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Small Superannuation Accounts Act 1995

Authoritative Version
Act No. 52 of 1995 as amended, taking into account amendments up to Norfolk Island Legislation Amendment Act 2015
An Act relating to the small superannuation accounts scheme
Administered by: Treasury
Registered 25 Jul 2016
Start Date 01 Jul 2016

Small Superannuation Accounts Act 1995

No. 52, 1995

Compilation No. 22

Compilation date:                              1 July 2016

Includes amendments up to:            Act No. 59, 2015

Registered:                                         25 July 2016

 

About this compilation

This compilation

This is a compilation of the Small Superannuation Accounts Act 1995 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Introduction                                                                                                            1

1............ Short title............................................................................................. 1

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

3............ Simplified explanation......................................................................... 1

4............ Definitions.......................................................................................... 2

5............ Crown to be bound............................................................................. 5

6............ Act to be administered by the Commissioner of Taxation................... 5

Part 2—Superannuation Holding Accounts Special Account                    6

7............ Simplified outline................................................................................ 6

8............ Superannuation Holding Accounts Special Account........................... 6

9............ Special Account is not a superannuation fund..................................... 6

Part 3—Accounts                                                                                                                   8

Division 1—Simplified outline                                                                                  8

11.......... Simplified outline................................................................................ 8

Division 2—Keeping of accounts                                                                            9

12.......... Accounts............................................................................................. 9

Division 3—Outline of credits and debits to accounts                               10

13.......... Outline of credits to accounts............................................................ 10

14.......... Outline of debits to accounts............................................................. 10

Division 4—Opening and closing of accounts                                                14

15.......... Opening of accounts......................................................................... 14

16.......... Closing of accounts........................................................................... 15

Division 5—Rules about accounts                                                                        16

17.......... Accounts may have a nil balance....................................................... 16

18.......... One account per individual................................................................ 16

19.......... Account balances not held on trust etc.............................................. 16

Division 6—Notification of account balances                                                18

20.......... Notification of opening balance......................................................... 18

21.......... Individual may request details of account balance............................. 18

22.......... Annual notification of account balance.............................................. 18

23.......... Notification when account balance reaches $1,200........................... 19

Part 4—Deposits                                                                                                                   20

24.......... Simplified outline.............................................................................. 20

25.......... Deposits............................................................................................ 20

26.......... Deposit to be accompanied by deposit form...................................... 21

27.......... Deposit to be made by employer or former employer....................... 21

28.......... Deposit to be instead of superannuation contributions...................... 21

29.......... Deposit to be consistent with other laws etc...................................... 21

30.......... Age limit........................................................................................... 22

31.......... Consequences of false declarations etc.............................................. 22

32.......... Deposit form may deal with multiple payments................................ 22

33.......... Deposit not held on trust etc.............................................................. 23

Part 5—Crediting of deposits                                                                                       24

34.......... Simplified outline.............................................................................. 24

35.......... Crediting of deposits......................................................................... 24

Part 6—Crediting of interest                                                                                         25

Division 1—Simplified outline                                                                                25

36.......... Simplified outline.............................................................................. 25

Division 2—Gross interest amount and net interest amount                 26

37.......... Simplified outline.............................................................................. 26

38.......... Gross interest amount....................................................................... 26

39.......... Net interest amount........................................................................... 26

Division 3—Funding of interest                                                                             29

40.......... Simplified outline.............................................................................. 29

41.......... Crediting of net interest amount to the Special Account.................... 29

42.......... Unallocated Interest Pool.................................................................. 30

43.......... Supplementation of Unallocated Interest Pool................................... 30

44.......... Debiting of unallocated interest......................................................... 31

Division 4—Allocation day and allocation rate                                            32

45.......... Simplified outline.............................................................................. 32

46.......... Gazettal of allocation day and allocation rate..................................... 32

47.......... Calculation of the allocation rate........................................................ 33

Division 5—Crediting of interest                                                                          35

48.......... Simplified outline.............................................................................. 35

49.......... Accrual of interest on first $1,200 of daily balance........................... 35

50.......... Rate of accrual, and crediting, of interest........................................... 35

51.......... Rounding up..................................................................................... 37

Division 6—Interest not to accrue in certain cases                                    38

52.......... Simplified outline.............................................................................. 38

53.......... Interest does not accrue on refunded deposits................................... 38

54.......... Interest does not accrue on shortfall components incorrectly credited to accounts    39

55.......... Amalgamated accounts—no interest if $1,200 limit avoided............. 39

Part 7—Withdrawal of account balances                                                             41

Division 1—Simplified outline                                                                                41

56.......... Simplified outline.............................................................................. 41

Division 2—No withdrawals for 14 days after deposit credited to account etc.               42

57.......... Simplified outline.............................................................................. 42

58.......... No withdrawals for 14 days after deposit credited to account etc...... 42

59.......... No withdrawals for 14 days after shortfall component credited to account              44

Division 3—Timing of withdrawals                                                                     45

60.......... Timing of withdrawals...................................................................... 45

Division 4—Transfer of account balances to RSAs and superannuation funds                46

61.......... Transfer to RSA or superannuation fund.......................................... 46

61A....... Commissioner may transfer account balance to RSA or superannuation fund         48

Division 5—Direct withdrawals of account balances by individuals 50

62.......... Simplified outline.............................................................................. 50

63.......... Withdrawal of account balance of less than $200, where individual has ceased to be employed by depositor etc.   51

64.......... Withdrawal of account balance—receipt of Commonwealth income support payments           52

65.......... Withdrawal of account balance—retirement on grounds of disability 54

66.......... Withdrawal of account balance—individual turns 65........................ 55

67.......... Withdrawal of account balance—individual not an Australian resident 56

67A....... Withdrawal of account balance—former temporary resident............. 58

Division 6—Withdrawals of account balances after death                    60

68.......... Withdrawal of account balance—death of individual........................ 60

Division 7—Notification of refusal of requests                                             61

69.......... Notification of refusal of requests..................................................... 61

Division 8—Recovery of account balances                                                     62

70.......... Recovery of account balances........................................................... 62

Part 8—Refunds of deposits                                                                                          63

71.......... Simplified outline.............................................................................. 63

72.......... Refunds—false or defective deposit forms etc.................................. 63

73.......... Refunds—deposit made by mistake.................................................. 64

74.......... Recovery of refunds.......................................................................... 66

Part 9—Inactive accounts                                                                                               67

75.......... Simplified outline.............................................................................. 67

76.......... No activity for 10 years..................................................................... 67

77.......... Register............................................................................................. 69

Part 10—Tax file numbers                                                                                             70

78.......... Simplified outline.............................................................................. 70

79.......... Individual may quote his or her tax file number................................ 70

Part 11—Review of decisions                                                                                        71

80.......... Simplified outline.............................................................................. 71

81.......... Reviewable decisions........................................................................ 71

82.......... Reconsideration of reviewable decisions........................................... 71

83.......... AAT review of Commissioner of Taxation’s decisions.................... 73

84.......... Modification of the Administrative Appeals Tribunal Act 1975........ 73

85.......... Statements to accompany notification of decisions............................ 73

Part 12—Partnerships and unincorporated associations                            75

Division 1—Partnerships                                                                                          75

86.......... Simplified outline.............................................................................. 75

87.......... Treatment of partnerships.................................................................. 75

88.......... Giving of documents to partnerships................................................ 76

Division 2—Unincorporated associations                                                        77

89.......... Simplified outline.............................................................................. 77

90.......... Treatment of unincorporated associations......................................... 77

91.......... Giving of documents to unincorporated associations........................ 78

Part 12A—Government co‑contributions for low income earners        79

91A....... Commissioner of Taxation may deposit Government co‑contributions for low income earners into individual’s account.......................................................................................................... 79

91B....... Act generally applies to deposits under this Part in the same way as it applies to deposits under Part 4  79

91C....... Deposit not held on trust etc.............................................................. 79

91D....... Crediting of deposits......................................................................... 79

91E........ Debiting account with overpayment of Government co‑contribution 80

91F........ Withdrawal of account balances........................................................ 80

91G....... Refunds of deposits.......................................................................... 81

Part 13—Miscellaneous                                                                                                    82

92.......... Delegation......................................................................................... 82

93.......... Annual report.................................................................................... 82

94.......... Regulations....................................................................................... 82

Schedule—Employees and employers                                                                     83

1............ Basic definition................................................................................. 83

2............ Company directors............................................................................ 83

3............ Contract workers............................................................................... 83

4............ Members of the Parliament of the Commonwealth........................... 83

5............ Members of the Parliament of a State................................................ 83

6............ Members of the ACT Legislative Assembly..................................... 84

7............ Members of the Northern Territory Legislative Assembly................ 84

8............ Performers and sportspersons etc..................................................... 84

9............ Office holders etc.............................................................................. 84

Endnotes                                                                                                                                    86

Endnote 1—About the endnotes                                                                            86

Endnote 2—Abbreviation key                                                                                88

Endnote 3—Legislation history                                                                             89

Endnote 4—Amendment history                                                                           93


An Act relating to the small superannuation accounts scheme

Part 1Introduction

  

1  Short title

                   This Act may be cited as the Small Superannuation Accounts Act 1995.

2  Commencement

                   This Act commences on 1 July 1995.

3  Simplified explanation

                   The following is a simplified explanation of this Act:

•      The Australian Taxation Office administers a special account. Notional accounts are kept within the special account.

•      The account offers employees with small balances an opportunity to avoid the erosion of those balances by fees.

•      Employees may request that account balances be transferred to a nominated superannuation fund or RSA.

•      Except in special cases, employees will not have direct access to their account balances.

•      Interest will be calculated on the daily balance of the account and credited to the account on a quarterly basis.

•      Interest is exempt from income tax.

•      If an account balance exceeds $1,200, interest will only be credited on the first $1,200 of the balance. This is an incentive for employees to request that balances of more than $1,200 be transferred to a superannuation fund.

•      Under the Income Tax Assessment Act 1936, employers may get income tax deductions for deposits. There is an annual deduction limit of $1,200 per employee.

•      Under the Superannuation Guarantee (Administration) Act 1992, deposits made by an employer will be treated as superannuation contributions.

