Superannuation Guarantee Charge Act 1992

s 1 — Short title

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

s 2 — Commencement

This Act commences on 1 July 1992.

s 3 — Incorporation of the Superannuation Guarantee (Administration) Act

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

s 4 — Act binds Crown

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

s 5 — Imposition of charge

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

Amendment history: Amended by No 52 of 2002, effective sch 1: 1 July 2003 (s 2(1) item 2(a)) | Amended by No 58 of 2025, effective 1 July 2026 (s 2(1) item 1)

s 6 — Amount of charge

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

Amendment history: Amended by No 52 of 2002, effective sch 1: 1 July 2003 (s 2(1) item 2(a)) | Amended by No 58 of 2025, effective 1 July 2026 (s 2(1) item 1)

s 7 — Severability

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