Superannuation Guarantee (Administration) Amendment Regulations 2001 (No. 1)1
Statutory Rules 2001 No. 872
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Guarantee (Administration) Act 1992.
Dated 3 May 2001
WILLIAM DEANE
Governor-General
By His Excellency’s Command
C. R. KEMP
Assistant Treasurer

1	Name of Regulations
		These Regulations are the Superannuation Guarantee (Administration) Amendment Regulations 2001 (No. 1).
2	Commencement
		These Regulations commence on gazettal.
3	Amendment of Superannuation Guarantee (Administration) Regulations 1993
		Schedule 1 amends the Superannuation Guarantee (Administration) Regulations 1993.

Schedule 1	Amendments
(regulation 3)
[1]	Regulation 2, after definition of minimum requisite benefit
insert
relevant fund means any of the following:
	(a)	a complying approved deposit fund;
	(b)	a complying superannuation fund;
	(c)	an RSA.
responsible officers means:
	(a)	in relation to a relevant fund that is a complying approved deposit fund or a complying superannuation fund — the trustees of the fund; and
	(b)	in relation to a relevant fund that is an RSA — the RSA provider of the RSA.
shortfall component has the meaning given by section 64 of the Act.
[2]	Regulation 8A
omit
[3]	Regulation 10
substitute
10	Employee must be notified of certain shortfall components (Act s 65)
	(1)	The Commissioner must give written notice to an employee if the employee’s shortfall component exceeds $20.
	(2)	The Commissioner may give written notice to an employee if the employee’s shortfall component is equal to or less than $20.
	(3)	A notice must:
	(a)	state the date of the notice; and
	(b)	state the name of the employer; and
	(c)	state the amount, or the sum of the amounts, of the shortfall component.
	(4)	A notice may also specify a relevant fund for subregulation 10A (5).
	(5)	The Commissioner may give more than 1 notice under this regulation.
10A	Responses to notice of a shortfall component
	(1)	This regulation applies to an employee who receives a notice under regulation 10.
	(2)	If the employee is under 55 and has retired from the workforce because of permanent incapacity or permanent invalidity, the employee must lodge the documents mentioned in paragraph 66 (b) of the Act.
	(3)	If the employee has died, the legal personal representative of the deceased employee must lodge:
	(a)	written notice of the death, signed by the legal personal representative; and
	(b)	a copy of the death certificate of the deceased employee.
	(4)	If subregulations (2) and (3) do not apply, and the notice does not specify a relevant fund, the employee may:
	(a)	request in writing the responsible officers of a relevant fund to collect from the Commissioner the amount, or the sum of the amounts, of the shortfall component; or
	(b)	lodge a written nomination of a relevant fund.
	(5)	If subregulations (2) and (3) do not apply, and the notice specifies a relevant fund, the employee may:
	(a)	lodge a written nomination of another relevant fund; or
	(b)	if the employee wishes to have the amount, or the sum of the amounts, of the shortfall component paid into the relevant fund specified in the notice, do nothing.
10B	Obligation of responsible officers who receive a request from employee
	(1)	This regulation applies if the responsible officers of a relevant fund receive a request under paragraph 10A (4) (a) or 10D (a).
	(2)	The responsible officers must:
	(a)	give the employee written notice of receipt of the request; and
	(b)	specify in the notice the date of its receipt.
Penalty:   5 penalty units.
	(3)	If the responsible officers decline to comply with the request, the responsible officers must notify the employee within 14 days after receiving the request.
Penalty:   5 penalty units.
	(4)	If the responsible officers agree to comply with the request, the responsible officers must lodge the request, or a copy of it, at an office of the Australian Taxation Office, within:
	(a)	14 days after receiving the request; or
	(b)	a further period determined by the Commissioner in writing.
		Penalty:   5 penalty units.
10C	Responses to notice are nominations
	(1)	If a request, or a copy of the request, is lodged by the responsible officers of a relevant fund under subregulation 10B (4), the employee is taken to have nominated the fund specified in the request for paragraph 65 (1) (a) of the Act.
	(2)	A written nomination of a relevant fund lodged under paragraph 10A (4) (b), (5) (a) or 10D (b) is a nomination for paragraph 65 (1) (a) of the Act.
	(3)	If a notice given under regulation 10 specifies a relevant fund, and the employee does not otherwise nominate another relevant fund within 28 days after the date of the notice, the employee is taken, for paragraph 65 (1) (a) of the Act, to have nominated the relevant fund specified in the notice.
10D	Nomination when no notice has been given under regulation 10
		Whether or not the Commissioner has given an employee a notice under regulation 10, the employee may:
	(a)	request in writing the responsible officers of a relevant fund to collect from the Commissioner the amount, or the sum of the amounts, of the employee’s shortfall component; or
	(b)	lodge, at an office of the Australian Taxation Office, a written nomination of a relevant fund.
Notes
1.	These Regulations amend Statutory Rules 1993 No. 52, as amended by 1996 No. 148; Act No. 96, 1999; Statutory Rules 1999 No. 316.
2.	Notified in the Commonwealth of Australia Gazette on 10 May 2001.