•      The accounts may also be credited with Government co‑contributions payable under the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003. The rules for these deposits differ in some respects from those that apply to other deposits.

4  Definitions

                   In this Act, unless the contrary intention appears:

account means a notional account kept in accordance with section 12.

child, of a person, means a child of the person within the meaning of the Superannuation Industry (Supervision) Act 1993.

complying superannuation fund has the same meaning as in the Income Tax Assessment Act 1997.

Note:          The Income Tax Assessment Act 1997 defines complying superannuation fund by reference to section 45 of the Superannuation Industry (Supervision) Act 1993.

dependant, in relation to an individual, includes the spouse and any child of the person.

Note:          This expression is only used in the definition of superannuation contribution.

deposit means a payment under section 25.

deposit form means a statement under section 26.

depositor means a person who makes a payment under section 25.

employee has the meaning given by the Schedule.

Note:          The Schedule extends the ordinary meaning of employee.

employer has the meaning given by the Schedule.

Note:          The Schedule extends the ordinary meaning of employer.

employment has a meaning corresponding to employee and employer.

Finance Department means the Department administered by the Finance Minister.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

Government co‑contribution in respect of an individual means a Government co‑contribution payable in respect of the individual under the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003.

leave Australia has the same meaning as in the Migration Act 1958.

person has a meaning affected by sections 87 and 90.

Note 1:       Under section 87, partnerships are treated as persons.

Note 2:       Under section 90, unincorporated associations are treated as persons.

provider, in relation to an RSA, has the same meaning as in the Retirement Savings Accounts Act 1997.

quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April in:

                     (a)  the financial year beginning on 1 July 1995; or

                     (b)  any later financial year.

RSA has the same meaning as in the Retirement Savings Accounts Act 1997.

RSA provider has the same meaning as in the Retirement Savings Accounts Act 1997.

Special Account means the Superannuation Holding Accounts Special Account continued in existence by section 8.

spouse of a person includes:

                     (a)  another person (whether of the same sex or a different sex) with whom the person is in a relationship that is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; and

                     (b)  another person who, although not legally married to the person, lives with the person on a genuine domestic basis in a relationship as a couple.

Note:          This expression is only used in the definition of dependant.

superannuation accounts law means:

                     (a)  this Act; and

                     (b)  the regulations; and

                     (c)  Part III of the Taxation Administration Act 1953, in so far as that Part relates to this Act or the regulations.

superannuation contribution, in relation to an individual, means a contribution made to a superannuation fund, an RSA or a superannuation scheme for the purpose of making provision for superannuation benefits for, or for dependants of, the individual.

superannuation fund means a provident, benefit, superannuation or retirement fund.

superannuation scheme means a scheme for the payment of superannuation, retirement or death benefits.

tax file number has the meaning given by section 202A of the Income Tax Assessment Act 1936.

Unallocated Interest Pool means the Unallocated Interest Pool kept in accordance with section 42.

5  Crown to be bound

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

6  Act to be administered by the Commissioner of Taxation

                   The Commissioner of Taxation has the general administration of this Act.

Note:          An effect of this provision is that people who acquire information under this Act are subject to the confidentiality obligations and exceptions in Division 355 in Schedule 1 to the Taxation Administration Act 1953.

Part 2Superannuation Holding Accounts Special Account

  

7  Simplified outline

                   The following is a simplified outline of this Part:

•      The Superannuation Holding Accounts Special Account is continued in existence.

•      The Special Account is not a superannuation fund.

8  Superannuation Holding Accounts Special Account

             (1)  The Superannuation Holding Accounts Account is continued in existence as the Superannuation Holding Accounts Special Account.

Note:          The Superannuation Holding Accounts Account was established by subsection 5(3) of the Financial Management Legislation Amendment Act 1999.

             (2)  The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

9  Special Account is not a superannuation fund

Special Account is not a superannuation fund

             (1)  For the purposes of a law of the Commonwealth:

                     (a)  the Special Account is taken not to be a superannuation fund; and

                     (b)  the scheme embodied in this Act is taken not to be a superannuation scheme.

Avoidance of doubt

             (2)  Subsection (1) is enacted to avoid doubt.

Part 3Accounts

Division 1Simplified outline

11  Simplified outline

                   The following is a simplified outline of this Part:

•      Notional accounts are to be kept within the Special Account in the names of particular individuals.

•      Section 13 outlines credits to accounts.

•      Section 14 outlines debits to accounts.

•      The Commissioner of Taxation may open or close an account.

•      Accounts may have a nil balance.

•      An individual may only have one account.

•      Account balances are not held on trust.

•      An individual’s account balance will be notified to the individual in certain circumstances.

Division 2Keeping of accounts

12  Accounts

Accounts to be kept

             (1)  Separate notional accounts are to be kept within the Special Account in the names of particular individuals.

Individual’s account

             (2)  An account kept in the name of an individual is to be known as the individual’s account.

Note:          Section 4 provides that account means a notional account kept in accordance with this section.

Division 3Outline of credits and debits to accounts

13  Outline of credits to accounts

                   The following is a simplified outline of the types of credits that may be made to an individual’s account.

Deposits by employers

•      Under section 25, the individual’s employer or former employer may make a deposit in respect of the individual. The employer or former employer will make the deposit instead of making a superannuation contribution in respect of the individual. The deposit will result in a credit to the individual’s account.

Superannuation guarantee shortfalls

•      Under section 65 of the Superannuation Guarantee (Administration) Act 1992, if there is a shortfall component of a payment of superannuation guarantee charge in relation to the individual, the Commissioner of Taxation may credit the shortfall component to the individual’s account.

Interest

•      Under Part 6, interest may be credited to the individual’s account.

14  Outline of debits to accounts

                   The following is a simplified outline of the types of debits that may be made to an individual’s account. These debits also involve debiting the Special Account.

Transfer to superannuation fund or RSA

•      Under section 61, the balance of the amount standing to the credit of the account may be debited from the Special Account and paid by the Commonwealth to a superannuation fund or RSA.

Balance of less than $200—individual has ceased to be employed by all depositors

•      Under section 63, the balance of the amount standing to the credit of the account may be debited from the Special Account and paid by the Commonwealth to the individual if:

               (a)     the balance is less than $200; and

              (b)     the individual has ceased to be employed by all depositors.

Receipt of Commonwealth income support payments

•      Under section 64, the balance of the amount standing to the credit of the account may be debited from the Special Account and paid by the Commonwealth to the individual if the individual is in receipt of Commonwealth income support payments for a sufficient period.

Disability

•      Under section 65, the balance of the amount standing to the credit of the account may be debited from the Special Account and paid by the Commonwealth to the individual if the individual has retired because of permanent disability.

Individual turns 65

•      Under section 66, the balance of the amount standing to the credit of the account may be debited from the Special Account and paid by the Commonwealth to the individual if the individual has turned 65.

Individual at least 55 years old and not an Australian resident

•      Under section 67, the balance of the amount standing to the credit of the account may be debited from the Special Account and paid by the Commonwealth to the individual if the individual is at least 55 years old and is not an Australian resident for income tax purposes and:

               (a)     the individual is not in employment; or

              (b)     the individual is in employment, but the duties of the individual’s employment are performed wholly or principally outside Australia.

Former temporary resident

•      The balance of the amount standing to the credit of an individual’s account may be debited from the Special Account if the individual is a former temporary resident.

Death of individual

•      Under section 68, if the individual dies, the balance of the amount standing to the credit of the account may be debited from the Special Account and paid by the Commonwealth to the individual’s legal personal representative.

Refunds of deposits

•      Under Part 8, an amount standing to the credit of the account may be debited from the Special Account and paid by the Commonwealth for the purposes of refunding deposits that were:

               (a)     accompanied by false or defective deposit forms; or

              (b)     made by mistake.

Division 4Opening and closing of accounts

15  Opening of accounts

Power

             (1)  The Commissioner of Taxation may open an account in the name of a particular individual.

Duty

             (2)  The Commissioner of Taxation must open an account in the name of a particular individual if:

                     (a)  the individual does not already have an account; and

                     (b)  a person makes a deposit, or a purported deposit, in respect of the individual.

Payment split under Family Law Act

             (3)  If an account is subject to a payment split, then the Commissioner may open an account in the name of the non‑member spouse.

             (4)  The balance of the account when it is opened is an amount worked out in accordance with the regulations.

             (5)  The balance of the member spouse’s account is to be reduced by the amount worked out under subsection (4).

             (6)  The Commissioner must give the member spouse a written notice setting out the balance (if any) of the member spouse’s account after the reduction.

             (7)  In this section:

member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.

non‑member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975.

payment split means a payment split under Part VIIIB of the Family Law Act 1975.

16  Closing of accounts

                   The Commissioner of Taxation may close an individual’s account if the balance of the account is nil and:

                     (a)  the balance of the account was nil throughout the preceding period of 2 years; or

                     (b)  the balance of the account has been withdrawn under section 61, 65, 66, 67, 67A or 91E; or

                     (c)  the individual has died; or

                     (d)  the individual asks the Commissioner of Taxation to close the account; or

                     (e)  the balance of the account has been debited from the Special Account under Part 9 (which deals with inactive accounts).

Note 1:       Section 61 deals with individuals who request transfer of account balances to RSAs or superannuation funds.

Note 2:       Section 65 deals with individuals who retire because of disability.

Note 3:       Section 66 deals with individuals who have turned 65.

Note 4:       Section 67 deals with individuals who are not Australian residents for income tax purposes etc.

Note 5:       Section 67A deals with individuals who have permanently departed from Australia.

Note 6:       Section 91E deals with debiting of accounts to recover overpayments of Government co‑contributions.

Division 5Rules about accounts

17  Accounts may have a nil balance

Nil balance

             (1)  An account may have a nil balance.

Examples

             (2)  The following are examples of cases where an account might have a nil balance:

                     (a)  no money has been credited to the account;

                     (b)  the balance of the account has been withdrawn under Part 7;

                     (c)  the balance of the account has been refunded to an employer or former employer under Part 8;

                     (d)  the balance of the account has been debited from the Special Account under Part 9 (which deals with inactive accounts).

