Document ID: chunk:federal_register_of_legislation:C2020C00204:clause:1_1:p1
Version: federal_register_of_legislation:C2020C00204
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/2)
Character Range: 21344–24201

1     Superannuation Guarantee (Administration) Act 1992

384‑15  Education direction
 (1) If section 384‑10 applies to you, the Commissioner may give you a written direction (an education direction) requiring you to:
 (a) ensure that any of the following individuals undertakes a specified approved course of education (see section 384‑20):
 (i) if you are an individual—you;
 (ii) an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of your business; and
 (b) provide the Commissioner with evidence that the individual has completed the course.
 (2) The education direction must specify the period within which you must comply with the direction (which must be a period that is reasonable in the circumstances).
Note: The period may be affected by the operation of subsection 384‑35(7).
 (3) You must comply with the direction within the specified period.
Note: Failure to comply with this subsection is an offence against section 8C.
 (4) You are taken to comply with the direction if, and only if:
 (a) an individual referred to in paragraph (1)(a) undertakes the specified approved course of education during the specified period; and
 (b) before the end of the specified period, you provide the Commissioner with evidence that the individual has completed the course.
 (5) You are liable to an administrative penalty of 5 penalty units if you contravene subsection (3).
Note: Division 298 contains machinery provisions for administrative penalties.
 (6) An education direction is not a legislative instrument.

384‑20  Approval of courses of education
 (1) The Commissioner may, in writing, approve one or more courses of education for the purposes of giving education directions.
 (2) A course approved under subsection (1) may be provided by the Commissioner or by another entity.
 (3) An approval under subsection (1) is not a legislative instrument.

384‑25  Costs of course of education
 (1) The Commissioner or other entity providing an approved course of education may charge fees for the course.
 (2) Any fees charged must not be such as to amount to taxation.

384‑30  Variation or revocation on Commissioner's own initiative
  If the Commissioner has given you an education direction, the Commissioner may, at any time, vary or revoke the education direction by written notice given to you.

384‑35  Variation on request
 (1) If the Commissioner has given you an education direction, you may ask the Commissioner to vary the direction.
 (2) The request must be made by written notice given to the Commissioner before the end of the period specified in the direction for the purposes of subsection 384‑15(2).
 (3) The request must set out the reasons for making the request.
 (4) The Commissioner must decide:
 (a) to vary the direction in accordance with the request; or
 (b) to vary