Document ID: chunk:federal_register_of_legislation:F2024C01224:front:0:p25
Version: federal_register_of_legislation:F2024C01224
Segment Type: other
Provision Reference: 
Character Range: 62029–65325

Northern Territory
9.1                           Criminal Property Forfeiture Act 2002       Section 75
                                                                          Section 76
                                                                          Section 80
                                                                          Section 96
                                                                          Section 97
                                                                          Section 99

3.06  Mandated employer contributions
 (1) Subject to this regulation, contributions to an RSA are taken to be mandated employer contributions.
 (2) If:
 (a) at least 1 year has elapsed since the RSA provider received the contributions in respect of the RSA; and
 (b) the RSA provider:
 (i) is satisfied that the contributions are not in fact mandated employer contributions; and
 (ii) decides not to continue to treat the contributions as mandated employer contributions;
subregulation (1) ceases to apply to the contributions.
 (3) If:
 (a) less than 1 year has elapsed since the RSA provider received the contributions in respect of the RSA; and
 (b) the RSA provider is satisfied that the contributions are not in fact mandated employer contributions;
subregulation (1) ceases to apply to the contributions.
 (4) The RSA provider has power to make a decision of the kind mentioned in subparagraph 2(b)(ii) despite anything in the terms and conditions of the RSA.
Example of the application of this regulation
       An RSA provider may receive a non‑mandated employer contribution from an employer that the RSA provider does not know is a non‑mandated employer contribution (ie, a contribution not made in satisfaction of the employer's superannuation guarantee or award obligation).
       On acceptance, the contribution will be taken to be a mandated employer contribution.
From this point, one of three circumstances may apply:
          (a) the RSA provider may become aware in the first year after the contribution was received that the contribution is a non‑mandated employer contribution, and, if this is the case, the RSA provider must treat the contribution as a non‑mandated employer contribution; or
          (b) the RSA provider may become aware more than a year after the contribution was received that the contribution is a non‑mandated employer contribution, and, if this is the case, the RSA provider may continue to treat the contribution as a mandated employer contribution instead of making corrections to reflect the change; or
          (c) the RSA provider may never become aware that the contribution is a non‑mandated employer contribution, and, if this is the case, the contribution will always be taken to be a mandated employer contribution.

3.06A  Priority in deducting surcharge or instalment
 (1) This regulation applies if an RSA provider has decided to reduce an RSA holder's benefits in an RSA in connection with payment of a superannuation contributions surcharge or an advance instalment of surcharge.
 (2) In reducing the RSA holder's benefits, the RSA provider must:
 (a) if possible—deduct an amount equal to the whole of the amount of the reduction from the preserved benefits; and
 (b) if the required deduction cannot