18  One account per individual

Only one account

             (1)  Only one account may be kept in respect of a particular individual.

Amalgamation etc.

             (2)  A contravention of subsection (1) does not affect the validity of an account. However, if the Commissioner of Taxation becomes aware that 2 or more accounts are being kept in respect of the same individual, the Commissioner of Taxation must amalgamate the accounts into a single account.

19  Account balances not held on trust etc.

             (1)  Money credited to an individual’s account is not held on trust.

             (2)  The Commonwealth is not liable to pay, repay or refund money credited to an individual’s account except as provided by this Act.

Note:          Under section 69A of the Superannuation Guarantee (Administration) Act 1992, if a shortfall component of superannuation guarantee charge has been incorrectly credited to an individual’s account, the account may be debited for the purposes of reversing the credit.

Division 6Notification of account balances

20  Notification of opening balance

                   As soon as practicable after the first occasion on which an amount is credited to an individual’s account, the Commissioner must give the individual a written notice setting out the balance of the account.

21  Individual may request details of account balance

When section applies

             (1)  This section applies to an individual’s account if the individual asks the Commissioner of Taxation to give the individual a written notice setting out the balance of the account.

Form of request

             (2)  The request must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commissioner of Taxation.

Compliance with request

             (3)  The Commissioner of Taxation must comply with the request.

22  Annual notification of account balance

When section applies

             (1)  This section applies to an individual’s account if:

                     (a)  the balance of the account exceeds nil as at the end of a financial year; and

                     (b)  the individual’s current address is known to the Commissioner of Taxation.

Notification

             (2)  As soon as practicable after the end of the financial year, the Commissioner of Taxation must give the individual a written notice setting out the balance of the account as at the end of the financial year.

23  Notification when account balance reaches $1,200

When section applies

             (1)  This section applies to an individual’s account if:

                     (a)  a particular credit to the account increases the balance of the account from a figure of less than $1,200 to a figure of $1,200 or more; and

                     (b)  the individual’s current address is known to the Commissioner of Taxation.

Notification

             (2)  As soon as practicable after the credit is made, the Commissioner of Taxation must give the individual a written notice:

                     (a)  setting out the balance of the account; and

                     (b)  explaining the effect of sections 49 and 61; and

                     (c)  suggesting that the individual make a request under section 61.

Note 1:       Section 49 imposes a limit on the accrual of interest to accounts with balances of more than $1,200.

Note 2:       Section 61 provides for the transfer of the balance of the account to a superannuation fund.

Part 4Deposits

  

24  Simplified outline

                   The following is a simplified outline of this Part:

•      A person may make a payment to the Commissioner of Taxation under section 25 in respect of an individual. The payment is called a deposit.

•      The deposit must be accompanied by a deposit form.

•      The deposit form must include certain declarations.

•      The 2 key declarations are:

               (a)     that the depositor is the employer, or former employer, of the individual; and

              (b)     that the depositor is making the deposit instead of making a superannuation contribution in respect of the individual.

•      A defect in the deposit form will not result in the invalidity of the deposit.

•      A deposit form may deal with multiple payments.

•      Deposits are not held on trust.

25  Deposits

                   A person (the depositor) may make a payment (the deposit) to the Commissioner of Taxation under this section in respect of an individual if, and only if, the payment is made before 1 July 2006.

26  Deposit to be accompanied by deposit form

                   The deposit must be accompanied by a written statement (the deposit form) that:

                     (a)  is in a form approved in writing by the Commissioner of Taxation; and

                     (b)  contains the information required by the form to be given; and

                     (c)  contains the declarations required by sections 27, 28, 29 and 30; and

                     (d)  sets out the individual’s tax file number (if known to the depositor); and

                     (e)  is signed by or on behalf of the depositor.

27  Deposit to be made by employer or former employer

                   The deposit form must include a declaration that the depositor is the employer, or former employer, of the individual.

28  Deposit to be instead of superannuation contributions

                   The deposit form must include a declaration that the depositor is making the deposit:

                     (a)  in respect of the employment, or former employment, of the individual by the depositor; and

                     (b)  instead of making a superannuation contribution:

                              (i)  in respect of the individual; and

                             (ii)  of an amount equal to the deposit.

29  Deposit to be consistent with other laws etc.

                   The deposit form must include a declaration that, to the best of the knowledge of the depositor, the making of the deposit does not contravene:

                     (a)  a law of the Commonwealth (other than this Act) or a law of a State or Territory; or

                     (b)  an award, order, determination or industrial agreement in force under such a law; or

                     (c)  a legally enforceable agreement.

30  Age limit

                   The deposit form must include a declaration that, to the best of the knowledge of the depositor, the individual was under 70 on at least one day during the period of employment to which the deposit relates.

31  Consequences of false declarations etc.

                   If the deposit is accompanied by a deposit form, or a purported deposit form, that:

                     (a)  contains a declaration, or information, that is false or misleading; or

                     (b)  has some other defect or irregularity;

that circumstance does not result in the invalidity of the deposit. However, it may result in the deposit being refunded under Part 8.

Note 1:       A false or misleading statement may result in criminal liability under Part III of the Taxation Administration Act 1953.

Note 2:       A false or misleading declaration may result in an employer being denied:

(a)    an income tax deduction under section 82AAF of the Income Tax Assessment Act 1936; and

(b)    concessional treatment under section 23 of the Superannuation Guarantee (Administration) Act 1992.

32  Deposit form may deal with multiple payments

Multiple payments

             (1)  A deposit form may deal with 2 or more payments made by the same person (whether the payments are made in respect of the same individual or in respect of different individuals).

Method of payment

             (2)  If a deposit form deals with 2 or more payments made by the same person, the person may give the Commissioner of Taxation, in respect of the sum of the payments:

                     (a)  one or more valid cheques; or

                     (b)  one or more money orders; or

                     (c)  cash; or

                     (d)  any combination of the above.

If the person does so, this Act has effect as if the person had given the Commissioner of Taxation a separate cheque for each of the payments.

33  Deposit not held on trust etc.

             (1)  A deposit, or purported deposit, made in respect of an individual is not held on trust.

             (2)  A deposit, or purported deposit, made in respect of an individual is not repayable or refundable except as provided by this Act.

Part 5Crediting of deposits

  

34  Simplified outline

                   The following is a simplified outline of this Part:

Deposits are to be credited to accounts by following these steps:

•      credit the deposit to the Special Account;

•      credit the deposit to the individual’s account.

35  Crediting of deposits

Step 1—Credit to Special Account

             (1)  An amount equal to a deposit or purported deposit made in respect of an individual is to be credited to the Special Account.

Step 2—Credit to individual’s account

             (2)  As soon as practicable after the amount is credited to the Special Account, the individual’s account is to be credited with an amount equal to the deposit or purported deposit.

Part 6Crediting of interest

Division 1Simplified outline

36  Simplified outline

                   The following is a simplified outline of this Part:

•      Interest is funded by crediting amounts to the Special Account.

•      Interest accrues to an account on the daily balance of the account. Interest only accrues on the first $1,200 of the balance of the account.

•      Interest is credited each quarter on the allocation day.

•      The allocation day is published in the Gazette.

•      The rate at which interest accrues is called the allocation rate.

•      The allocation rate is published in the Gazette.

•      Interest will not accrue to an account in the following cases:

                          (a)       a deposit is refunded;

                          (b)       a shortfall component is incorrectly credited to the account;

                          (c)       the $1,200 limit has been avoided by the use of multiple accounts.

Division 2Gross interest amount and net interest amount

37  Simplified outline

                   The following is a simplified outline of this Division:

•      The expressions gross interest amount and net interest amount are defined.

•      Those expressions are used to work out:

               (a)     how interest is funded; and

              (b)     the rate at which interest accrues to an account.

38  Gross interest amount

                   For the purposes of this Part, the gross interest amount for a quarter is the sum of the following amounts:

                     (a)  the income derived by the Commonwealth during the quarter from the investment of amounts standing to the credit of the Special Account;

                     (b)  the amount (if any) determined by the Finance Minister in relation to the quarter having regard to the amount standing to the credit of the Special Account that remains uninvested from time to time during the quarter.

39  Net interest amount

Net interest amount

             (1)  For the purposes of this Part, the net interest amount for a quarter is the gross interest amount for the quarter, reduced (but not below 0) by the sum of:

                     (a)  the amount determined by the Commissioner of Taxation, where the amount represents a fair approximation of the costs incurred by the Commonwealth during the quarter in connection with the administration of this Act; and

                     (b)  the amount, or the total of the amounts, allocated to the quarter under subsection (3).

Note:          Gross interest amount is defined by section 38.

Carry‑forward amount

             (2)  For the purposes of this section, if:

                     (a)  the amount determined under paragraph (1)(a) in relation to a quarter;

exceeds:

                     (b)  the gross interest amount for the quarter;

the excess is taken to be the carry‑forward amount for the quarter.

Note:          Gross interest amount is defined by section 38.

Allocation of carry‑forward amounts

             (3)  For the purposes of this section, the Finance Minister may determine that:

                     (a)  a carry‑forward amount for a quarter is to be allocated to a later quarter; or

                     (b)  different parts of the carry‑forward amount for a quarter are to be allocated to different later quarters.

Amortisation

             (4)  For the purposes of this section, capital costs and development costs are to be amortised in accordance with generally accepted accounting principles.

Investment costs

             (5)  For the purposes of this section, the costs incurred by the Commonwealth in connection with the investment of amounts standing to the credit of the Special Account are taken to have been incurred in connection with the administration of this Act.

Division 3Funding of interest

40  Simplified outline

                   The following is a simplified outline of this Division:

•      Interest is funded by crediting the net interest amount to the Special Account.

•      An Unallocated Interest Pool is to be kept within the Special Account.

•      Unallocated interest is represented by the balance of the Unallocated Interest Pool.

•      In special cases, the Unallocated Interest Pool may be supplemented by crediting an amount to the Special Account.

•      Since interest only accrues on the first $1,200 of an account balance, it is possible for a surplus to build up in the Unallocated Interest Pool. The surplus can be debited from the Special Account.

41  Crediting of net interest amount to the Special Account

                   As soon as practicable after the end of a quarter, an amount equal to the net interest amount for the quarter is to be credited to the Special Account.

