Chapter 1Introduction

1.1On 5 February 2026, the Senate referred the provisions of the Treasury Laws Amendment (Supporting Choice in Superannuation and Other Measures) Bill 2025 (the bill) to the Senate Economics Legislation Committee (the committee) for inquiry and report by 4 March 2026.

1.2The first chapter of this report outlines the purpose and provisions of the bill. Chapter 2 of the report outlines views on the bill, as well as providing the committee view and recommendation.

Purpose of the bill

1.3According to the second reading speech of the bill, the bill ‘introduces a number of important reforms to the superannuation and tax law to implement…election commitments, streamline systems and processes and reduce compliance costs for taxpayers.’[1]

Provisions of the bill

1.4The bill contains six schedules which propose to amend various pieces of legislation. They are discussed in detail below.

Schedule 1

1.5Schedule 1 of the bill makes amendments to the Superannuation Guarantee (Administration) Act 1992 (SGA Act) to streamline the process for employers to request an employee’s stapled superannuation fund details from the Commissioner of Taxation during the employee onboarding process.[2]

1.6A stapled superannuation fund is an employee’s already existing superannuation fund (i.e. a fund ‘stapled’ to them). Stapling superannuation funds to an individual was introduced in 2021 as part of the Your Future, Your Super reforms. These reforms were introduced in order to reduce the practice of employees opening a new superannuation fund every time they started a new job.[3]

1.7Under current legislation, employers can request an employee’s stapled fund from the Commissioner of Taxation after the employee is given the standard superannuation choice form, if the employee has no chosen fund.[4]

1.8The bill amends the law to allow employers to be able to request an employee’s stapled fund details prior to, contemporaneously with or after the time an employee is given a standard superannuation choice form.[5]

1.9According to the Explanatory Memorandum (EM):

This will make it easier for employees to see, consider and select their existing fund when they start a new job, if they choose to do so, reducing unintended duplicate accounts. It will also give employers more timely and accurate [superannuation fund] details.[6]

1.10Schedule 1 also contains consequential amendments to clarify that, even if an employer has obtained an employee’s stapled fund details, they are still required to provide an employee with a superannuation standard choice form to comply with choice of fund requirements.[7]

1.11It also contains a minor amendment to the SGA Act to clarify certain matters around timing of providing a standard choice form to employees and ensure consistency with drafting of other parts of the Act. [8]

1.12As both Schedules 1 and 2 of the bill make amendments to superannuation related legislation, the EM contains a Statement of Compatibility with the Objective of Superannuation, which will be discussed below.

Schedule 2

1.13Schedule 2 of the bill amends the Corporations Act 2001 (the Corporations Act) to ban advertising of certain superannuation products to employees during the onboarding process.[9]

1.14In 2022 to 2023, a review of the Your Future, Your Super reforms found that some employee onboarding software platforms were being used to advertise superannuation products to employees. According to the EM of the bill ‘this behaviour risks undermining the policy objectives of the choice of fund and stapling provisions of the SGA Act.’[10]

1.15Broadly speaking, this schedule of the bill introduces a general prohibition on the advertising of superannuation products during employee onboarding, with some exceptions.[11]

1.16The exceptions to this prohibition established in the bill are: advertising of the employee’s stapled fund, the employer’s default fund, or the advertising of a ‘MySuper’ superannuation product[12] that meets certain criteria. These criteria are:

The advertisement only refers to a MySuper product; and

There is at least one published Australian Prudential Regulation Authority (APRA) determination for annual performance of the product and the product has met those requirements; and

The person or entity advertising the product is not a connected entity (as defined in section 10 of the Superannuation Industry (Supervision) Act 1993(SIS Act)[13]) of the superannuation entity that is offering the product; and

The advertisement or statement in question occurs after the employer or their agent has made a request to identify the employee’s stapled fund; and

If the employee has a stapled fund, the advertisement or statement occurs at the same time or after the employer/their agent notifies the employee of the existence of their stapled fund, including the details of said stapled fund; and

