Commonwealth Consolidated Acts

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 299C

  (1)   If:

  (a)   an employee:

  (i)   quotes or first quotes his or her tax file number after the commencement of this section to his or her employer in connection with the operation or the possible future operation of this Act and the other Superannuation Acts; or

  (ii)   quotes or first quotes his or her tax file number on or after 1   July 2007 to his or her employer in connection with the operation of Division   3 of Part   VA of the Income Tax Assessment Act 1936 ; and

  (b)   after the employee quotes or first quotes the tax file number, the employer makes a contribution to an eligible superannuation entity for the benefit of the employee; and

  (c)   the employer has not previously informed a trustee of the entity of the employee's tax file number;

the employer must inform a trustee of the entity of the employee's tax file number before the required time (see subsection   (2)).

Note:   Division   3 of Part   VA of the Income Tax Assessment Act 1936 deals with quotation of tax file numbers by recipients of eligible PAYG payments.

  (2)   The required time is:

  (a)   if the quotation or first quotation of the tax file number takes place more than 14 days before the employer makes the contribution--the end of the day on which the employer makes the contribution; or

  (b)   in any other case--the end of the 14th day after the day on which the quotation or first quotation of the tax file number takes place.

  (3)   The employer commits an offence if the employer contravenes subsection   (1). This is an offence of strict liability.

Penalty:   10 penalty units.

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   For strict liability , see section   6.1 of the Criminal Code .

  (4)   A disclosure of the employee's tax file number to the employer under section   202CG of the Income Tax Assessment Act 1936 is taken, for the purposes of this section, to be a quotation of the number by the employee to his or her employer in connection with the operation of Division   3 of Part   VA of that Act.