sec.396Recovery of unpaid superannuation contribution

### sec.396 Recovery of unpaid superannuation contribution An application may be made to a magistrate for an order for payment of contributions to the approved superannuation fund payable for an eligible employee that are unpaid. The application may be made by— an employee who is an eligible employee on whose behalf an employer is required to contribute to an approved superannuation fund; or an employee organisation of which the employee is a member, acting for the employee; or an inspector. The application must be made within 6 years after the amount claimed became payable. On hearing the application, the magistrate must order the employer to pay the employee— the amount the magistrate finds to be payable and unpaid to the employee within the 6 years before the date of the application; and an amount the magistrate considers appropriate, based on the return that would have accrued in relation to the contribution had it been properly paid to the fund. The magistrate may award costs to either party in an amount assessed by the magistrate. The magistrate may only make an order about the payment of the amount that the commission may make under section 477 (1) or (2) . A person can not make an application under this section if an application has been made under chapter 11 , part 2 , division 4 , subdivision 9 for the same matter. (sec.396-ssec.1) An application may be made to a magistrate for an order for payment of contributions to the approved superannuation fund payable for an eligible employee that are unpaid. (sec.396-ssec.2) The application may be made by— an employee who is an eligible employee on whose behalf an employer is required to contribute to an approved superannuation fund; or an employee organisation of which the employee is a member, acting for the employee; or an inspector. (sec.396-ssec.3) The application must be made within 6 years after the amount claimed became payable. (sec.396-ssec.4) On hearing the application, the magistrate must order the employer to pay the employee— the amount the magistrate finds to be payable and unpaid to the employee within the 6 years before the date of the application; and an amount the magistrate considers appropriate, based on the return that would have accrued in relation to the contribution had it been properly paid to the fund. (sec.396-ssec.5) The magistrate may award costs to either party in an amount assessed by the magistrate. (sec.396-ssec.6) The magistrate may only make an order about the payment of the amount that the commission may make under section 477 (1) or (2) . (sec.396-ssec.7) A person can not make an application under this section if an application has been made under chapter 11 , part 2 , division 4 , subdivision 9 for the same matter. - (a) an employee who is an eligible employee on whose behalf an employer is required to contribute to an approved superannuation fund; or - (b) an employee organisation of which the employee is a member, acting for the employee; or - (c) an inspector. - (a) the amount the magistrate finds to be payable and unpaid to the employee within the 6 years before the date of the application; and - (b) an amount the magistrate considers appropriate, based on the return that would have accrued in relation to the contribution had it been properly paid to the fund.