Note:          Net interest amount is defined by section 39.

42  Unallocated Interest Pool

Pool

             (1)  For accounting purposes, a separate notional subcomponent, called the Unallocated Interest Pool, is to be kept within the Special Account.

Credits to Pool

             (2)  An amount credited to the Special Account under section 41 is to be credited to the Unallocated Interest Pool.

Debits from Pool

             (3)  The balance of the Unallocated Interest Pool is to be debited for the purposes of crediting interest to an individual’s account.

43  Supplementation of Unallocated Interest Pool

When section applies

             (1)  This section applies if the Finance Minister is satisfied that:

                     (a)  the balance of the Unallocated Interest Pool is nil; or

                     (b)  the balance of the Unallocated Interest Pool is, or is likely to be, insufficient to meet the requirements of the Unallocated Interest Pool.

Supplementation

             (2)  The Finance Minister may determine that the Unallocated Interest Pool is to be supplemented by a specified amount.

Crediting of the supplementation amount

             (3)  The specified amount is to be credited to the Special Account.

Credit to Unallocated Interest Pool

             (4)  The Unallocated Interest Pool is to be credited by the specified amount.

44  Debiting of unallocated interest

             (1)  If the Commissioner of Taxation is satisfied that the balance of the Unallocated Interest Pool exceeds the requirements of the Unallocated Interest Pool, the Commissioner of Taxation must determine that the excess is surplus to the requirements of the Unallocated Interest Pool.

             (2)  The Unallocated Interest Pool is to be debited by an amount equal to the excess.

             (3)  An amount equal to the excess is to be debited from the Special Account.

Division 4Allocation day and allocation rate

45  Simplified outline

                   The following is a simplified outline of this Division:

•      The allocation day for a quarter is published in the Gazette. The allocation day is the day on which interest is credited to accounts.

•      The allocation rate for a quarter is published in the Gazette. The allocation rate is the rate at which interest accrues to an account.

•      The allocation rate is worked out under section 47.

46  Gazettal of allocation day and allocation rate

             (1)  As soon as practicable after an amount is credited to the Special Account under section 41 in respect of a quarter (the current quarter), the Commissioner of Taxation must, by notice published in the Gazette, declare that, for the purposes of this Part:

                     (a)  a specified day in the quarter next following the current quarter is the allocation day for the current quarter; and

                     (b)  a specified percentage is the allocation rate for the current quarter.

Note:          To work out the allocation rate see section 47.

             (2)  The declaration has effect accordingly.

47  Calculation of the allocation rate

Application of steps

             (1)  To work out the allocation rate for a quarter, apply the following steps.

Adjusted total balances

             (2)  Calculate the adjusted total balances for the quarter by:

                     (a)  working out, for each day in the quarter, the total balances of all the accounts; and

                     (b)  adding up those totals; and

                     (c)  dividing the result by the number of days in the quarter.

For the purposes of this calculation, if an account balance actually exceeds $1,200, the account balance is taken to be $1,200.

Provisional rate

             (3)  Calculate the provisional rate for the quarter as a percentage (to 4 decimal places) using the formula:

                  

where:

Net interest amount means the net interest amount for the quarter;

Adjusted total balances means the adjusted total balances for the quarter.

Note:          Net interest amount is defined by section 39.

Total balances

             (4)  Calculate the total balances for the quarter by:

                     (a)  working out, for each day in the quarter, the total balances of all the accounts; and

                     (b)  adding up those totals; and

                     (c)  dividing the result by the number of days in the quarter.

Capped rate

             (5)  Calculate the capped rate as a percentage (to 4 decimal places) using the formula:

                  

where:

Gross interest amount means the gross interest amount for the quarter;

Total balances means the total balances for the quarter.

Note:          Gross interest amount is defined by section 38.

Allocation rate—comparison between provisional rate and capped rate

             (6)  Compare the provisional rate with the capped rate:

                     (a)  if the provisional rate is less than or equal to the capped rate—the allocation rate equals the provisional rate; or

                     (b)  if the provisional rate exceeds the capped rate—the allocation rate equals the capped rate.

Division 5Crediting of interest

48  Simplified outline

                   The following is a simplified outline of this Division:

•      Interest accrues to an account on the daily balance of the account. Interest only accrues on the first $1,200 of the balance of the account.

•      Interest is credited each quarter on the allocation day.

49  Accrual of interest on first $1,200 of daily balance

             (1)  Interest accrues to an account each day on the balance of the account as at the end of that day.

             (2)  For the purposes of this Division, if an account balance actually exceeds $1,200, the account balance is taken to be $1,200.

50  Rate of accrual, and crediting, of interest

When section applies

             (1)  This section applies to interest that accrues under section 49.

Allocation day event, withdrawal event and inactive account debit event

             (2)  Both:

                     (a)  the rate of accrual of interest to an account in respect of a particular day (the accrual day) in a particular quarter; and

                     (b)  the time at which accrued interest in respect of the accrual day is to be credited to the account;

depends on whichever of the following events first happens after the accrual day:

                     (c)  the occurrence of the allocation day for the quarter (this event is to be known as the allocation day event);

                     (d)  the withdrawal under Part 7 of the balance of the account (this event is to be known as the withdrawal event);

                     (e)  the debiting of the balance of the account from the Special Account under Part 9 (this event is to be known as the inactive account debit event).

Allocation day event

             (3)  If the allocation day event comes first:

                     (a)  the rate of accrual is the percentage worked out (to 6 decimal places) using the formula:

                           

                            where:

Allocation rate means the allocation rate for the quarter; and

                     (b)  the accrued interest is to be credited to the account on the allocation day.

Withdrawal event

             (4)  If the withdrawal event comes first:

                     (a)  the rate of accrual is the percentage worked out (to 6 decimal places) using the formula:

                           

                            where:

Adjusted allocation rate means the last allocation rate that was published in the Gazette before the accrual day; and

                     (b)  the accrued interest is to be credited to the account on the day before the day of the withdrawal.

Inactive account debit event

             (5)  If the inactive account debit event comes first:

                     (a)  the rate of accrual is the percentage worked out (to 6 decimal places) using the formula:

                           

                            where:

Adjusted allocation rate means the last allocation rate that was published in the Gazette before the accrual day; and

                     (b)  the accrued interest is to be credited to the account on the day of the debit.

Transitional—withdrawal event before first allocation day

             (6)  Despite paragraph (4)(a), if the withdrawal event occurs before the allocation day for the quarter beginning on 1 July 1995, that paragraph has effect, in relation to that event, as if the adjusted allocation rate were 0.4% or such higher rate as the Finance Minister determines.

51  Rounding up

                   If the total amount of interest to be credited to an account on a particular day (when expressed as a number of cents) is not a number of whole cents, that total must be rounded up to the nearest cent.

Division 6Interest not to accrue in certain cases

52  Simplified outline

                   The following is a simplified outline of this Division:

•      Interest will not accrue to an account in the following cases:

               (a)     a deposit is refunded;

              (b)     a shortfall component is incorrectly credited to the account;

               (c)     the $1,200 limit has been avoided by the use of multiple accounts.

53  Interest does not accrue on refunded deposits

No interest

             (1)  Despite section 49, interest does not accrue, and is taken never to have accrued, under that section in respect of so much of the balance of an account as is refunded under Part 8.

Reversing interest credit

             (2)  If interest has been credited to an individual’s account in contravention of subsection (1), the Commissioner of Taxation must debit the account by the amount of the credit. The debit must be made before the account balance is debited by the amount of the refund payment.

Unallocated Interest Pool to be credited

             (3)  The Unallocated Interest Pool is to be credited by the amount of a debit under subsection (2).

54  Interest does not accrue on shortfall components incorrectly credited to accounts

When section applies

             (1)  This section applies if:

                     (a)  an amount credited to an account under section 65 of the Superannuation Guarantee (Administration) Act 1992 exceeds the amount that should have been credited to the account; and

                     (b)  the balance of the account is attributable, in whole or in part, to the credit.

No interest

             (2)  Despite section 49, interest does not accrue, and is taken never to have accrued, under that section in respect of so much of the balance of the account as is attributable to the excess.

Debit reversing interest credit

             (3)  If interest has been credited to the account in contravention of subsection (2), the Commissioner of Taxation must debit the account by the amount of the credit.

Unallocated Interest Pool to be credited

             (4)  The Unallocated Interest Pool is to be credited by the amount of a debit under subsection (3).

55  Amalgamated accounts—no interest if $1,200 limit avoided

When section applies

             (1)  This section applies if:

                     (a)  the Commissioner becomes aware that 2 or more accounts (the separate accounts) are being kept in respect of the same individual; and

                     (b)  the Commissioner of Taxation amalgamates the separate accounts into a single account; and

                     (c)  immediately after the amalgamation, the balance of the amalgamated account exceeds $1,200.

Note:          Section 18 empowers the Commissioner to amalgamate the separate accounts.

No interest if $1,200 limit avoided

             (2)  If, because of the $1,200 limit referred to in subsection 49(2):

                     (a)  the total amount of interest that accrued to the separate accounts before the day of the amalgamation;

exceeds:

                     (b)  the total amount of interest that would have accrued to the amalgamated account if it were assumed that the amalgamated account had been in existence at all times since the earliest time at which any of the separate accounts was opened;

then, despite section 49, the excess interest is taken never to have accrued under that section.

Debit to amalgamated account

             (3)  If excess interest has been credited in contravention of subsection (2), the Commissioner of Taxation must debit the amalgamated account by an amount equal to the amount of the credit.

Credit to Unallocated Interest Pool

             (4)  The Unallocated Interest Pool is to be credited by the amount of a debit under subsection (3).

Part 7Withdrawal of account balances

Division 1Simplified outline

56  Simplified outline

                   The following is a simplified outline of this Part:

•      There are 3 types of withdrawals of account balances:

               (a)     transfers of account balances to superannuation funds or RSAs;

              (b)     direct withdrawals of account balances by individuals;

               (c)     withdrawals of account balances after death.

•      Under Part 8, a depositor has 14 days to apply for a refund of a deposit on the grounds that the deposit was made by mistake. During the 14‑day period, the individual’s account will be frozen.

