Document ID: chunk:federal_register_of_legislation:C2025C00185:section:556:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 556 (pt 2/6)
Character Range: 1877925–1880778

the winding up—next, expenses incurred by a person as a member of the committee;
 (e) subject to subsection (1A)—next:
 (i) wages, superannuation contributions and superannuation guarantee charge payable by the company in respect of services rendered to the company by employees before the relevant date; or
 (ii) liabilities to pay the amounts of estimates under Division 268 in Schedule 1 to the Taxation Administration Act 1953 of superannuation guarantee charge mentioned in subparagraph (i);
 (f) next, amounts due in respect of injury compensation, being compensation the liability for which arose before the relevant date;
 (g) subject to subsection (1B)—next, all amounts due:
 (i) on or before the relevant date; and
 (ii) because of an industrial instrument; and
 (iii) to, or in respect of, employees of the company; and
 (iv) in respect of leave of absence;
 (h) subject to subsection (1C)—next, retrenchment payments payable to employees of the company.
 (1AA) Paragraph (1)(a) does not apply to expenses:
 (a) incurred by the administrator of a deed of company arrangement; and
 (b) relating to a debt or claim admissible to proof under paragraph 553(1A)(a);
unless the administrator is personally liable for the expenses.
 (1AAA) Paragraph (1)(a) does not apply to expenses:
 (a) incurred by the restructuring practitioner for a company; and
 (b) relating to a debt or claim admissible to proof under paragraph 553(1A)(b);
unless the restructuring practitioner is personally liable for the expenses.
 (1AAB) Paragraph (1)(a) does not apply to expenses:
 (a) incurred by the restructuring practitioner for a restructuring plan; and
 (b) relating to a debt or claim admissible to proof under paragraph 553(1A)(c);
unless the restructuring practitioner is personally liable for the expenses.

Superannuation guarantee charge
 (1A) The amount or total paid under paragraph (1)(e) to, or in respect of, an excluded employee of the company must be such that so much (if any) of it as is attributable to non‑priority days does not exceed $2,000.
 (1AB) For the purposes of paragraph (1)(e), if:
 (a) the company has a superannuation guarantee shortfall for a quarter; and
 (b) the shortfall relates to one or more employees; and
 (c) the quarter ends before the relevant date;
superannuation guarantee charge in respect of the quarter is taken to be payable by the company in respect of services rendered to the company by those employees before the relevant date.
 (1AC) If:
 (a) the company has a superannuation guarantee shortfall for a quarter; and
 (b) the shortfall relates to one or more employees; and
 (c) the relevant date occurs during the quarter; and
 (d) the relevant date is not the first day of the quarter;
then:
 (e) for the purposes of paragraph (1)(e), so much of the superannuation guarantee charge in respect of the quarter