Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Subsection 3(1) (after paragraph (e) of the definition of relevant body )
Insert:
(ea) an approved authority for the purposes of the Superannuation Act 2005 ; or
2 Subsection 3(1) (subparagraph (a)(i) of the definition of relevant subsidiary )
After " Superannuation Act 1990 ", insert "or described in paragraph 8(3)(a), (b), (c) or (d) of the Superannuation Act 2005 ".
3 Subsection 3(1) (definition of superannuation benefits )
Omit "or the Superannuation Act 1990 ", substitute ", the Superannuation Act 1990 or the Superannuation Act 2005 ".
4 After subsection 6(1)
Insert:
(1A) Despite subsection (1), the prescribed requirements for the provision of superannuation benefits under a superannuation arrangement have no effect to the extent (if any) that compliance with those requirements could result in:
(a) an employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ) becoming liable to pay superannuation guarantee charge; or
(b) a Commonwealth Department (within the meaning of section 5 of the Superannuation Guarantee (Administration) Act 1992 ) becoming notionally liable to pay superannuation guarantee charge in accordance with subsection 5(2) of that Act; or
(c) an untaxable Commonwealth authority (within the meaning of section 5 of the Superannuation Guarantee (Administration) Act 1992 ) becoming notionally liable to pay superannuation guarantee charge in accordance with subsection 5(2A) of that Act.
5 Subsection 6(6)
After "this section", insert "(other than subsection (1A))".
6 Paragraphs 8(a) and (b)
After " Superannuation Act 1990 ", insert ", the Superannuation Act 2005 ".