items 1017, 1054) and Schedule 6 (items 1, 6-11): Royal Assent | Sch. 6 (items 1, 6-11) | ||
9, 2007 | 15 Mar 2007 | Schedule 4 (items 1-5, 16) and Schedule 6: Royal Assent | Sch. 4 (item 16) and Sch. 6 (item 9) | |||
Superannuation Legislation Amendment (Simplification) Act 2007 | 15, 2007 | 15 Mar 2007 | Schedule 1 (items 340-345): 15 Mar 2007 (s 2(1) item 2) | -- | ||
Superannuation Laws Amendment (2007 Budget Co-contribution Measure) Act 2007 | 67, 2007 | 15 May 2007 | 15 May 2007 | -- | ||
First Home Saver Accounts (Consequential Amendments) Act 2008 | 45, 2008 | 25 June 2008 | Schedule 3 (item 37): 26 June 2008 | -- | ||
First Home Saver Accounts (Further Provisions) Amendment Act 2008 | 92, 2008 | 30 Sept 2008 | Schedule 1 (items 23, 26): 1 Oct 2008 | Sch. 1 (item 26) | ||
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--Superannuation) Act 2008 | 134, 2008 | 4 Dec 2008 | Schedule 4 (items 6, 7): 1 July 2008 | Sch. 4 (item 7) | ||
Tax Laws Amendment (2009 Measures No. 1) Act 2009 | 27, 2009 | 26 Mar 2009 | Schedule 2 (items 58, 59, 71) and Schedule 3 (items 88, 102(1)): 27 Mar 2009 | Sch. 2 (item 71) and Sch. 3 (item 102(1)) | ||
Tax Laws Amendment (2009 Budget Measures No. 1) Act 2009 | 62, 2009 | 29 June 2009 | Schedule 2: Royal Assent | Sch. 2 (item 7) | ||
Tax Laws Amendment (2010 Measures No. 3) Act 2010 | 90, 2010 | 29 June 2010 | Schedule 1: 1 July 2010 | Sch. 1 (item 7) | ||
Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 | 145, 2010 | 16 Dec 2010 | Schedule 2 (items 74-79): 17 Dec 2010 | -- | ||
46, 2011 | 27 June 2011 | Schedule 2 (item 1087) and Schedule 3 (items 10, 11): 27 Dec 2011 | Sch. 3 (items 10, 11) | |||
Tax Laws Amendment (Stronger, Fairer, Simpler and Other Measures) Act 2012 | 23, 2012 | 29 Mar 2012 | Schedule 4: 29 Mar 2012 | Sch. 4 (item 7) | ||
Tax and Superannuation Laws Amendment (2012 Measures No. 1) Act 2012 | 75, 2012 | 27 June 2012 | Schedule 4 (items 11, 12, 20): Royal Assent | Sch. 4 (item 20) | ||
Superannuation Legislation Amendment (New Zealand Arrangement) Act 2012 | 181, 2012 | 10 Dec 2012 | Schedule 1 (items 9, 12): 1 July 2013 (see Gazette 2013, No GN25) | Sch. 1 (item 12) | ||
82, 2013 | 28 June 2013 | Schedule 2: Royal Assent | Sch. 2 (item 15) | |||
Tax and Superannuation Laws Amendment (2013 Measures No. 2) Act 2013 | 85, 2013 | 28 June 2013 | Schedule 6: Royal Assent | Sch. 6 (item 10) | ||
Tax Laws Amendment (Fairer Taxation of Excess Concessional Contributions) Act 2013 | 118, 2013 | 29 June 2013 | Sch 1 (items 27, 28, 110): Royal Assent | Sch 1 (item 110) | ||
Tax Laws Amendment (2013 Measures No. 2) Act 2013 | 124, 2013 | 29 June 2013 | Sch 1 (items 29, 32(2)): 30 June 2013 | Sch 1 (item 32(2)) | ||
Minerals Resource Rent Tax Repeal and Other Measures Act 2014 | 96, 2014 | 5 Sept 2014 | Sch 7: 1 July 2017 (s 2(1) item 4) | |||
as amended by |
|
|
|
| ||
Treasury Laws Amendment (Fair and Sustainable Superannuation) Act 2016 | 81, 2016 | 29 Nov 2016 | Sch 4 (items 7, 8): 2 July 2017 (s 2(1) item 3) | -- | ||
2, 2015 | 25 Feb 2015 | Sch 2 (items 7, 73, 112, 113): 25 Feb 2015 (s 2(1) items 3, 5) | Sch 2 (item 73) | |||
as amended by |
|
|
|
| ||
Tax and Superannuation Laws Amendment (2015 Measures No. 1) Act 2015 | 70, 2015 | 25 June 2015 | Sch 6 (item 64): 25 Feb 2015 (s 2(1) item 19) | -- | ||
Tax and Superannuation Laws Amendment (2015 Measures No. 1) Act 2015 | 70, 2015 | 25 June 2015 | Sch 1 (items 145, 146, 195-205): 1 July 2015 (s 2(1) items 3, 6) | Sch 1 (items 195-205) | ||
Treasury Laws Amendment (Fair and Sustainable Superannuation) Act 2016 | 81, 2016 | 29 Nov 2016 | Sch 3 (items 7-9): 1 Jan 2017 (s 2(1) item 2) | Sch 3 (item 9) and Sch 4 (item 6) | ||
Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Act 2017 | 132, 2017 | 13 Dec 2017 | Sch 1 (item 36): 1 July 2018 (s 2(1) item 2) | -- | ||
Provision affected | How affected |
Part 1 |
|
s 5..................... | am No 92, 2004; No 15, 2007; No 23, 2012; No 82, 2013; No 96, 2014; No 2, 2015; No 81, 2016 |
Part 2 |
|
Division 1 |
|
s. 6..................... | am. No. 92, 2004; No. 9, 2007; No. 27, 2009; No. 75, 2012; No 118, 2013; No 81, 2016 |
s. 7..................... | am. Nos. 9 and 15, 2007; Nos. 45 and 92, 2008; No 181, 2012; No 70, 2015 |
s 8..................... | am No 9, 2007; No 27, 2009; No 75, 2012; No 118, 2013; No 132, 2017 |
Division 2 |
|
s. 9..................... | am. No. 106, 2004; No. 62, 2009; No. 90, 2010; No. 85, 2013 |
s. 10.................... | am. No. 106, 2004; No. 62, 2009; No. 90, 2010; No. 85, 2013 |
s. 10A................... | am. No. 106, 2004; No. 90, 2010; Nos 85 and 124, 2013 |
s. 12.................... | am. No. 92, 2004 |
s. 12A................... | ad. No. 67, 2007 |
Part 2A |
|
Part 2A.................. | ad No 23, 2012 |
| rep No 96, 2014 |
| ad No 81, 2016 |
s 12B................... | ad No 23, 2012 |
| am No 82, 2013 |
| rep No 96, 2014 |
| ad No 81, 2016 |
s 12C................... | ad No 23, 2012 |
| am. No. 82, 2013 |
| rep No 96, 2014 |
| ad No 81, 2016 |
s 12D................... | ad No 23, 2012 |
| rep No 82, 2013 |
s 12E................... | ad No 23, 2012 |
| am No 82, 2013 |
| rep No 96, 2014 |
| ad No 81, 2016 |
s 12F................... | ad No 82, 2013 |
| rep No 96, 2014 |
| ad No 81, 2016 |
s 12G................... | ad No 82, 2013 |
| rep No 96, 2014 |
| ad No 81, 2016 |
Part 3 |
|
s. 14.................... | am. No. 9, 2007; No. 23, 2012; No 2, 2015 |
Part 4 |
|
s. 15.................... | am. No. 92, 2004; No. 8, 2005 |
s. 16.................... | am. No. 92, 2004; No 2, 2015; No 70, 2015 |
s 18.................... | am. No. 92, 2004; No. 8, 2005 |
Part 5 |
|
Division 1 |
|
s. 19.................... | am. No. 92, 2004; No. 8, 2005 |
s. 20.................... | am. No. 92, 2004; No 2, 2015; No 70, 2015 |
s. 21.................... | am. No. 92, 2004 |
s. 22.................... | am. No. 92, 2004 |
Division 2 |
|
s. 24.................... | am. No. 92, 2004; No. 8, 2005 |
Part 5A |
|
Heading to Part 5A.......... | ad. No. 92, 2004 |
s. 25.................... | am. No. 92, 2004; No. 101, 2006 |
Part 6 |
|
Part 6 heading............. | rs No 2, 2015 |
Division 1 |
|
Division 1 heading.......... | rs No 2, 2015 |
ss. 26-28................. | rep. No. 9, 2007 |
s. 29.................... | am. No. 58, 2006 |
| rep. No. 9, 2007 |
s 30.................... | rep No 2, 2015 |
s 31.................... | rep No 2, 2015 |
Division 2 |
|
s. 33.................... | am. No. 9, 2007 |
Division 3................ | rep No 2, 2015 |
s 40.................... | rep No 2, 2015 |
s 41.................... | rep No 2, 2015 |
s 42.................... | rep No 2, 2015 |
s 43.................... | rep No 2, 2015 |
s 44.................... | rep No 2, 2015 |
s 45.................... | rep No 2, 2015 |
Part 7 |
|
Division 1 |
|
s. 46.................... | ad. No. 145, 2010 |
Division 2 |
|
s 49.................... | am No 9, 2007; No 23, 2012; No 96, 2014; No 81, 2016 |
Division 3 |
|
s. 53.................... | rep. No. 145, 2010 |
s. 54.................... | rs. No. 92, 2004 |
| am. No. 134, 2008; No. 46, 2011 |
Part 8 |
|
s 55.................... | am No 23, 2012; No 96, 2014; No 81, 2016 |
Part 9 |
|
s 56.................... | am No 92, 2004; No 8, 2005; No 15, 2007; No 27, 2009; No 145, 2010; No 23, 2012; No 82, 2013; No 96, 2014; No 2, 2015; No 81, 2016 |