Any other criteria set out in relevant regulations; and

The statement or advertisement of the product is accompanied by ‘clear and unambiguous’ disclosures about the product as required by relevant regulations.[14]

1.17The EM is clear the above exception will only apply to MySuper products. If an advertised superannuation fund has both a MySuper product and other kinds of products, the employer or their agent must ensure that only the MySuper product is advertised to the employee, rather than the superannuation fund in general.[15]

1.18The EM goes on to say:

The exception for advertising of MySuper products that have passed the performance test balances consumer protections and choice by restricting advertising at the point of employee onboarding to superannuation products with strong consumer protections…which minimises the risk of the employee choosing a product that may be unsuitable for their needs.[16]

1.19There is also an exception to the prohibition where an advertisement or statement occurs during the ordinary course of business of the employer or their agent. This only applies where the employer, in their ordinary course of business, distributes content or advertising, or enables the distribution of that content. The employer can only rely on this prohibition if they did not know or suspect that the advertisement or statement would contravene the prohibition contained within this schedule of the bill.[17]

1.20A breach of this schedule may attract civil penalties. The Australian Securities and Investment Commission (ASIC) has discretion in how it approaches enforcement of breaches of this schedule, having regard to the nature of the breach.[18]

1.21As both Schedules 1 and 2 of the bill make amendments to superannuation related legislation, the EM contains a Statement of Compatibility with the Objective of Superannuation, which will be discussed later in this chapter.

Impact Analysis

1.22The Explanatory Memorandum includes an Impact Analysis relating to Schedule 2 of the bill. This document provides background information and information about options considered by Government when developing this Schedule of the bill.

1.23The Impact Analysis states, outside of maintaining the status quo and having no government intervention, two options were considered by Government:

A full ban on advertising of superannuation funds during onboarding; and

A partial ban on this advertising.[19]

1.24The Impact Analysis concluded that option two, a partial ban, was the preferred of the two options as ‘it will protect employees while also limiting the cost to industry.’[20]

1.25It set out that employees would benefit between $17 million to $117 million a year by avoiding underperforming products. While onboarding service providers are likely to collectively pay around $4.8 million more than maintaining the status quo, they will continue to be able to provide some superannuation advertising services. The estimated cost of a blanket ban on superannuation advertising during onboarding was estimated to cost employers up to $234 million through onboarding services recouping costs of lost advertising income through increased fees charged to employers.[21]

Schedule 3

1.26This schedule of the bill amends the Income Tax Assessment Act 1997 (ITAA 1997) and the Income Tax Assessment Act 1936 (ITAA 1936) to provide income tax and withholding tax exemptions for World Rugby and its wholly owned subsidiaries in order to support the delivery of the men’s and women’s Rugby World Cups.[22]

1.27In 2022, Australia was selected as the next host nation of the men’s Rugby World Cup in 2027 and the women’s Rugby World Cup in 2029.[23]

1.28The ITAA 1997 contains provisions which allow for tax exemptions for entities involved in sports, cultural and recreational fields. This is done to support the encouragement and development of these pastimes within Australia.[24]

1.29These tax exemptions will be in effect from 1 July 2023 to 30 June 2031 inclusive, as long as the income received by the entities listed below relates to the to either the men’s or women’s Ruby World Cups.[25]

1.30The entities which are responsible for hosting and delivering the Australian Rugby World Cups and will receive the income tax exemption are:

World Rugby;

Rugbypass Limited;

RCW2003 Limited;

World Rugby Events Designated Activity Company;

World Rugby Limited;

World Rugby Tournaments Limited;

Rugby Australia Limited; and

Rugby World Cup (Australia) Pty Ltd.[26]

1.31The following entities will receive a withholding tax exemption for dividend, interest and royalty payments made from Australia:

World Rugby;

Rugbypass Limited;

RWC2003 Limited;

World Rugby Events Designated Activity Company;

World Rugby Limited; and

World Rugby Tournaments Limited.[27]

Schedule 4

1.32Schedule 4 of the bill makes amendments to the International Tax Agreements Act 1953 (Agreements Act) to give effect to the Convention between Australia and the Portuguese Republic for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance and its Protocol (the Convention).