Division 2No withdrawals for 14 days after deposit credited to account etc.

57  Simplified outline

                   The following is a simplified outline of this Division:

•      An individual’s account will be frozen for 14 days after a deposit is credited to the account.

•      The delay gives the depositor a chance to apply for a refund of the deposit.

•      If the depositor applies for a refund of the deposit, the 14‑day period will be extended until the application is finalised.

•      Accounts will be frozen for 14 days after a shortfall component is credited to the account.

•      The delay gives the Commissioner of Taxation a chance to correct mistakes.

58  No withdrawals for 14 days after deposit credited to account etc.

When section applies

             (1)  This section applies to an individual’s account if:

                     (a)  a deposit, or purported deposit, was made in respect of the individual; and

                     (b)  as a result of the deposit or purported deposit, an amount was credited to the account under Part 5 at a particular time (the deposit time); and

                     (c)  a request under this Part (the individual’s request) is made during the period of 14 days beginning at the deposit time.

Individual’s request frozen for 14 days

             (2)  The individual’s request has no effect at any time during that 14‑day period.

Note:          This gives the depositor a chance to apply for a refund of the deposit.

Individual’s request frozen for additional period

             (3)  If an application for a refund of the deposit or purported deposit was made under section 73 during that 14‑day period, then:

                     (a)  if the refund application is granted—the individual’s request has no effect at any time; or

                     (b)  if the refund application is refused—the individual’s request has no effect at a particular time if:

                              (i)  the time is after the refund application is made but before the end of the period of 21 days after the giving of the notice of refusal; or

                             (ii)  if, during that 21‑day period, the refund applicant asks the Commissioner of Taxation to reconsider the refund application—the time is during the period when that reconsideration, or any later application to the Administrative Appeals Tribunal, has not been finalised.

When reconsiderations finalised

             (4)  For the purposes of this section, a reconsideration of a decision is taken not to have been finalised during the period of 28 days after:

                     (a)  if, because of the operation of subsection 82(5), the decision is taken to be confirmed—the day on which the decision is taken to have been confirmed; or

                     (b)  in any other case—the day on which the decision on the reconsideration is notified to the refund applicant.

59  No withdrawals for 14 days after shortfall component credited to account

When section applies

             (1)  This section applies to an individual’s account if:

                     (a)  an amount was credited to the account under section 65 of the Superannuation Guarantee (Administration) Act 1992 at a particular time (the credit time); and

                     (b)  a request under this Part is made during the period of 14 days beginning at the credit time.

Request frozen for 14 days

             (2)  The request has no effect at any time during that 14‑day period.

Note:          This gives the Commissioner a chance to correct mistakes.

Division 3Timing of withdrawals

60  Timing of withdrawals

24‑hour delay

             (1)  If a request is made under this Part, the Commissioner of Taxation must wait at least 24 hours before complying with the request.

Note:          This delay enables interest to be credited to the account.

When withdrawal occurs

             (2)  For the purposes of this Act, the balance of an account is taken to have been withdrawn at the time when a payment is made under this Part in respect of the account.

Division 4Transfer of account balances to RSAs and superannuation funds

61  Transfer to RSA or superannuation fund

Transfer request

             (1)  This section applies to an individual’s account if:

                     (a)  the individual gives the Commissioner of Taxation a request (the transfer request) to transfer the account balance to a specified RSA or to the trustee of a specified fund for the benefit of the individual; and

                     (b)  the fund passes the compliance test set out in subsection (2).

Note:          Subsection (7) provides for the transfer request to be given by the individual personally or by the trustee acting on behalf of the individual.

Compliance test for funds

             (2)  For the purposes of this section, a fund passes the compliance test if:

                     (a)  the fund is an exempt public sector superannuation scheme within the meaning of the Superannuation Industry (Supervision) Act 1993; or

                     (b)  at the time of the transfer request, the Commissioner of Taxation has obtained a written statement, provided by or on behalf of the trustee of the fund, that the fund:

                              (i)  is a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; and

                             (ii)  is not subject to a direction under section 63 of that Act.

Note:          Section 63 of the Superannuation Industry (Supervision) Act 1993 deals with funds that have been directed not to accept contributions from an employer‑sponsor.

Form of transfer request

             (3)  The transfer request must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commissioner of Taxation.

Compliance with transfer request

             (4)  The Commissioner of Taxation must pay to the provider of the RSA, or to the trustee, for the benefit of the individual, an amount equal to the account balance immediately before the payment is made. However, this rule does not apply if the Commissioner of Taxation is satisfied that the RSA provider or the trustee is unwilling to accept the payment.

Special Account to be debited

             (5)  The Special Account is debited for the purposes of making the payment.

Individual’s account to be debited

             (6)  When the payment is made, the individual’s account is debited by the amount of the payment.

Authorisation of trustee by individual etc.

             (7)  The transfer request may be given by:

                     (a)  the individual personally; or

                     (b)  the RSA provider or the trustee acting on the individual’s behalf in accordance with an authority given by the individual.

If paragraph (b) applies, the transfer request must be accompanied by a copy of the authority.

Form of authorisation

             (8)  An authority referred to in subsection (7) must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commissioner of Taxation.

Definitions

             (9)  In this section:

fund includes a public sector superannuation scheme within the meaning of the Superannuation Industry (Supervision) Act 1993.

trustee has the same meaning as in the Superannuation Industry (Supervision) Act 1993.

61A  Commissioner may transfer account balance to RSA or superannuation fund

             (1)  The Commissioner of Taxation may pay the balance of an individual’s account to:

                     (a)  an RSA of the individual; or

                     (b)  the trustee of a complying superannuation fund for crediting to an account of the individual within that fund.

             (2)  To avoid doubt, the Commissioner of Taxation may make the payment under subsection (1) without a request from the individual under section 61.

             (3)  The Special Account is debited for the purposes of making the payment under subsection (1).

             (4)  When the payment under subsection (1) is made, the individual’s account is debited by the amount of the payment.

             (5)  In this section:

trustee of a superannuation fund means:

                     (a)  if there is a trustee (within the ordinary meaning of that expression) of the fund—the trustee; or

                     (b)  otherwise—the person who manages the fund.

Division 5Direct withdrawals of account balances by individuals

62  Simplified outline

                   The following is a simplified outline of this Division:

•      The balance of an individual’s account may be withdrawn if:

               (a)     the balance is less than $200; and

              (b)     the individual has ceased to be employed by all depositors.

•      The balance of an individual’s account may be withdrawn if the individual is in receipt of Commonwealth income support payments for a sufficient period.

•      The balance of an individual’s account may be withdrawn if the individual has retired because of permanent disability.

•      The balance of an individual’s account may be withdrawn if the individual has turned 65.

•      The balance of an individual’s account may be withdrawn if the individual is at least 55 years old and is not an Australian resident for income tax purposes and:

               (a)     the individual is not in employment; or

              (b)     the individual is in employment, but the duties of the individual’s employment are performed wholly or principally outside Australia.

•      The balance of an individual’s account may be withdrawn if the individual is a former temporary resident.

63  Withdrawal of account balance of less than $200, where individual has ceased to be employed by depositor etc.

Withdrawal request

             (1)  This section applies to an individual’s account if:

                     (a)  the balance of the account is attributable, in whole or in part, to:

                              (i)  one or more deposits, or purported deposits, made by one or more employers or former employers of the individual; or

                             (ii)  one or more shortfall components of payments of superannuation guarantee charge made by one or more employers or former employers of the individual; and

                     (b)  the individual satisfies the Commissioner of Taxation that the individual has ceased to be employed by each of the employers or former employers; and

                     (c)  the individual gives the Commissioner of Taxation a request (the withdrawal request) for the withdrawal of the account balance; and

                     (d)  the balance of the account is less than $200 immediately before the time when the account balance is withdrawn.

Form of withdrawal request

             (2)  The withdrawal request must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commissioner of Taxation.

Compliance with withdrawal request

             (3)  The Commissioner of Taxation must pay to the individual an amount equal to the account balance immediately before the payment is made.

Special Account to be debited

             (4)  The Special Account is debited for the purposes of making the payment.

Individual’s account to be debited

             (5)  When the payment is made, the individual’s account is debited by the amount of the payment.

64  Withdrawal of account balance—receipt of Commonwealth income support payments

Withdrawal request

             (1)  This section applies to an individual’s account if:

                     (a)  the individual gives the Commissioner of Taxation a request (the withdrawal request) for the withdrawal of the account balance; and

                     (b)  the individual has been in receipt of one or more Commonwealth income support payments for:

                              (i)  if the person is at least 55 years of age—a period of at least 39 weeks, or for 2 or more periods that total at least 39 weeks, since the person turned 55; or

                             (ii)  in any case—for an unbroken period of at least 26 weeks (other than such a period that ended before the withdrawal request was given); and

                     (c)  the individual gives the Commissioner of Taxation:

                              (i)  written evidence of the individual’s receipt of relevant Commonwealth income support payments provided by the Commonwealth Department or agency that is responsible for administering the payment; or

                             (ii)  such other evidence of the individual’s receipt of relevant Commonwealth income support payments as is prescribed.

Form of withdrawal request

             (2)  The withdrawal request must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commissioner of Taxation.

Compliance with withdrawal request

             (3)  The Commissioner of Taxation must pay to the individual an amount equal to the account balance immediately before the payment is made.

Special Account to be debited

             (4)  The Special Account is debited for the purposes of making the payment.

Individual’s account to be debited

             (5)  When the payment is made, the individual’s account is debited by the amount of the payment.

             (6)  For the purposes of subparagraph (1)(b)(ii), if an individual obtains evidence covered by subparagraph (1)(c)(i), the individual is, subject to evidence to the contrary, to be taken to have continued to have received the Commonwealth income support payment concerned for 21 days after the date of the written evidence.

             (7)  In this section:

Commonwealth income support payment means:

                     (a)  any of the following payments (as defined in section 23 of the Social Security Act 1991):

                              (i)  a social security benefit (other than an austudy payment or a youth allowance paid to a person who is undertaking full‑time study);

                             (ii)  a social security pension;

                            (iii)  a service pension;

                            (iv)  an income support supplement; or

                     (d)  a payment of salary or wages made under the employment scheme of the Commonwealth that is known as the Community Development Employment Projects Scheme; or

                     (e)  any other payment prescribed for the purposes of this definition.

