Document ID: chunk:federal_register_of_legislation:F2021L01453:body:0:p3
Version: federal_register_of_legislation:F2021L01453
Segment Type: other
Provision Reference: 
Character Range: 6008–8334

choice of fund requirements, or

           (b)          the employer has a history of not meeting choice requirements for other entities, or

           (c)           the employer took steps to obstruct the Commissioner from determining any superannuation guarantee or choice liability.

    New employers

       (13)      New employers, with no previous business experience, will generally have any choice shortfall reduced to nil in their first year of operation unless the non-compliance was due to the employer intentionally not complying.

    Other matters

       (14)      A written notice of decision made under subsection 19(2E) of the Superannuation Guarantee (Administration) Act 1992 will be given to the employer who is liable to pay the choice shortfall. The written notice will contain the reasons why the reduction in the choice shortfall was or was not made.

       (15)      The Commissioner's power to reduce the choice shortfall does not extend to any individual superannuation guarantee shortfalls which arise where the employer fails to make sufficient superannuation contributions to a complying fund or retirement savings account.

    5.             Repeals
    This instrument replaces and repeals Superannuation Guarantee (Administration) Act 1992 – Written Guidelines for the Reduction of an Increase in an Employer's Individual Superannuation Guarantee Shortfall (F2006L01821) registered on 15 June 2006.

    6.             Definitions
    A number of expressions used in this instrument are defined in Superannuation Guarantee (Administration) Act 1992, including the following:

           (a)          charge percentage, has the meaning given by subsection 19(1)

           (b)          chosen fund, has the meaning given by section 32F

           (c)           complying superannuation fund or scheme, has the meaning given by section 7

           (d)          individual superannuation guarantee shortfall, has the meaning given by subsection 19(1)

           (e)          RSA (or retirement savings account), has the meaning given by section 6 with reference to the Retirement Savings Accounts Act 1997

           (f)            stapled fund, has the meaning given by section 32Q

           (g)          superannuation guarantee charge, has the meaning given by section 6.