SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 299F Trustee must request person who is beneficiary at commencement to quote tax file number
SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 299F
Trustee must request person who is beneficiary at commencement to quote tax file number(1) Subject to subsection (3), if:
(a) a person is a beneficiary of an eligible superannuation entity at the commencement of this section; and
(b) the person is not taken by section 299S or 299T to have quoted his or her tax file number to a trustee of the entity at or before that commencement;
each trustee must ensure that, before the required time (see subsection (2)) in relation to the beneficiary, a request is made, in a manner approved by the Regulator, to the person to quote his or her tax file number to a trustee of the entity in connection with the operation or the possible future operation of this Act or, if the request was not made before the commencement of Schedule 3 to the Superannuation Contributions Tax (Consequential Amendments) Act 1997 , the operation or the possible future operation of this Act and the Surcharge Acts.
(2) The required time in relation to a beneficiary is the end of the 7th day after the day that is the starting day in relation to the beneficiary.
(3) A trustee of the entity is not required to ensure that a request is made if the person has already quoted his or her tax file number to a trustee of the entity in connection with the operation or the possible future operation of:
(a) if the quotation was given before the commencement of Schedule 3 to the Superannuation Contributions Tax (Consequential Amendments) Act 1997 --this Act; or
(b) otherwise--this Act and the Surcharge Acts.
(4) A trustee commits an offence if the trustee contravenes subsection (1).
(4A) A trustee commits an offence if the trustee contravenes subsection (1). This is an offence of strict liability.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: For strict liability , see section 6.1 of the Criminal Code .
No obligation to quote tax file number
(5) If a person requests another person to quote his or her tax file number under this section, the other person is not obliged to comply with the request.
Starting day--trustee required to give information to beneficiary
(6) The starting day, in relation to a beneficiary of an eligible superannuation entity a trustee of which is required under Subdivision 2.4.2 or 2.4.3 of Division 2.4 of Part 2 of the Superannuation Industry (Supervision) Regulations to give information to the beneficiary, is the earlier of:
(a) the day referred to in whichever of the following subparagraphs is applicable:
(i) if the trustee chooses to act under this subparagraph in relation to the beneficiary--the day on which the information referred to in Subdivision 2.4.2 of Division 2.4 of Part 2 of those Regulations is first given to the beneficiary on or after the day on which this section commences;
(ii) if the trustee chooses to act under this subparagraph in relation to the beneficiary--the day on which the information referred to in Subdivision 2.4.3 of Division 2.4 of Part 2 of those Regulations is first given to the beneficiary on or after the day on which this section commences;
(iii) if the trustee does not choose to act under subparagraph (i) or (ii) in relation to the beneficiary--the day on which information referred to in either of those Subdivisions is first given to the beneficiary on or after the day on which this section commences; or
(b) the last day of the period of one year beginning on the day on which this section commences.
Starting day--trustee not required to give information to beneficiary
(7) The starting day, in relation to a beneficiary of an
eligible superannuation entity a trustee of which is not required, under
Subdivision 2.4.2 or 2.4.3 of Division 2.4 of Part 2 of
the Superannuation Industry (Supervision) Regulations to give information to
the beneficiary, is the day on which this section commences.