65  Withdrawal of account balance—retirement on grounds of disability

Withdrawal request

             (1)  This section applies to an individual’s account if:

                     (a)  the individual gives the Commissioner of Taxation a request (the withdrawal request) for the withdrawal of the account balance; and

                     (b)  the individual satisfies the Commissioner of Taxation that the individual is not in employment; and

                     (c)  the individual last ceased to be an employee because of the disability of the individual; and

                     (d)  2 legally qualified medical practitioners have certified that the disability is likely to result in the individual being unable ever to be employed in a capacity for which the individual is reasonably qualified because of education, training or experience.

Form of withdrawal request

             (2)  The withdrawal request must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commissioner of Taxation.

Compliance with withdrawal request

             (3)  The Commissioner of Taxation must pay to the individual an amount equal to the account balance immediately before the payment is made.

Special Account to be debited

             (4)  The Special Account is debited for the purposes of making the payment.

Individual’s account to be debited

             (5)  When the payment is made, the individual’s account is debited by the amount of the payment.

66  Withdrawal of account balance—individual turns 65

When section applies

             (1)  This section applies to an individual’s account if the individual has turned 65.

Withdrawal decision

             (2)  The Commissioner of Taxation may decide to pay to the individual an amount equal to the balance of the account immediately before the payment is made.

Withdrawal request

             (3)  The individual may give the Commissioner of Taxation a request (the withdrawal request) to make a payment under subsection (2).

Form of withdrawal request

             (4)  The withdrawal request must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commissioner of Taxation.

Compliance with withdrawal request

             (5)  The Commissioner of Taxation must comply with the withdrawal request.

Special Account to be debited

             (6)  The Special Account is debited for the purposes of making the payment.

Individual’s account to be debited

             (7)  When the payment is made, the individual’s account is debited by the amount of the payment.

67  Withdrawal of account balance—individual not an Australian resident

Withdrawal request

             (1)  This section applies to an individual’s account if:

                     (a)  the individual gives the Commissioner of Taxation a request (the withdrawal request) for the withdrawal of the account balance; and

                     (b)  the individual satisfies the Commissioner of Taxation that the individual is not a resident (within the meaning of the Income Tax Assessment Act 1936); and

                   (ba)  the individual is at least 55 years old when he or she gives the withdrawal request; and

                     (c)  the individual satisfies the Commissioner of Taxation that:

                              (i)  the individual is not in employment; or

                             (ii)  the individual is in employment, but the duties of the individual’s employment are performed wholly or principally outside Australia.

Note:          Australia is defined by subsection (6).

Form of withdrawal request

             (2)  The withdrawal request must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commissioner of Taxation.

Compliance with withdrawal request

             (3)  The Commissioner of Taxation must pay to the individual an amount equal to the account balance immediately before the payment is made.

Special Account to be debited

             (4)  The Special Account is debited for the purposes of making the payment.

Individual’s account to be debited

             (5)  When the payment is made, the individual’s account is debited by the amount of the payment.

Definition

             (6)  In this section:

Australia has the same meaning as in the Income Tax Assessment Act 1936.

67A  Withdrawal of account balance—former temporary resident

Withdrawal request

             (1)  This section applies to an individual’s account if:

                     (a)  the individual gives the Commissioner of Taxation a request (the withdrawal request) for the withdrawal of the account balance; and

                     (b)  the individual satisfies the Commissioner of Taxation that before, on or after the commencement of this section, the individual:

                              (i)  was, under the Migration Act 1958, the holder of a temporary visa that has ceased to be in effect; and

                             (ii)  left Australia after starting to be the holder of the visa (whether the visa ceased to be in effect before, when or after the person left); and

                     (c)  the individual satisfies the Commissioner of Taxation that the individual:

                              (i)  is not, under the Migration Act 1958, the holder of a permanent visa; and

                             (ii)  is neither an Australian citizen nor a New Zealand citizen.

Form of withdrawal request

             (2)  The withdrawal request must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commissioner of Taxation.

Compliance with withdrawal request

             (3)  The Commissioner of Taxation must pay to the individual an amount equal to the account balance immediately before the payment is made.

Special Account to be debited

             (4)  The Special Account is debited for the purposes of making the payment.

Individual’s account to be debited

             (5)  When the payment is made, the individual’s account is debited by the amount of the payment.

Division 6Withdrawals of account balances after death

68  Withdrawal of account balance—death of individual

Withdrawal request

             (1)  This section applies to an individual’s account if:

                     (a)  the individual has died; and

                     (b)  the individual’s legal personal representative gives the Commissioner of Taxation a request (the withdrawal request) for the withdrawal of the account balance.

Form of withdrawal request

             (2)  The withdrawal request must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commissioner of Taxation.

Compliance with withdrawal request

             (3)  The Commissioner of Taxation must pay to the legal personal representative an amount equal to the account balance immediately before the payment is made.

Special Account to be debited

             (4)  The Special Account is debited for the purposes of making the payment.

Individual’s account to be debited

             (5)  When the payment is made, the individual’s account is debited by the amount of the payment.

Division 7Notification of refusal of requests

69  Notification of refusal of requests

             (1)  This section applies if:

                     (a)  a person makes a request under this Part; and

                     (b)  the Commissioner of Taxation refuses the request.

             (2)  The Commissioner of Taxation must give the person written notice of the refusal.

Division 8Recovery of account balances

70  Recovery of account balances

                   If a person is entitled to be paid an amount by the Commissioner of Taxation under this Part, the amount may be recovered, as a debt due to the person by the Commonwealth, by action in a court of competent jurisdiction.

Part 8Refunds of deposits

  

71  Simplified outline

                   The following is a simplified outline of this Part:

•      The Commissioner of Taxation may refund a deposit if the deposit form was false or defective.

•      A depositor may apply for the refund of a deposit if it was made by mistake. The refund application must be made within 14 days after the deposit was credited to the account.

72  Refunds—false or defective deposit forms etc.

When section applies

             (1)  This section applies if:

                     (a)  a deposit or purported deposit was made in respect of an individual; and

                     (b)  the individual’s account was credited with an amount equal to the deposit or purported deposit; and

                     (c)  the credit was made in consequence of the deposit or purported deposit; and

                     (d)  the deposit or purported deposit was accompanied by a deposit form, or a purported deposit form, that, in so far as it related to the deposit or purported deposit:

                              (i)  contained a declaration, or information, that was false or misleading in a material particular; or

                             (ii)  had some other defect or irregularity; and

                     (e)  the balance of the individual’s account is attributable, in whole or in part, to the deposit or purported deposit.

Refund payment

             (2)  The Commissioner of Taxation may decide to pay to the depositor or purported depositor an amount (the refund payment) equal to the deposit or purported deposit.

Special Account to be debited

             (3)  The Special Account is debited for the purposes of making the refund payment.

Individual’s account to be debited

             (4)  When the refund payment is made, the individual’s account is debited by the amount of the refund payment.

Part 7 obligations prevail

             (5)  The Commissioner of Taxation must not exercise a power conferred by this section in a manner that would be inconsistent with an obligation imposed on him or her by Part 7.

Note:          Part 7 deals with withdrawals.

73  Refunds—deposit made by mistake

When section applies

             (1)  This section applies if:

                     (a)  a deposit or purported deposit was made in respect of an individual; and

                     (b)  the individual’s account was credited with an amount equal to the deposit or purported deposit; and

                     (c)  the credit was made in consequence of the deposit or purported deposit; and

                     (d)  the deposit or purported deposit was paid due to a clerical error or due to some other mistake; and

                     (e)  the balance of the individual’s account is attributable, in whole or in part, to the deposit or purported deposit; and

                      (f)  within 14 days after the credit was made, the depositor or purported depositor applies to the Commissioner of Taxation for a refund of the deposit or purported deposit.

Form of application

             (2)  The application must be:

                     (a)  in writing; and

                     (b)  in a form approved in writing by the Commissioner of Taxation.

Refund payment

             (3)  The Commissioner of Taxation must pay to the depositor or purported depositor an amount (the refund payment) equal to the deposit or purported deposit.

Special Account to be debited

             (4)  The Special Account is debited for the purposes of making the refund payment.

Individual’s account to be debited

             (5)  When the refund payment is made, the individual’s account is debited by the amount of the refund payment.

Obligations under this section prevail over obligations under Part 7

             (6)  In the event of a conflict between:

                     (a)  an obligation imposed on the Commissioner of Taxation by this section; and

                     (b)  an obligation imposed on the Commissioner of Taxation by Part 7;

the first‑mentioned obligation prevails.

Note:          Part 7 deals with withdrawals.

Notification of refusal of application

             (7)  If the Commissioner of Taxation refuses an application under this section, the Commissioner of Taxation must give the applicant written notice of the refusal.

74  Recovery of refunds

                   If a person is entitled to be paid an amount by the Commissioner of Taxation under this Part, the amount may be recovered, as a debt due to the person by the Commonwealth, by action in a court of competent jurisdiction.

Part 9Inactive accounts

  

75  Simplified outline

                   The following is a simplified outline of this Part:

•      If an individual’s account is inactive for 10 years, the account balance is to be debited from the Special Account.

•      The individual may claim the account balance from the Commissioner of Taxation.

•      The Commissioner of Taxation must keep a register of individuals’ account balances debited.

76  No activity for 10 years

When section applies

             (1)  This section applies to an individual’s account if no amount was credited to the account under:

                     (a)  Part 5 of this Act; or

                     (b)  section 65 of the Superannuation Guarantee (Administration) Act 1992;

at any time during a period of 10 consecutive financial years.

Note 1:       Part 5 of this Act deals with deposits.

Note 2:       Section 65 of the Superannuation Guarantee (Administration) Act 1992 deals with the crediting of superannuation guarantee shortfalls.

Statement to be given to the Commissioner

             (2)  As soon as practicable after the end of that period, the Commissioner must record information about the account.

Tax file number

             (3)  If the individual’s tax file number is known to the Commissioner, the record made for the purposes of subsection (2) must set out that tax file number.

