Bill
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill 2019
passed, as at 2020-03-06. Treasury portfolio.
- Sponsor
- Not recorded
- Portfolio
- Treasury
Recorded stages
- introduced — 2019-09-18
- second reading — 2019-09-18
- second reading — 2019-11-27
- second reading — 2019-11-28
- second reading — 2019-11-28
- third reading — 2019-11-28
- introduced — 2019-12-02
- second reading — 2019-12-02
- second reading — 2020-02-11
- second reading — 2020-02-13
- second reading — 2020-02-24
- second reading — 2020-02-24
- committee — 2020-02-24
- third reading — 2020-02-24
- passed — 2020-02-24
- royal assent — 2020-03-06
Divisions
- Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill 2019 - Second Reading - Stop MP Wilson from speaking — 2019-11-28, House of Representatives: negative, ayes 60, noes 76
- Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill 2019 - Second Reading - Stop Falinski MP from speaking — 2019-11-28, House of Representatives: negative, ayes 61, noes 76
- The majority voted against a [motion](https://www.openaustralia.org.au/debates/?id=2019-11-28.36.2) introduced by Whitlam MP [Stephen Jones](https://theyvoteforyou.org.au/people/representatives/whitlam/stephen_jones) (Labor), which means it failed. ### Motion text > *That all words after "That" be omitted with a view to substituting the following words:* > > *"the House:* > > *(1) declines to give the bill a [second reading](https://www.peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/);* > > *(2) notes that the Government is not doing enough to combat the blatant theft of workers' entitlements by dodgy bosses;* > > *(3) calls on the Government to help protect Australian unions protect Australian workers from superannuation theft; and* > > *(4) further calls on the Government to end policy uncertainty on superannuation and ensure Australians can enjoy a comfortable retirement by committing to the legislated increases to the superannuation guarantee".* — 2019-11-28, House of Representatives: negative, ayes 63, noes 77
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debate/?id=2019-11-28.46.4) to agree with the main idea of the bill. In parliamentary jargon, they voted to read it [for a second time](https://www.peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). This means it can now be discussed in more detail. ### What is the bill's main idea? According to the [bill homepage](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6413), the bill was introduced to: > *provide for a one-off amnesty to encourage employers to self-correct historical superannuation guarantee non compliance; and ... to limit the Commissioner of Taxation’s ability to remit penalties for historical superannuation guarantee non-compliance, where an employer fails to disclose information relevant to their historical superannuation guarantee shortfall.* — 2019-11-28, House of Representatives: affirmative, ayes 78, noes 61
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debates/?id=2019-11-28.50.1) to pass the bill. In parliamentary jargon, they voted to read it [for a third time](https://www.peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). This means it can now be sent to the Senate for their consideration. ### What does the bill do? According to the [bill homepage](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6413), the bill was introduced to: > *provide for a one-off amnesty to encourage employers to self-correct historical superannuation guarantee non compliance; and ... to limit the Commissioner of Taxation’s ability to remit penalties for historical superannuation guarantee non-compliance, where an employer fails to disclose information relevant to their historical superannuation guarantee shortfall.* — 2019-11-28, House of Representatives: affirmative, ayes 77, noes 60
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2020-02-24.37.1) introduced by NSW Senator [Jenny McAllister](https://theyvoteforyou.org.au/people/senate/nsw/jenny_mcallister) (Labor), which means they failed. Senator McAllister explained the amendments in [her contribution](https://www.openaustralia.org.au/senate/?gid=2020-02-24.37.1). ### Motion text > *(1) Clause 2 , page 2 (at the end of the table), add:* > > *[commencement]* > > *(2) Page 9 (after line 28) , at the end of the Bill, add:* > > *Schedule 2—Superannuation contributions in National Employment Standards* > > *Fair Work Act 2009* > > *1 After paragraph 61(2 )( h)* > > *Insert:* > >> *(ha) superannuation contributions (Division 10A);* > > *2 After Division 10 of Part 2-2 of Chapter 2* > > *Insert:* > >> *Division 10A—Superannuation contributions* >> >> *116A Superannuation contributions* >> >> *Obligation in relation to contributions* >> >> *(1) An employer must make contributions to a superannuation fund for the benefit of an employee so as to avoid liability to pay superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 in relation to the employee.* >> >> *Amount of contributions* >> >> *(2) The amount of the contributions relating to the employee is to be worked out:* >> >>> *(a) in accordance with the Superannuation Guarantee (Administration) Act 1992 ; or* >>> >>> *(b) if a modern award or enterprise agreement applies to the employee and provides for an amount higher than the amount applicable under paragraph (a)—in accordance with the modern award or enterprise agreement (as the case requires).* >> >> *Superannuation fund* >> >> *(3) The superannuation fund to which the contributions relating to the employee are made must be:* >> >>> *(a) if a superannuation fund is a chosen fund (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ) for the employee—that superannuation fund; or* >>> >>> *(b) if there is no c — 2020-02-24, Senate: negative, ayes 31, noes 37
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?id=2020-02-24.40.1) to pass the [bill](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6413) in the Senate. Because it had already passed in the House, it will now become law. ### What does this bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd075), the bill: > *proposes amendments to superannuation and related tax laws to encourage the recovery of unpaid Superannuation Guarantee (SG) by introducing a temporary amnesty from late payment penalties for employers who disclose that they have underpaid SG in the past.* — 2020-02-24, Senate: affirmative, ayes 37, noes 31
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2019-09-18.
The bill would give employers a one-off chance to fix past failures to pay superannuation guarantee without facing the usual penalties.
It would stop the Tax Commissioner from waiving penalties for past super shortfalls unless the employer voluntarily comes forward with the relevant information.
The amnesty is part of a broader government effort that recently made it easier for the tax office to track super payments and impose tougher penalties.
- Creates a one-off amnesty for employers to self-correct historical superannuation guarantee non-compliance.
- Limits the Commissioner's power to remit penalties for historical super shortfalls when an employer does not disclose relevant information.
- Introduces legislated minimum penalties for employers who fail to come forward during the amnesty.
Employers who have not met their superannuation guarantee obligations in the past.
Sources
em
billhome
frl act