SUPERANNUATION CONTRIBUTIONS TAX (APPLICATION TO THE COMMONWEALTH) ACT 1997 NO. 68, 1997 

SUPERANNUATION CONTRIBUTIONS TAX (APPLICATION TO THE COMMONWEALTH) ACT 1997 NO. 68, 1997 
- TABLE OF PROVISIONS

1. 1  Short title  
2. 2  Commencement  
3. 3  Interpretation  
4. 4  Application of Act  
5. 5  Trustee taken not to be officer, authority or agent of the  Commonwealth  
6. 6  Directions by Minister for Finance  
7. 7  Discharge of liability of trustee  

 
(Assented to 5 June 1997)
SUPERANNUATION CONTRIBUTIONS TAX (APPLICATION TO THE COMMONWEALTH) ACT 
1997 No. 68, 1997 - LONG TITLE

    An Act to provide for the notional application of superannuation
      contributions tax on the taxable contributions of members of
         non-contributory Commonwealth superannuation schemes,
                      and for related purposes

SUPERANNUATION CONTRIBUTIONS TAX (APPLICATION TO THE COMMONWEALTH) ACT 
1997 No. 68, 1997
- SECT 1
1  Short title

  This Act may be cited as the Superannuation Contributions Tax 
(Application to the Commonwealth) Act 1997.

SUPERANNUATION CONTRIBUTIONS TAX (APPLICATION TO THE COMMONWEALTH) ACT 
1997 No. 68, 1997
- SECT 2
2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

SUPERANNUATION CONTRIBUTIONS TAX (APPLICATION TO THE COMMONWEALTH) ACT 
1997 No. 68, 1997
- SECT 3
3  Interpretation

  Any expression that is used in this Act and in the Superannuation 
Contributions Tax (Assessment and Collection) Act 1997 has the same 
meaning as in that Act.

SUPERANNUATION CONTRIBUTIONS TAX (APPLICATION TO THE COMMONWEALTH) ACT 
1997 No. 68, 1997
- SECT 4
4  Application of Act

  This Act applies if:
  (a) the trustee of an unfunded defined benefits superannuation 
scheme is an officer, authority or agent of the Commonwealth in the 
trustee's capacity as trustee of the scheme; and
  (b) were the trustee not such an officer, authority or agent, the 
trustee would be liable to pay superannuation contributions surcharge 
on superannuation contributions for a financial year of a member of 
the scheme; and
  (c) there are no contributed amounts payable to the trustee for or 
by the member under the scheme.

SUPERANNUATION CONTRIBUTIONS TAX (APPLICATION TO THE COMMONWEALTH) ACT 
1997 No. 68, 1997
- SECT 5
5  Trustee taken not to be officer, authority or agent of the 
Commonwealth

  The trustee is taken, for the purposes of the Superannuation 
Contributions Tax Imposition Act 1997 and the Superannuation 
Contributions Tax (Assessment and Collection) Act 1997, not to be an 
officer, authority or agent of the Commonwealth in the trustee's 
capacity as trustee of the scheme.

SUPERANNUATION CONTRIBUTIONS TAX (APPLICATION TO THE COMMONWEALTH) ACT 
1997 No. 68, 1997
- SECT 6
6  Directions by Minister for Finance

  (1) The Minister for Finance may give any written directions that 
are necessary or convenient to be given for discharging the trustee's 
liability to pay the surcharge that arises because of the operation of 
section 5 and, in particular, may give directions in relation to the 
transfer of money within the Public Account.
  (2) Directions under subsection (1) have effect, and are to be 
complied with, despite any other law of the Commonwealth.

SUPERANNUATION CONTRIBUTIONS TAX (APPLICATION TO THE COMMONWEALTH) ACT 
1997 No. 68, 1997
- SECT 7
7  Discharge of liability of trustee

  Compliance with any directions given under section 6 is taken, for 
the purposes of the Superannuation Contributions Tax (Assessment and 
Collection) Act 1997 to discharge the trustee's liability to pay the 
surcharge.

[Minister's second reading speech made in-
          House of Representatives on 6 March 1997
          Senate on 25 March 1997]