Debit from the Special Account

             (4)  As soon as practicable after the end of that period, an amount equal to the balance of the individual’s account as at the end of that period is to be debited from the Special Account.

Debiting of individual’s account balance

             (5)  If an amount is debited from the Special Account under subsection (4), the individual’s account is debited by an amount equal to the amount debited from the Special Account.

Claim by individual

             (6)  If an amount has been debited from the Special Account under subsection (4), the individual may request the Commissioner of Taxation to pay to the individual an amount equal to the amount debited from the Special Account.

Claim by individual’s legal personal representative

             (7)  If:

                     (a)  an amount has been debited from the Special Account under subsection (4) in respect of the individual’s account; and

                     (b)  the individual has died;

the individual’s legal personal representative may request the Commissioner of Taxation to pay to the legal personal representative an amount equal to the amount debited from the Special Account in respect of the individual’s account.

Payments

             (8)  The Commissioner of Taxation must comply with a request under subsection (6) or (7).

Appropriation

             (9)  The Consolidated Revenue Fund is appropriated for the purposes of subsection (8).

77  Register

                   In addition to the particulars that are required by section 19 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 to be set out in the register kept under that section, that register must set out:

                     (a)  particulars of amounts debited from the Special Account under section 76 in respect of particular individuals; and

                     (b)  particulars of the individuals, which may include the tax file numbers of the individuals.

Part 10Tax file numbers

  

78  Simplified outline

                   The following is a simplified outline of this Part:

•      An individual may quote his or her tax file number to the Commissioner of Taxation.

79  Individual may quote his or her tax file number

             (1)  An individual may quote his or her tax file number to the Commissioner of Taxation in connection with the operation, or the possibility of the future operation, of this Act in relation to the individual.

Note:          This means that an individual’s tax file number may be quoted before or after an account is opened in the name of the individual.

             (2)  The tax file number may be quoted:

                     (a)  in response to a request made by the Commissioner of Taxation; or

                     (b)  on the individual’s own initiative.

Part 11Review of decisions

  

80  Simplified outline

                   The following is a simplified outline of this Part:

•      A person who is dissatisfied with a reviewable decision of the Commissioner of Taxation may seek a reconsideration of the decision.

•      A person who is dissatisfied with a reconsidered decision may have the reconsidered decision reviewed by the Administrative Appeals Tribunal.

•      The Commissioner of Taxation must tell people about their rights to have decisions reconsidered and reviewed.

81  Reviewable decisions

                   For the purposes of this Part, a reviewable decision is a decision made by the Commissioner of Taxation under this Act (other than a decision under Division 2, 3 or 4 of Part 6 or a decision relating to the approval of a form).

Note:          Decisions under Division 2, 3 or 4 of Part 6 relate to the funding of interest and the calculation of the allocation rate etc.

82  Reconsideration of reviewable decisions

Request for reconsideration

             (1)  A person who is affected by a reviewable decision may, if dissatisfied with the decision, request the Commissioner of Taxation to reconsider the decision.

Note:          Reviewable decision is defined by section 81.

How request must be made

             (2)  The request must be made by written notice given to the Commissioner of Taxation within the period of 21 days after the day on which the person first receives notice of the decision, or within such further period as the Commissioner of Taxation allows.

Request must set out reasons

             (3)  The request must set out the reasons for making the request.

Commissioner of Taxation to reconsider decision

             (4)  Upon receipt of the request, the Commissioner of Taxation must reconsider the decision and may, subject to subsection (5), confirm or revoke the decision or vary the decision in such manner as the Commissioner of Taxation thinks fit.

Deemed confirmation of decision if delay

             (5)  If the Commissioner of Taxation does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which the Commissioner of Taxation received the request under subsection (1) to reconsider the decision, the Commissioner of Taxation is taken, at the end of that period, to have confirmed the decision under subsection (4).

Notice of Commissioner of Taxation’s action

             (6)  If the Commissioner of Taxation confirms, revokes or varies a decision before the end of the period referred to in subsection (5), the Commissioner of Taxation must give written notice to the person telling the person:

                     (a)  the result of the reconsideration of the decision; and

                     (b)  the reasons for confirming, varying or revoking the decision, as the case may be.

83  AAT review of Commissioner of Taxation’s decisions

                   Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Commissioner of Taxation that have been confirmed or varied under subsection 82(4).

84  Modification of the Administrative Appeals Tribunal Act 1975

Period for making certain AAT applications

             (1)  If a decision is taken to be confirmed because of subsection 82(5) of this Act, section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the decision were the period of 28 days beginning on the day on which the decision is taken to be confirmed.

Section 41 of AAT Act

             (2)  If a request is made under subsection 82(1) of this Act in respect of a reviewable decision, section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for review of that decision.

85  Statements to accompany notification of decisions

Original decision

             (1)  If a written notice is given to a person affected by a reviewable decision telling the person that the reviewable decision has been made, that notice is to include a statement to the effect that:

                     (a)  the person may, if dissatisfied with the decision, seek a reconsideration of the decision by the Commissioner of Taxation in accordance with subsection 82(1); and

                     (b)  the person may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with a decision made by the Commissioner of Taxation upon that reconsideration confirming or varying the first‑mentioned decision, make application to the Administrative Appeals Tribunal for review of the decision so confirmed or varied.

Note:          Reviewable decision is defined by section 81.

Reconsidered decision

             (2)  If:

                     (a)  the Commissioner of Taxation confirms or varies a reviewable decision under subsection 82(4); and

                     (b)  gives to a person written notice of the confirmation or variation of the decision;

that notice is to include a statement to the effect that the person may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with the decision so confirmed or varied, make application to the Administrative Appeals Tribunal for review of the decision.

Note:          Reviewable decision is defined by section 81.

Validity of decision

             (3)  A failure to comply with this section does not affect the validity of a decision.

Part 12Partnerships and unincorporated associations

Division 1Partnerships

86  Simplified outline

                   The following is a simplified outline of this Division:

•      Partnerships are treated as if they were persons.

•      A document given to a partner of a partnership is treated as if it had been given to the partnership.

87  Treatment of partnerships

                   The superannuation accounts law applies to a partnership as if the partnership were a person, but it applies with the following changes:

                     (a)  obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners;

                     (b)  any offence against the superannuation accounts law that would otherwise be committed by the partnership is taken to have been committed by each partner who:

                              (i)  aided, abetted, counselled or procured the relevant act or omission; or

                             (ii)  was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).

Note:          Superannuation accounts law is defined by section 4.

88  Giving of documents to partnerships

                   For the purposes of this Act, if a document is given to a partner of a partnership in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the partnership.

Division 2Unincorporated associations

89  Simplified outline

                   The following is a simplified outline of this Division:

•      Unincorporated associations are treated as if they were persons.

•      A document given to a member of the committee of management of an unincorporated association is treated as if it had been given to the unincorporated association.

90  Treatment of unincorporated associations

Persons

                   The superannuation accounts law applies to an unincorporated association as if the unincorporated association were a person, but it applies with the following changes:

                     (a)  obligations that would be imposed on the unincorporated association are imposed instead on each member of the committee of management of the association, but may be discharged by any of those members;

                     (b)  any offence against the superannuation accounts law that would otherwise be committed by the unincorporated association is taken to have been committed by each member of the committee of management of the association who:

                              (i)  aided, abetted, counselled or procured the relevant act or omission; or

                             (ii)  was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).

Note:          Superannuation accounts law is defined by section 4.

91  Giving of documents to unincorporated associations

                   For the purposes of this Act, if a document is given to a member of the committee of management of an unincorporated association in accordance with section 28A of the Acts Interpretation Act 1901, the document is taken to have been given to the unincorporated association.

Part 12AGovernment co‑contributions for low income earners

  

91A  Commissioner of Taxation may deposit Government co‑contributions for low income earners into individual’s account

                   In addition to the deposits that may be made under Part 4, the Commissioner of Taxation may credit to an individual’s account a Government co‑contribution payable in respect of the individual.

91B  Act generally applies to deposits under this Part in the same way as it applies to deposits under Part 4

                   Except as provided for in this Part, this Act applies to a deposit made under this Part in the same way as it applies to a deposit made under Part 4.

91C  Deposit not held on trust etc.

             (1)  Section 33 applies to a deposit made under this Part.

             (2)  None of the other provisions of Part 4 apply to a deposit made under this Part.

91D  Crediting of deposits

             (1)  Part 5 does not apply to a deposit made under this Part.

             (2)  An amount equal to a deposit made under this Part is to be credited to the Special Account.

             (3)  As soon as practicable after the amount is credited to the Special Account under subsection (2), the individual’s account is to be credited with an amount equal to the deposit.

91E  Debiting account with overpayment of Government co‑contribution

                   Under section 24 of the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003, the Commissioner may, in certain circumstances, debit an individual’s account as a way of recovering an overpayment of a Government co‑contribution if the account includes deposits made under this Part.

91F  Withdrawal of account balances

Division 2 of Part 7 does not apply

             (1)  Division 2 of Part 7 (account frozen for 14 days after deposit) does not apply to a deposit made under this Part.

Modification of section 61 (transfer to RSA or superannuation fund at individual’s request)

             (2)  To the extent to which the balance in an individual’s account represents deposits made under this Part, section 61 applies to the account as if the reference in subparagraph (2)(b)(i) to a regulated superannuation fund were a reference to a complying superannuation fund.

Section 63 does not apply

             (3)  Section 63 (withdrawal of account balance of less than $200 where individual has ceased to be employed by depositor) does not apply to an individual’s account to the extent that the balance in the account represents deposits made under this Part.

Interpretation

             (4)  A reference in this section to the balance of an individual’s account to the extent to which it represents deposits made under this Part is a reference to that balance to the extent to which it represents:

                     (a)  deposits made under this Part; and

                     (b)  interest accruing on deposits made under this Part.

91G  Refunds of deposits

                   Part 8 does not apply to deposits made under this Part.

Part 13Miscellaneous

  

92  Delegation

                   The Finance Minister may, by writing, delegate to an officer of the Finance Department any or all of his or her powers under this Act.

