After section 2 of the Principal Act, the following sections are inserted:

2A.     Superannuation benefits relating to services performed before 1 July 1997

(1)  Money paid or payable by an employer on or after 1 July 1997 as a superannuation benefit that is alleged by the employer to be paid or payable in respect of services performed or rendered by an employee before that day is to be evidenced to the satisfaction of the Commissioner in the employer's records for pay-roll tax purposes.

(2)  In particular, the employer's records are to show the manner of calculation of the superannuation benefit and any actuarial basis for it.

(3)  For the purposes of subsection (2) and of any assessment of pay-roll tax to which that subsection is material, the certificate of a fellow or accredited member of the Institute of Actuaries of Australia to the effect that the actuarial basis on which an amount is calculated is justified is evidence and, in the absence of evidence to the contrary, proof of that fact.

(4)  If records are not kept as required by this section, the Commissioner is entitled to assume, for the purposes of an assessment of pay-roll tax, that a payment of money by an employer as a superannuation benefit on or after 1 July 1997 is an amount payable in respect of services performed or rendered by an employee on or after that day.

2B.     Superannuation benefits not readily related to particular employees or their periods of service

For the purposes of an assessment of pay-roll tax, the Commissioner may determine –

(a) whether, and the extent to which, any money paid or payable by an employer to a superannuation, provident or retirement fund or scheme that is not identified by the employer as paid or payable in respect of a particular employee (and whether or not purporting to be so paid or payable on any actuarial basis) is to be regarded as a superannuation benefit paid or payable in respect of a particular employee; and

(b) subject to section 2A , the portion of any money paid on or after 1 July 1997 by an employer as a superannuation benefit to a wholly or partly unfunded fund or scheme, being money paid in respect of an employee (or that is to be regarded under paragraph (a) to have been so paid) who performed or rendered services to the employer on or after, as well as before, 1 July 1997, that is to be regarded as having been paid in respect of services performed or rendered before that date.