1.33The Convention was signed in Lisbon, Portugal in November 2023 to improve bilateral tax arrangements between Australia and the Portuguese Republic. It will remove double taxation of income as well as increasing administrative co-operation between the two countries to reduce tax evasion and avoidance.[28]

1.34The Convention broadly follows the Organisation for Economic Co-operation and Development (OECD) Model Tax Convention on Income and on Capital (the OECD Model), which is often used by OECD Member countries. This helps ensure a uniform approach to solving common issues arising out of international taxation.[29] Currently Australia has bilateral tax treaties with 46 jurisdictions.[30]

1.35One of the key objectives of the Convention is to remove double taxation that can occur due to the overlap of the Australian and Portuguese tax systems. Australia and Portugal both tax income on both a residence and a source basis. Double taxation can occur in situations where an individual is a resident of one country and has sources of income from another country.[31]

1.36The Convention alleviates this by having Australia and Portugal agree to restrict certain of their own tax rights to prevent double taxation. It also allows for resolution of disputes where both countries might attempt to tax the same income.[32]

1.37One of the other key objects of the Convention is the prevention of tax avoidance and evasion. Both Australia and Portugal are members of the OECD/G20’s[33] Inclusive Framework on Base Erosion and Profit Shifting (BEPS) and the Convention includes a range of tax certainty and integrity measures recommended by the BEPS project.[34]

Schedule 5

1.38Schedule 5 of the bill amends the ITAA 1997 to make changes to the deductible gift recipient (DGR)status of various organisations.

1.39Current income tax law allows for income tax deductions for donations of over $2 to organisations listed as DGRs. In order to be listed as a DGR, an organisation must fall within one of the general categories listed in Division 30 of the ITAA 1997 or be listed by name in the same Division.[35]

1.40The following organisations are granted DGR status by the bill:

Coaxial Foundation Ltd;

Community Foundations Australia Ltd;

Equality Australia Ltd;

Partnerships for Local Action and Community Empowerment Ltd;

Social Enterprise Ltd; and

The Parenthood Project.[36]

1.41The following organisations have the time period for their DGR status extended:

Foundation Broken Hill Limited;

Paul Ramsey Foundation Limited;

St Patrick’s Cathedral Melbourne Restoration Fund;

Sydney Chevra Kadisha; and

The Great Synagogue Foundation.[37]

1.42The bill amends the ITAA 1997 to remove the DGR status for the following organisations:

Clontarf Foundation;

Roberta Sykes Indigenous Education Foundation;

Sydney Talmudical College Association Refugees Overseas Aid Fund;

The Australian Future Leaders Foundation Limited;

The Bradman Memorial Fund;

The National Safety Council of Australia Limited;

The Ranfurley Library Service Limited; and

The Western Australian National Parks and Reserves Association Incorporated.[38]

1.43The bill also updates the name of the ‘the Life Education Centre’ to ‘Life Education Australia’.[39]

Schedule 6

1.44This schedule of the bill makes amendments to the A New Tax System (Wine Equalisation Tax) Act 1999 (the WET Act).

1.45The WET Act imposes liabilities on certain dealings in wine, such as the wholesale sale or importation of wine. These are usually payable by the seller through a business activity statement.[40]

1.46In 2004, the Tax Laws Amendment (Wine Producer Rebate and Other Measures) Act 2004 was passed, amending the WET Act to introduce a rebate for WET producers of up to $290 000 per financial year. This was increased to $500000 per financial year from 1 July 2006 and was then decreased to $350 000 from 1July 2018.[41]

1.47The bill amends the WET Act to increase the WET rebate from $350 000 to $400000, to take effect from 1 July 2026. This implements a commitment from the Government in the 2025-26 Budget to increase support for wine producers.[42]

Consultation

Schedule 2

1.48In October 2023, as part of a broader consultation into changes which had been introduced through the Your Future, Your Super reforms, the Department of the Treasury (Treasury) released a consultation paper called Securing Australian’s Superannuation. One of the proposed reforms within that paper was a ban on advertising superannuation products during onboarding.[43]

