Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT (NO. 2) 2002 NO. 51, 2002 - SCHEDULE 6

Bankruptcy Act 1966

1 After subsection 109(1B)

Insert:

(1C)

The reference in paragraph (1)(e) to amounts due to or in respect of any employee of the bankrupt also includes a reference to amounts due as superannuation guarantee charge (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ), or general interest charge in respect of non-payment of the superannuation guarantee charge.

2 Application of amendment made by item 1

The amendment made by item 1 applies to bankruptcies for which the date of the bankruptcy is after the commencement of that item.

Family Law Legislation Amendment (Superannuation) (Consequential Provisions) Act 2001

3 Item 34 of Schedule 1

Omit "(6A)(d)", substitute "(6AA)(d)".

4 Item 36 of Schedule 1

Omit "(6A)", substitute "(6AA)".

5 Item 37 of Schedule 1 (subsection (6A))

Renumber as subsection (6AA).

6 Item 38 of Schedule 1

Omit "or (6A)", substitute ", (6AA)".

7 Item 39 of Schedule 1

Omit "(6A)", substitute "(6AA)".

Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997

8 Subsection 15(7)

Before ", the Commissioner", insert "or (6A)".

Superannuation Guarantee (Administration) Act 1992

9 At the end of section 52

Add:

Note: The priority of superannuation guarantee charge in a bankruptcy is dealt with in section 109 of the Bankruptcy Act 1966 .

Taxation Administration Act 1953

10 Subsection 16-170(3) in Schedule 1

After "16-165", insert ", 16-166".

11 Application of amendment made by item 10

The amendment made by item 10 applies in relation to payments made on or after the commencement of that item.

12 Subsection 16-175(1) in Schedule 1

After "16-165", insert ", 16-166".

13 Subsection 16-175(1) in Schedule 1 (before the note)

Insert:

Penalty: 20 penalty units.

14 Application of amendments made by items 12 and 13

The amendments made by items 12 and 13 apply in relation to payments made on or after the commencement of those items.