Commonwealth Consolidated Acts

TAXATION LAWS AMENDMENT (SUPERANNUATION) ACT (NO. 2) 2002 - SCHEDULE 6

Bankruptcy Act 1966

1   After subsection 109(1B)

Insert:

  (1C)   The reference in paragraph   (1)(e) to amounts due to or in respect of any employee of the bankrupt also includes a reference to amounts due as superannuation guarantee charge (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ), or general interest charge in respect of non - payment of the superannuation guarantee charge.

2   Application of amendment made by item   1

The amendment made by item   1 applies to bankruptcies for which the date of the bankruptcy is after the commencement of that item.

Family Law Legislation Amendment (Superannuation) (Consequential Provisions) Act 2001

3   Item   34 of Schedule   1

Omit "(6A)(d)", substitute "(6AA)(d)".

4   Item   36 of Schedule   1

Omit "(6A)", substitute "(6AA)".

5   Item   37 of Schedule   1 (subsection   (6A))

Renumber as subsection   (6AA).

6   Item   38 of Schedule   1

Omit "or (6A)", substitute ", (6AA)".

7   Item   39 of Schedule   1

Omit "(6A)", substitute "(6AA)".

Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997

8   Subsection 15(7)

Before ", the Commissioner", insert "or (6A)".

Superannuation Guarantee (Administration) Act 1992

9   At the end of section   52

Add:

Note:   The priority of superannuation guarantee charge in a bankruptcy is dealt with in section   109 of the Bankruptcy Act 1966 .

Taxation Administration Act 1953

10   Subsection 16 - 170(3) in Schedule   1

After "16 - 165", insert ", 16 - 166".

11   Application of amendment made by item   10

The amendment made by item   10 applies in relation to payments made on or after the commencement of that item.

12   Subsection 16 - 175(1) in Schedule   1

After "16 - 165", insert ", 16 - 166".

13   Subsection 16 - 175(1) in Schedule   1 (before the note)

Insert:

Penalty:   20 penalty units.

14   Application of amendments made by items   12 and 13

The amendments made by items   12 and 13 apply in relation to payments made on or after the commencement of those items.

Notes to the Taxation Laws Amendment (Superannuation) Act (No. 2) 2002

Note 1

The Taxation Laws Amendment (Superannuation) Act (No.   2) 2002 as shown in this compilation comprises Act No.   51 , 200 2 amended as indicated in the Tables below.

Table of Acts

Table of Amendments