189 Establishment of surchargeable contributions debt account
(1) The Commission must calculate for each member a notional contributions surcharge amount having regard to –
(a) the member’s salary; and
(b) the notional surchargeable contributions factor provided to the Commission by the Actuary as required by the law of the Commonwealth and these regulations.
(2) The Commission must provide the Taxation Commissioner, as required by the law of the Commonwealth, with particulars of the notional contributions surcharge amount in respect of each member.
(3) If a member requests, the Commission is to give to the member a copy of the particulars in relation to that member given to the Taxation Commissioner under subregulation (2) , together with details of how the notional contributions surcharge amount was calculated.
(4) If a member believes that the amount referred to in subregulation (2) is incorrect, the member may by notice in writing to the Commission –
(a) request that the calculation of the amount be reviewed; and
(b) request the Commission to consider any evidence which the member may submit to it.
(5) If a surchargeable contributions debt or similar account was established for a member under the former superannuation scheme, a former SFCS trust deed or the SFCS Trust Deed, the account continues to have effect as if it was a surchargeable contributions debt account established by the Commission under this regulation.
(6) Subject to subregulation (7) , on receipt of an assessment notice from the Taxation Commissioner in respect of a member, the Commission must –
(a) establish a surchargeable contributions debt account in the name of the member; and
(b) debit the surchargeable contributions debt account by the amount of any surcharge contributions tax liability specified in the notice of assessment relating to the member; and
(c) pay that amount to the Taxation Commissioner.
(7) On receipt of an assessment notice, or amended assessment notice, from the Taxation Commissioner in respect of a member in circumstances where a surchargeable contributions debt account has already been established for a member, the Commission –
(a) must not debit the account by the amount of the surcharge contributions tax liability specified in the notice; and
(b) must adjust the balance of the account, to reflect the change in the member’s surcharge contributions tax liability required by the notice, by comparison with the last of such notices previously provided by the Taxation Commissioner in respect of the member; and
(c) must pay or recover from the Taxation Commissioner the amount by which the surchargeable contributions debt account has been adjusted under paragraph (b) .
(8) If the surchargeable contributions debt account is in debit at the end of a financial year, the Commission must, in accordance with the law of the Commonwealth, debit the account with interest.
(9) A member may make payments to his or her surchargeable contributions debt account to reduce in full or in part the balance of the account, and any such payment is taken not to be a contribution for the purposes of these regulations.
(10) A payment made under this regulation by the State Fire Commission on behalf of a member as part of the member’s remuneration is taken to be a contribution by the State Fire Commission for the purposes of these regulations.
(11) On receipt of a payment under subregulation (9) or (10) in relation to a member, the Commission must –
(a) credit the surchargeable contributions debt account of the member; and
(b) take any other action required under the law of the Commonwealth relating to the surcharge liability.
(12) If a lump sum benefit entitlement becomes payable by the Commission to a member whose account, established or maintained under this regulation, is or has been in debit, the Commission must reduce the benefit payable by the extent of –
(a) the balance of the member’s surchargeable contributions debt account; and
(b) any foregone investment earnings and associated amounts.
(13) The Commission must, at least annually, inform each member of the balance of the member’s surchargeable contributions debt account and of any debits or credits, including interest, to that account.