1.49This consultation ran from 9 October 2023 to 3 November 2023. It received 95 submissions, including nine confidential submissions.[44] According to the Impact Analysis contained in the EM, Treasury also held three roundtables and various other meetings with interested stakeholders.[45]

Schedule 4

1.50Treasury completed a consultation process for Schedule 4 of the bill between 2December 2024 and 22 December 2024. Explanatory materials and exposure drafts were made publicly available. At the time of writing, no submissions have been published from this consultation.[46]

Commencement

1.51The commencement dates of the amendments contained in the bill differs for each schedule. Please see Table 1.1 below:

Source: EM, pp. 1–6.

1.52Regarding Schedule 4, although it will commence the day after the bill receives Royal Assent, the Convention must first enter into force before the bill can take effect. The Convention enters into force through Australia and Portugal notifying each other in writing of the completion of domestic implementation requirements.[47]

Financial impact

1.53The financial impact of the bill differs for each schedule. As per Table 1.2 below, the schedules will have the following impact on receipts:

Source: EM, pp. 1–6.

1.54The EM provides more detail on the financial impact of Schedules 5 and 6, as shown in Table 1.3 below:

Source: EM, pp. 4–5. All figures in the above tables are amounts in $m.

Legislative Scrutiny

1.55As at the time of writing, the Senate Standing Committee for the Scrutiny of Bills has not commented on the bill.

Compatibility with the objective of superannuation

1.56The Superannuation (Objective) Act 2024 (SO Act) requires that bills relating to superannuation include a Statement of Compatibility with the Objective of Superannuation.[48] The objective of superannuation, as set out in the SO Act is ‘to preserve savings to deliver income for a dignified retirement, alongside government support, in an equitable and sustainable way.’[49]

1.57As Schedules 1 and 2 relate to superannuation, the EM of the bill includes a Statement of Compatibility with the Objective of Superannuation.[50]

1.58Schedule 1, which amends stapling provisions, is intended to allow for it to be easier for employees to choose their stapled fund when onboarding for a new job. This will reduce the likelihood of individuals opening a new superannuation account at every new job, thus reducing the chance of having to pay multiple sets of fees and insurance premiums and eroding superannuation balances.[51]

1.59Schedule 2 of the bill bans advertising of superannuation products (with some exceptions) during the employee onboarding process. According to the Explanatory Memorandum, this will ‘protect employees from being influenced to make uninformed decisions, open inappropriate products and unintentionally create duplicate accounts.’[52]

1.60The EM concludes that both schedules are compatible with the Objective of Superannuation.[53]

Human rights implications

1.61As at the time of writing, the Parliamentary Joint Committee on Human Rights has not commented on the bill.

1.62The EM includes a discussion of the human rights implications of the bill. It notes that Schedules 3 and 5 do not engage any applicable human rights or freedoms.[54]

Schedules 1 and 2

1.63Schedules 1 and 2 both engage with the following human rights:

The right to social security as contained in article 9 of the International Covenant on Economics, Social and Cultural Rights (ICESCR) and article 11(1)(e) of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW); and

The right to a standard of living and security contained in article 25 of the Universal Declaration of Human Rights (UDHR).[55]

1.64According to the EM, these schedules are both compatible with human rights as:

…the amendments promote employees’ right to social security at old age by supporting the timeliness of [superannuation guarantee] payments and ensuring employees make informed decisions about superannuation products, free from the influence of advertising.[56]

Schedule 4

1.65Schedule 4 of the bill interacts with the following human rights:

The right to protection from arbitrary and unlawful interference with privacy (article 17 of the International Covenant on Civil and Political Rights (ICCPR)); and

The right to protection from discrimination (article 2(1) and 26 of the ICCPR and article 2(1) of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)).[57]

1.66The EM states that this schedule of the bill is compatible with the right to protection from interference with privacy. Any exchange of an individual’s information between relevant authorities and the release of that information to an arbitration panel under the Convention is neither arbitrary nor unlawful due to strong safeguards being in place to protect that information.[58]

