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SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 59

Failure to provide statements or information

  (1)   If an employer other than a government body refuses or fails to provide, when and as required under this Act, a superannuation guarantee statement or information relevant to assessing the employer's liability to pay superannuation guarantee charge for a quarter , the employer is liable to pay, by way of penalty, additional superannuation guarantee charge equal to double the amount of superannuation guarantee charge payable by the employer for the quarter .

  (2)   An employer liable to pay superannuation guarantee charge for a quarter must:

  (a)   keep a record in relation to the quarter containing details of the basis of calculation of the following amounts:

  (ii)   the individual superannuation guarantee shortfalls of the employer for the quarter ;

  (iii)   the employer's nominal interest component for the quarter ;

  (iv)   the employer's administration component for the quarter ;

    that were specified in a superannuation guarantee statement under section   33 or a statement under section   34; or

  (b)   produce to the Commissioner, when and as required by the Commissioner under this Act, a document containing details of the basis of calculation of the amounts referred to in paragraph   ( 2)(a) that were specified in a superannuation guarantee statement under section   33 or a statement under section   34.

  (3)   If the amount of additional superannuation guarantee charge that would, but for this subsection, be payable under subsection   ( 1) or (2) is less than $20, the additional superannuation guarantee charge payable is $20.


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