Commonwealth Consolidated Acts

SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 6B

             (1)  A conversion notice is a written notice by the trustee of a superannuation fund given to the Commissioner stating that the fund, or a particular superannuation scheme embodied in the governing rules of the fund, is to be treated as a defined benefit superannuation scheme for the purposes of this Act.

             (2)  Subject to subsection (4), a conversion notice takes effect in relation to the fund or scheme on the day specified in the notice. Subject to subsection (4), the trustee may, by written notice ( revocation notice ) given to the Commissioner, revoke the conversion notice.

             (3)  A conversion notice may be expressed to take effect on a day that is not earlier than:

                     (a)  if the notice is given before 15 May in a quarter starting on 1 April--1 January in the previous quarter; or

                     (b)  if the notice is given before 15 August in a quarter starting on 1 July--1 April in the previous quarter; or

                     (c)  if the notice is given before 15 November in a quarter starting on 1 October--1 July in the previous quarter; or

                     (d)  if the notice is given before 15 February in a quarter starting on 1 January--1 October in the previous quarter; or

                     (e)  in any other case--the first day of the quarter in which the notice is given.

             (4)  A conversion notice or a revocation notice will not be effective unless, before it is given, the trustee gives each employer contributing to the fund or scheme for the benefit of employees written notice of:

                     (a)  the trustee's intention to give the notice; and

                     (b)  the proposed date of effect of the notice.

             (5)  If an employer begins contributing to a superannuation fund or a superannuation scheme for the benefit of employees at a time when a conversion notice has effect in relation to the fund or scheme, the trustee must give the employer written notice of:

                     (a)  the giving of the conversion notice; and

                     (b)  the date of effect of the notice;

within 30 days of the receipt by the trustee of the employer's first contribution.

             (6)  A notice under this section may be given by post.