Small Business Superannuation Clearing House – Employer terms and conditions of use and access

My business wishes to access and use the Small Business Superannuation Clearing House facility (the Clearing House) administered by Medicare Australia. I, on behalf of my business, understand that my business' access and use of the Clearing House is subject to the following terms and conditions. My business agrees to comply with these terms and conditions.

I, on behalf of my business, understand that:
1. each time the business uses the Clearing House, it is on the basis that the business employs fewer than 20 employees;
2. an employee is defined as any individual employee, regardless of whether they are employed on a full-time, part-time or casual basis;
3. Medicare Australia may monitor the business' access to the Clearing House, including for the purpose of assessing the business' eligibility to use the service;
4. the business' superannuation guarantee obligation is discharged when payment of the correct superannuation guarantee contribution amount is accepted by the Clearing House before the relevant superannuation payment cut-off dates;
5. a payment is considered not to have been accepted by the Clearing House if it is returned to the business (that is, the employer). This may occur if:
  1. a superannuation fund has rejected the payment on the basis of insufficient or incorrect information provided by the employer; or
  2. the actual amount paid by the employer does not match the payment instructions provided by the employer;
6. in the instance/s where a payment is considered not to have been accepted, all liability for losses incurred by an employee as a result of late or non-payment of monies to a superannuation fund remains with the business (as the employer); and
7. BPAY is the method by which the business must deposit money.
I, on behalf of my business, appoint Medicare Australia as my business' agent to inform the trustees of the relevant superannuation funds of the employee tax file numbers that I supply to Medicare Australia.
I, on behalf of my business, agree that it is my business' responsibility to ensure that the monies that my business deposits exactly match the instructions my business has provided.
I, on behalf of my business, agree that:
1. if a deposit is made to the Clearing House that does not match the instructions the business has provided, the Clearing House may return the monies to the bank account the business nominates in the Employer bank details section;
2. emails in relation to Clearing House transactions will be emailed to the email address the business nominates in the Employer details section;
3. if the status of the business' ABN changes, the business may no longer be entitled to use the Clearing House;
4. my details and my business' details may be provided to the superannuation funds or their administrators to assist in the resolution of any problems;
5. Medicare Australia may suspend or revoke my business' access to the Clearing House at any time at its absolute discretion;
6. inappropriate use of the Clearing House may result in deactivation of my user ID by Medicare Australia;
7. Medicare Australia is not liable, and will be held harmless, where Medicare Australia uses incorrect information provided by my business; and
8. Medicare Australia is not responsible for any failure in relation to any payments where my business does not provide correct bank account details.
I agree to:
1. keep my Clearing House user ID, password and any security details related to my business' access to the Clearing House confidential and secure;
2. not permit any other person to use my Clearing House user ID and/or password to access the Clearing House; and
3. change my secure access details regularly (including when required or prompted by the Clearing House and/or by Medicare Australia).
I, on behalf of my business, understand that:
1. Medicare Australia will deem any transaction using my Clearing House user ID and password to have been undertaken by me, on behalf of my business;
2. my business' ability to access the Clearing House facility is contingent on services provided by telecommunications and internet service providers, and other external factors, and that Medicare Australia cannot guarantee the availability of the Clearing House;
3. it is my business' responsibility to make superannuation contributions by the relevant cut-off dates through alternate means in the event of the Clearing House being unavailable; and
4. I am responsible for regularly accessing notices and information provided to the business by Medicare Australia through the Clearing House.
I, on behalf of my business, agree:
1. to take responsibility for any action taken, or action initiated by Medicare Australia as a result of an action taken, by anyone using my Clearing House user ID and password to access the Clearing House;
2. that Medicare Australia may make changes to the Clearing House at any time without any prior notice being given to me;
3. that Medicare Australia may notify me of changes to the Clearing House through information and notices available to me when I access the Clearing House; and
4. that, to the extent permitted by law, Medicare Australia is not liable to me or my business for any claim, loss, liability or expense incurred by me or my business in my business' access and use of the Clearing House.

Jurisdiction

These terms and conditions are governed by the laws of the Australian Capital Territory. All parties submit to the jurisdiction of the courts of the Australian Capital Territory.

Records and dealing with information

I, on behalf of my business, acknowledge that the existence of records in the Clearing House does not absolve my business of any obligation to keep full and accurate records in relation to superannuation, including obligations imposed on my business by legislation and the Australian Taxation Office.
I, on behalf of my business, agree to provide, on request, evidence acceptable to the Commonwealth of my compliance with these terms and conditions and of the accuracy of any information provided, and agree to take all reasonable steps to ensure that any employees, contractors or subcontractors of the business cooperate fully with any audit procedures conducted by the Commonwealth.

