Superannuation Guarantee (Administration) Regulations 1993
Statutory Rules No. 52, 1993
made under the
Superannuation Guarantee (Administration) Act 1992
Compilation No. 25
Compilation date: 1 July 2015
Includes amendments up to: SLI No. 39, 2015
Registered: 31 July 2015
About this compilation
This compilation
This is a compilation of the Superannuation Guarantee (Administration) Regulations 1993 that shows the text of the law as amended and in force on 1 July 2015 (the compilation date).
This compilation was prepared on 20 July 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Regulations
2 Interpretation
3 Benefit certificates
4 Notional employer contribution rate: general
5 Notional employer contribution rate: accumulation benefits
6 Notional employer contribution rate: defined benefits
6A Circumstances in which member taken to be defined benefit member
7 Certain employees and payments excluded
7AC Exclusion of salary or wages under scheduled international social security agreement (Act s 27 (1) (e))
7AD Salary or wages— general exclusions (Act s 27)
7AE Approved clearing houses
7A Nominal interest component—rate applicable
9A Requirement for offering insurance in respect of death
9B Contributions under prescribed legislation
9C Chosen funds—information to be provided by employee
9D Standard choice form
10 Employee must be notified of certain shortfall components (Act s 65)
10A Responses to notice of a shortfall component
10B Obligation of responsible officers who receive a request from employee
10C Responses to notice are nominations
10D Nomination when no notice has been given under regulation 10
11 Shortfall component not to be paid in certain circumstances
Schedule 1—Requirement for offering insurance in respect of death
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Regulations
These Regulations are the Superannuation Guarantee (Administration)…
Overview
The Superannuation Guarantee (Administration) Regulations 1993 were enacted to provide a detailed framework for the administration of the superannuation guarantee provisions, addressing gaps and ensuring compliance with the Superannuation Guarantee (Administration) Act 1992. This Act was introduced by the Australian Parliament to enforce the mandatory superannuation contributions by employers, ensuring that employees receive a minimum level of retirement benefits. The regulations provide specific rules and procedures to be followed by employers, trustees, and other relevant parties in relation to the calculation, payment, and administration of superannuation contributions, including the establishment of notional employer contribution rates, the provision of benefit certificates, and the handling of shortfall components. The policy objective of these regulations is to enhance the effectiveness and efficiency of the superannuation guarantee system, ensuring that employees receive the retirement benefits they are entitled to.
Scope and Application
The Superannuation Guarantee (Administration) Regulations 1993 apply to employers, employees, and superannuation funds within Australia. The Regulations are made under the Superannuation Guarantee (Administration) Act 1992 and pertain to the administration and enforcement of superannuation guarantee provisions. They cover a range of aspects including the calculation of notional employer contribution rates, the circumstances under which certain employees and payments are excluded from the requirements of the Act, and the procedures for offering insurance in respect of the death of superannuation fund members. Exemptions and exclusions are provided for specific categories of employees, such as those on parental leave or those engaged in community service activities, and for payments made under certain employment programs or international social security agreements. The Regulations also detail the obligations of employers to obtain benefit certificates from actuaries and the conditions under which insurance must be provided or offered in respect of the death of superannuation members. The scope of the Regulations is national, applying across all jurisdictions within Australia. The Regulations are subject to amendments through subordinate instruments, which adjust specific provisions or introduce new requirements as necessary to align with legislative changes or administrative practices.
Key Provisions
- The Superannuation Guarantee (Administration) Regulations 1993 provide detailed rules and requirements for the implementation of the Superannuation Guarantee (Administration) Act 1992 (the "Act"). These regulations govern aspects such as benefit certificates, notional employer contribution rates, and the provision of insurance in respect of death, among others. The regulations detail how employers must obtain benefit certificates from an actuary (Reg. 3), calculate notional employer contribution rates (Regs. 4, 5, and 6), and the circumstances in which a member is taken to be a defined benefit member (Reg. 6A). They also specify certain employees and payments that are excluded from the Act's coverage (Regs. 7 and 7AD), and outline the requirements for offering insurance in respect of death for different categories of superannuation members (Reg. 9A). Furthermore, the regulations mandate that employers must provide specific information to employees regarding their shortfall components (Reg. 10) and detail the obligations of responsible officers when they receive requests from employees (Reg. 10B).
- These regulations impose various obligations on employers and responsible officers. Employers must obtain benefit certificates from an actuary and ensure they comply with the notional employer contribution rates (Regs. 3, 4, 5, and 6). They are also required to provide employees with information about their shortfall components and allow employees to nominate relevant funds (Regs. 10 and 10D). Responsible officers must acknowledge receipt of employee requests, specify the date of receipt, and comply with the requests within specified timelines (Reg. 10B).
- The regulations also set out various offences and penalties for non-compliance. For instance, responsible officers who fail to acknowledge receipt of a request or specify the date of receipt within the mandated period commit an offence and are liable for a penalty of 5 penalty units (Reg. 10B(2)). Similarly, if responsible officers decline to comply with a request, they must notify the employee within 14 days, and failure to do so also constitutes an offence with a penalty of 5 penalty units (Reg. 10B(3)). These offences are of strict liability, meaning that intent or negligence is not required to establish the offence (Regs. 10B(2A), 10B(3A), and 10B(5)).
- Area of Law
- Superannuation Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
