68ATrustees must not use goods or services to influence employers

68A Trustees must not use goods or services to influence employers

(1) A trustee of a regulated superannuation fund, or an associate of a trustee of a regulated superannuation fund, must not: (a) supply, or offer to supply, goods or services to a person, or a relative or associate of a person; or (b) supply, or offer to supply, goods or services to a person, or a relative or associate of a person, at a particular price; or (c) give or allow, or offer to give or allow, a discount, allowance, rebate or credit in relation to the supply, or the proposed supply, of goods or services to a person, or a relative or associate of a person; if that action could reasonably be expected to: (d) influence the choice of the fund into which the person pays superannuation contributions for employees of the person who have no chosen fund; or (e) influence the person to encourage one or more of the person’s employees to remain, or apply or agree to be, a member of the fund.

Note: Under the Superannuation Guarantee (Administration) Act 1992, employers will need to pay contributions for an employee who has no chosen fund into a fund chosen by the employer, in order to meet the choice of fund requirement and so avoid an increased individual superannuation guarantee shortfall for the employee. There are other limits on the fund that may be chosen by the employer (see Part 3A of that Act).

(2) However, subsection (1) does not apply in relation to a supply of a kind prescribed in the regulations for the purposes of this subsection. (3) A trustee of a regulated superannuation fund, or an associate of a trustee of a regulated superannuation fund, must not refuse to: (a) supply, or offer to supply, goods or services to a person, or a relative or associate of a person; or (b) supply, or offer to supply, goods or services to a person, or a relative or associate of a person, at a particular price; or (c) give or allow, or offer to give or allow, a discount, allowance, rebate or credit in relation to the supply, or the proposed supply, of goods or services to a person, or a relative or associate of a person; if it is reasonable to conclude that the refusal is given because: (d) the person has not chosen the fund as the fund into which the person pays superannuation contributions for employees of the person who have no chosen fund; or (e) the person has not encouraged one or more of the person’s employees to remain, or apply or agree to be, a member of the fund.

Note: Under the Superannuation Guarantee (Administration) Act 1992, employers will need to pay contributions for an employee who has no chosen fund into a fund chosen by the employer, in order to meet the choice of fund requirement and so avoid an increased individual superannuation guarantee shortfall for the employee. There are other limits on the fund that may be chosen by the employer (see Part 3A of that Act).