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SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 32NA

When a standard choice form does not have to be provided

             (1)  An employer is not required under section 32N to give an employee a standard choice form if the employee has chosen a fund under section 32F by the time specified in subsection 32N(1), (2), (3) or (4).

          (1A)  An employer is not required under section 32N to give an employee a standard choice form if:

                     (a)  the employer is making contributions of a kind mentioned in subsection 32C(2) for the benefit of the employee; and

                     (b)  the fund to which the contributions are made meets the requirements to be a successor default fund under subsection 32C(2AB).

             (2)  An employer is not required under section 32N to give an employee a standard choice form if:

                     (a)  the employer is making contributions of a kind mentioned in subsections 32C(3) to (9) for the benefit of the employee; and

                     (b)  the contributions are made in compliance with the choice of fund requirements.

             (3)  Subject to subsections 32N(3) and (4), an employer is not required under section 32N to give an employee a standard choice form if:

                     (a)  the employee has chosen a fund before 1 July 2005; and

                     (b)  the fund so chosen is to be taken, in accordance with subsection 32F(1A), to be the chosen fund for that employee.

             (4)  An employer is not required under section 32N to give an employee a standard choice form if the employee:

                     (a)  is a member of an unfunded public sector scheme; and

                     (b)  is not a Commonwealth employee who is a member of the CSS or the PSS.

             (5)  An employer is not required under section 32N to give an employee a standard choice form if the employee ceases to be an employee before the end of the period for giving a standard choice form to the employee.

             (6)  An employer is not required under section 32N to give an employee a standard choice form if:

                     (a)  it is a condition of the employment of that employee that the employee choose a fund from funds that include all funds that are eligible choice funds for the employer at the time the choice is made; and

                     (b)  the employer does not have an arrangement to pay contributions to a fund for the benefit of an employee in the event that the employee failed or refused to choose a fund.

             (7)  An employer is not required under section 32N to give an employee a standard choice form during a quarter if:

                     (a)  the employee is a defined benefit member of a defined benefit superannuation scheme; and

                     (b)  subsection 20(2) is satisfied in relation to that scheme and that quarter.

             (8)  An employer is not required under section 32N to give an employee a standard choice form during a quarter if:

                     (a)  the employee is a defined benefit member of a defined benefit superannuation scheme; and

                     (b)  subsection 20(3) is satisfied in relation to the defined benefit that has accrued to that member.

             (9)  An employer is not required under section 32N to give an employee a standard choice form if:

                     (a)  the employee is a defined benefit member of a defined benefit superannuation scheme; and

                     (b)  the employee would be entitled, on the employee's retirement, resignation or retrenchment, to the same amount of benefit from the defined benefit superannuation scheme, whether or not the employee had contributions made by the employer for his or her benefit to a fund other than the defined benefit superannuation scheme.

           ( 10)  An employer is not required under section 32N to give an employee a standard choice form if:

                     (a)  the employee is covered by a notional agreement preserving State awards or a preserved State agreement; and

                     (b)  before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005 , the employer was required, under a State law, to give the employee a notification that the employee can choose a superannuation fund; and

                     (c)  the employer has given the notification mentioned in paragraph (b) to the employee.

           (11)  An employer is not required under section 32N to give an employee a standard choice form if the employee is, within the meaning of the Migration Act 1958 , the holder of a temporary visa.



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