General requirements

I, on behalf of my business, agree not to represent myself or my business as an agent of the Commonwealth, or as in any way being endorsed by the Commonwealth.

I declare

I declare that, at the time of completing this form, my business employs fewer than 20 employees and is therefore entitled to use the Clearing House provided by the Australian Government free of charge.
I declare that, to the best of my knowledge, all employee information entered using the Add/edit employees form is true and correct.
I declare that, all employee superannuation fund choice information entered by me using the Add/edit employees form is a true and correct representation of the information the employee provided to my business.

Note: Giving false or misleading information is a serious offence.

Privacy note

The information you provide to the Clearing House will be used for the purpose of the administration of the Small Business Superannuation Clearing House scheme.

The collection of this information is authorised by the Superannuation Guarantee (Administration) Act 1992.

This information may be disclosed to the relevant superannuation funds and financial institutions in relation to payments under the scheme, the Australian Taxation Office and other relevant Government agencies, or as authorised or required by law.

Notice to employers

To ensure that your business' employees are made aware of how Medicare Australia intends to use and disclose the information collected by the Clearing House, we ask that you provide your business' employees with an employee privacy note print out.

Small Business Superannuation Clearing House – Superannuation entity terms and conditions of use and access

The superannuation entity (Entity) wishes to access and use the Small Business Superannuation Clearing House facility (the Clearing House) administered by Medicare Australia. The Entity understands that access and use of the Clearing House is subject to the following terms and conditions, and agrees to comply with these terms and conditions.

The Entity understands that the information supplied in the contribution report (available from the Clearing House website) is supplied solely for the purpose of:
1. matching and allocating member superannuation contributions; and
2. ensuring the employer obligation to pass on an employee's tax file number is met.
The Entity agrees to its helpdesk details being provided to employers to assist in the resolution of any problems.
The Entity understands that any information received or obtained via the Clearing House must be treated in accordance with the Privacy Act 1988.
The Entity agrees that Medicare Australia may suspend or revoke its access to the Clearing House at any time, at its absolute discretion.
The Entity understands that inappropriate use of the Clearing House may result in deactivation of its user ID by Medicare Australia.
The Entity agrees that Medicare Australia is not liable, and agrees to hold Medicare Australia harmless, where Medicare Australia uses incorrect information provided by the Entity.
The Entity agrees that Medicare Australia is not responsible for any failure in relation to any payments where the Entity has provided incorrect bank account details.
The Entity agrees to:
1. keep the Clearing House user ID, password and any security details related to its access confidential and secure;
2. change its secure access details regularly (including when required or prompted by the Clearing House and/or by Medicare Australia).
The Entity understands that Medicare Australia will deem any transaction using the Clearing House user ID and password to have been undertaken by the Entity, regardless of whether or not the transaction was actually undertaken by an employee or agent of the Entity.
The Entity understands that its ability to access the Clearing House is contingent on services provided by telecommunications and internet service providers, and other external factors, and that Medicare Australia cannot guarantee the availability of the Clearing House.
The Entity agrees that it is responsible for regularly accessing notices and information provided to it by Medicare Australia through the Clearing House.
The Entity understands that Medicare Australia may monitor its access of the Clearing House.
The Entity agrees to take responsibility for any action taken or initiated by Medicare Australia as a result of an action taken or initiated by any person using the Entity's Clearing House user ID and password to access the Clearing House.
The Entity agrees that Medicare Australia may make changes to the Clearing House at any time without any prior notice.
The Entity agrees that Medicare Australia may notify it of changes to the Clearing House through information and notices available to the Entity on accessing the Clearing House.
The Entity agrees that to the extent permitted by law, Medicare Australia is not liable to the Entity for any claim, loss, liability or expense incurred by the Entity in its access and use of the Clearing House.

Jurisdiction

These terms and conditions are governed by the laws of the Australian Capital Territory. All parties submit to the jurisdiction of the courts of the Australian Capital Territory.

Privacy Note

The information you provide to the Clearing House will be used for the purpose of the administration of the Small Business Superannuation Clearing House scheme.

The collection of this information is authorised by the Superannuation Guarantee (Administration) Act 1992.

This information may be disclosed to financial institutions in relation to payments under the scheme, the Australian Taxation Office and other relevant Government agencies, or as authorised or required by law.