1.67The bill also protects the right to protection from discrimination. Any differential treatment that is permitted under the Convention based on residency is consistent with established international tax principles and is proportionate to the pursuit of the legitimate aim of the bill.[59]

Schedule 6

1.68This schedule of the bill may engage with the right to health contained in article12 of the ICESCR. Any step away from this right must be for a legitimate objective and must be proportionate. The EM concludes that, as the bill has a rational objective (to provide support for local businesses, employment and regional tourism) and is proportionate, it does not impact the right to health and is compatible with human rights.[60]

Conduct of the inquiry

1.69The committee advertised the inquiry on its website and wrote to relevant stakeholders and interested parties inviting written submissions by 19 February 2026.

1.70The committee received 15 submissions which are listed at Appendix 1.

Acknowledgments

1.71The committee thanks all individuals and organisations who assisted with the inquiry, especially those who appeared at the public hearing.

Footnotes

[1]The Hon. Dr Daniel Mulino MP, Assistant Treasurer and Minister for Financial Services, House of Representatives Hansard, 26 November 2025, p. 4070.

[2]Explanatory Memorandum (EM), p. 7.

[3]EM, p. 7.

[4]EM, p. 8.

[5]EM, p. 8.

[6]EM, p. 9.

[7]EM, p. 9.

[8]EM, p. 9.

[9]EM, p. 11.

[10]EM, p. 11.

[11]EM, p. 12.

[12]MySuper products are basic superannuation products with minimal features and fees and subject to strict rules and annual performance requirements (EM, p. 14). A superannuation provider must apply to APRA in order to be able to offer a MySuper product. For a list of all the characteristics of a MySuper products see Superannuation Industry (Supervision) Act 1993 (SIS Act), s. 29TC, and more generally: SIS Act, part 2C–MySuper.

[13]A connected entity is defined as: an entity that falls within the definition of an associated entity (as per the Corporations Act, s. 50AAA), an entity that, in the case where the superannuation licensee has a group of individual trustees, has the capacity to influence or make decisions of one or more of the individual trustees, or any other kind of entity prescribed by relevant regulations. See: SIS Act, s. 10.

[14]EM, p. 13.

[15]EM, p. 14.

[16]EM, p. 14.

[17]EM, p. 15.

[18]EM, p. 16.

[19]EM, pp. 137–138.

[20]EM, p. 140.

[21]EM, p. 140.

[22]EM, p. 18.

[23]EM, p. 17.

[24]EM, p. 17.

[25]EM, p. 19.

[26]EM, pp. 17–18.

[27]EM, p. 18.

[28]EM, p. 21.

[29]EM, p. 21.

[30]EM, p. 21.

[31]EM, p. 22.

[32]EM, p. 22.

[33]Group of 20, an intergovernmental forum comprising of 19 countries, the European Union and the African Union.

[34]EM, p. 22.

[35]EM, p. 86.

[36]EM, p. 85.

[37]EM, p. 85.

[38]EM, p. 86.

[39]EM, p. 86.

[40]EM, p. 93.

[41]EM, p. 93.

[42]EM, p. 94.

[43]Treasury, Securing Australians’ superannuation consultation, 3 November 2023, https://treasury.gov.au/consultation/c2023-436950 (accessed 20 February 2026).

[44]Treasury, Securing Australians’ superannuation consultation, 3 November 2023, https://treasury.gov.au/consultation/c2023-436950 (accessed 20 February 2026).

[45]EM, p. 138.

[46]Treasury, Tax treaty between Australia and Portugal, 22 December 2024, https://treasury.gov.au/consultation/c2024-606663 (accessed 20 February 2026).

[47]EM, p. 3.

[48]SO Act, s. 6.

[49]SO Act, s. 5(1).

[50]EM, p. 97.

[51]EM, p. 98.

[52]EM, p. 99.

[53]EM, p. 99.

[54]EM, p. 104, 111.

[55]EM, p. 102.

[56]EM, p. 103.

[57]EM, p. 105.

[58]EM, p. 110.

[59]EM, p. 110.

[60]EM, p. 112.