Federal Register of Legislation - Australian Government

Primary content

Superannuation Guarantee Charge Act 1992

Authoritative Version
Act No. 93 of 1992 as amended, taking into account amendments up to Act No. 52 of 2002
An Act to impose a charge on any shortfall in the amount contributed by employers to RSAs or superannuation funds for the benefit of employees
Administered by: Treasury
Start Date 01 Jul 2003
Table of contents.

Superannuation Guarantee Charge Act 1992

Act No. 93 of 1992 as amended

This compilation was prepared on 1 July 2003
taking into account amendments up to Act No. 52 of 2002

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement................................................................................... 1

3............ Incorporation of the Superannuation Guarantee (Administration) Act 1

4............ Act binds Crown................................................................................. 1

5............ Imposition of charge........................................................................... 1

6............ Amount of charge............................................................................... 1

7............ Severability......................................................................................... 2

Notes                                                                                                                                               3

 


An Act to impose a charge on any shortfall in the amount contributed by employers to RSAs or superannuation funds for the benefit of employees

 

 

1  Short title [see Note 1]

                   This Act may be cited as the Superannuation Guarantee Charge Act 1992.

2  Commencement

                   This Act commences on 1 July 1992.

3  Incorporation of the Superannuation Guarantee (Administration) Act

                   The Superannuation Guarantee (Administration) Act 1992 is incorporated and is to be read as one with this Act.

4  Act binds Crown

                   This Act binds the Crown in right of each State, the Australian Capital Territory and the Northern Territory.

5  Imposition of charge

                   Charge is imposed on any superannuation guarantee shortfall of an employer for a quarter.

6  Amount of charge

                   The amount of superannuation guarantee charge payable on a superannuation guarantee shortfall of an employer for a quarter is an amount equal to the amount of the shortfall.

7  Severability

                   It is the intention of the Parliament that if, but for this section, section 5 would impose a superannuation guarantee charge on a State that exceeds the legislative power of the Commonwealth, section 5 of this Act has effect as if it did not impose that charge.


Notes to the Superannuation Guarantee Charge Act 1992

Note 1

The Superannuation Guarantee Charge Act 1992 as shown in this compilation comprises Act No. 93, 1992 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Superannuation Guarantee Charge Act 1992

93, 1992

30 June 1992

1 July 1992

 

Retirement Savings Accounts (Consequential Amendments) Act 1997

62, 1997

28 May 1997

2 June 1997 (see s. 2 and Gazette 1997, No. S202)

Superannuation Guarantee Charge Amendment Act 2002

52, 2002

29 June 2002

Schedule 1: 1 July 2003
Remainder: Royal Assent

Sch. 1 (item 3)


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Title.....................................

am. No. 62, 1997

Ss. 5, 6................................

am. No. 52, 2002


Table A

Application, saving or transitional provisions

Superannuation Guarantee Charge Amendment Act 2002 (No. 52, 2002)

Schedule 1

3  Application of amendments

The amendments made by this Schedule apply in relation to superannuation guarantee shortfalls under the Superannuation Guarantee (Administration) Act 1992 for quarters that commence on or after 1 July 2003.