93  Annual report

             (1)  The Commissioner of Taxation must, as soon as practicable after the end of each financial year, prepare and give to the Minister a report on the operation of this Act during that year.

             (2)  The Minister must cause a copy of a report given under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

94  Regulations

                   The Governor‑General may make regulations prescribing all matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.


ScheduleEmployees and employers

Section 4

  

1  Basic definition

                   Subject to this Schedule, in this Act, employee and employer have their ordinary meanings. However, for the purposes of this Act, clauses 2 to 9:

                     (a)  expand the meanings of those terms; and

                     (b)  make particular provision to avoid doubt about the status of certain persons.

2  Company directors

                   A person who is entitled to payment for the performance of duties as a member of the executive body (whether described as the board of directors or otherwise) of a body corporate is, in relation to those duties, an employee of the body corporate.

3  Contract workers

                   If a person works under a contract that is wholly or principally for the labour of the person, the person is an employee of the other party to the contract.

4  Members of the Parliament of the Commonwealth

                   A member of the Parliament of the Commonwealth is an employee of the Commonwealth.

5  Members of the Parliament of a State

                   A member of the Parliament of a State is an employee of the State.

6  Members of the ACT Legislative Assembly

                   A member of the Legislative Assembly for the Australian Capital Territory is an employee of the Australian Capital Territory.

7  Members of the Northern Territory Legislative Assembly

                   A member of the Legislative Assembly of the Northern Territory is an employee of the Northern Territory.

8  Performers and sportspersons etc.

                   For the purposes of this Act:

                     (a)  a person who is paid to perform or present, or to participate in the performance or presentation of:

                              (i)  any music, play, dance, entertainment, sport, display or promotional activity; or

                             (ii)  any similar activity involving the exercise of intellectual, artistic, musical, physical or other personal skills;

                            is an employee of the person liable to make the payment; and

                     (b)  a person who is paid to provide services in connection with an activity referred to in paragraph (a) is an employee of the person liable to make the payment; and

                     (c)  a person who is paid to perform services in, or in connection with, the making of any film, tape or disc or of any television or radio broadcast is an employee of the person liable to make the payment.

9  Office holders etc.

                   A person who:

                     (a)  holds, or performs the duties of, an appointment, office or position under the Constitution or under a law of the Commonwealth, of a State or of a Territory; or

                     (b)  is otherwise in the service of the Commonwealth, of a State or of a Territory (including service as a member of the Defence Force or as a member of a police force);

is an employee of the Commonwealth, the State or the Territory, as the case requires. However, this rule does not apply to a person in the capacity of a member of a local government council.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Small Superannuation Accounts Act 1995

52, 1995

23 June 1995

1 July 1995 (s 2)

 

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Sch 2 (item 97): 1 July 1995 (s 2(2))

Retirement Savings Accounts (Consequential Amendments) Act 1997

62, 1997

28 May 1997

Sch 16: 2 June 1997 (s 2)

Taxation Laws Amendment Act (No. 3) 1997

147, 1997

14 Oct 1997

Sch 9 (items 3, 4): 14 Oct 2014 (s 2(1))

Sch 9 (item 4)

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Sch 3 (items 19–28): 1 Jan 1998 (s 2(3)(g))

Financial Sector Reform (Consequential Amendments) Act 1998

48, 1998

29 June 1998

Sch 1 (items 163–166): 1 July 1998 (s 2(2))

Superannuation Legislation Amendment Act (No. 2) 1999

96, 1999

16 July 1999

Sch 1: 16 July 1999 (s 2)

Sch 1 (item 12)

Superannuation (Unclaimed Money and Lost Members) Consequential and Transitional Act 1999

128, 1999

13 Oct 1999

s. 8 and Sch 1 (items 36–39): 13 Oct 1999 (s 2 items 1, 2)

s 8

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

114, 2001

18 Sept 2001

Sch 1 (item 25): 28 Dec 2002 (s 2)

Taxation Laws Amendment (Superannuation) Act (No. 1) 2002

15, 2002

4 Apr 2002

Sch 1 (items 16–21): 4 Apr 2002 (s 2(1) item 2)

Sch 1 (item 21)

Superannuation (Government Co‑contribution for Low Income Earners) (Consequential Amendments) Act 2003

111, 2003

12 Nov 2003

Sch 1 (items 10–15, 25): 12 Nov 2003 (s 2(1) items 2, 4)

Sch 1 (item 25)

Financial Framework Legislation Amendment Act 2005

8, 2005

22 Feb 2005

s. 4 and Sch 1 (items 318–363, 496): 22 Feb 2005 (s 2(1) items 1, 2, 10)

s 4 and Sch 1 (item 496)

Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005

82, 2005

29 June 2005

Sch 1 (item 1): 1 July 2005 (s 2(1) item 2)

Superannuation Legislation Amendment (Simplification) Act 2007

15, 2007

15 Mar 2007

Sch 1 (items 287, 288, 406(1)–(3)): 15 Mar 2007 (s 2(1) item 2)

Sch 1 (item 406(1)–(3))

Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008

134, 2008

4 Dec 2008

Sch 4 (items 3–5): 1 July 2008 (s 2(1) item 4)

Sch 4 (item 5)

Tax Laws Amendment (2009 Measures No. 1) Act 2009

27, 2009

26 Mar 2009

Sch 2 (items 53–57): 27 Mar 2009 (s 2(1) item 5)

Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010

145, 2010

16 Dec 2010

Sch 2 (item 69): 17 Dec 2010 (s 2(1) item 2)

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Sch 5 (items 191–194) and Sch 6 (items 98, 99): 19 Apr 2011 (s 2(1) items 13, 17)

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Sch 2 (item 1049) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 2, 7, 12)

Sch 3 (items 10, 11)

Farm Household Support (Consequential and Transitional Provisions) Act 2014

13, 2014

28 Mar 2014

Sch 2 (items 57, 58): 1 July 2014 (s 2(1) item 3)

Sch 2 (item 58)

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 12 (items 125–130) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)

Sch 14

as amended by

 

 

 

 

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (item 7) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

 

 

 

 

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

Norfolk Island Legislation Amendment Act 2015

59, 2015

26 May 2015

Sch 2 (items 321): 1 July 2016 (s 2(1) item 5)
Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6)

Sch 2 (items 356–396)

as amended by

 

 

 

 

Territories Legislation Amendment Act 2016

33, 2016

23 Mar 2016

Sch 2: 24 Mar 2016 (s 2(1) item 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 3........................................

am No 62, 1997; No 111, 2003; No 8, 2005; No 62, 2014

s 4........................................

am No 62, 1997; No 111, 2003; No 8, 2005; No 15, 2007; No 134, 2008; No 27, 2009; Nos 5 and 46, 2011; No 62, 2014

s 5........................................

am No 59, 2015

s 6........................................

am No 145, 2010

Part 2

 

Part 2 heading......................

rs No 8, 2005

s 7........................................

am No 8, 2005

s 8 .......................................

am No 152, 1997

 

rs No 8, 2005

 

am No 62, 2014

s 9........................................

am No 8, 2005

s 10 .....................................

am No 152, 1997

 

rep No 8, 2005

Part 3

 

Division 1

 

s 11......................................

am No 8, 2005

Division 2

 

s 12......................................

am No 8, 2005

Division 3

 

s 14......................................

am No 62, 1997; No 96, 1999; No 15, 2002

 

rs No 8, 2005

 

am No 27, 2009

Division 4

 

s 15......................................

am No 114, 2001

s 16 .....................................

am No 15, 2002; No 111, 2003; No 8, 2005

Division 5

 

s 17......................................

am No 8, 2005

s 19 .....................................

am No 152, 1997; No 62, 2014

Part 4

 

s 25 .....................................

am No 82, 2005

s 30 .....................................

am No 147, 1997

s 33 .....................................

am No 152, 1997; No 62, 2014

Part 5

 

s 34......................................

am No 8, 2005

s 35......................................

rs No 8, 2005

Part 6

 

Division 1

 

s 36......................................

am No 8, 2005

Division 2

 

s 38......................................

am No 8, 2005; No 5, 2011

s 39......................................

am No 8, 2005; No 5, 2011

Division 3

 

s 40......................................

am No 8, 2005

s 41......................................

rs No 8, 2005

s 42......................................

rs No 8, 2005

s 43......................................

am No 8, 2005; No 5, 2011

s 44......................................

am No 8, 2005

Division 4

 

s 46......................................

am No 8, 2005

Division 5

 

s 50......................................

am No 8, 2005; No 5, 2011

Division 6

 

s 53......................................

am No 8, 2005

Part 7

 

Division 1

 

s 56......................................

am No 62, 1997

Division 4

 

Division 4 heading...............

rs No 62, 1997

s 61......................................

am No 62, 1997; No 8, 2005

s 61A...................................

ad No 111, 2003; No 8, 2005

Division 5

 

s 62 .....................................

am No 96, 1999; No 15, 2002; No 27, 2009

s 63 .....................................

am No 96, 1999; No 8, 2005

s 64......................................

am No 48, 1998; No 96, 1999; No 8, 2005; No 13, 2014

s 65......................................

am No 8, 2005

s 66......................................

am No 8, 2005

s 67 .....................................

am No 96, 1999; No 8, 2005

s 67A ..................................

ad No 15, 2002

 

am No 8, 2005; No 27, 2009

Division 6

 

s 68......................................

am No 8, 2005

Part 8

 

s 72......................................

am No 8, 2005

s 73......................................

am No 8, 2005

Part 9

 

s 75......................................

am No 48, 1998; No 128, 1999; No 8, 2005

s 76......................................

am No 48, 1998; No 128, 1999; No 8, 2005

s 77......................................

am No 128, 1999; No 8, 2005

Part 11

 

s 85......................................

am No 43, 1996

Part 12A

 

Part 12A...............................

ad No 111, 2003

s 91A...................................

ad No 111, 2003

 

am No 8, 2005

s 91B...................................

ad No 111, 2003

s 91C...................................

ad No 111, 2003

s 91D...................................

ad No 111, 2003

 

am No 8, 2005

s 91E...................................

ad No 111, 2003

s 91G...................................

ad No 111, 2003

Part 13

 

s 92......................................

am No 5, 2011

s 95 .....................................

rep No 152, 1997