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Preliminary Pages

Chair’s foreword

The Tax and Superannuation Laws Amendment (2012 Measures No. 1) Bill 2012 (the Bill) continues the Government’s superannuation reforms and consolidates aspects of the tax system. The Bill will simplify superannuation consolidation, give individuals relief from the excess contributions tax, increase the information about superannuation contributions on payslips, pause the indexation of the superannuation concessional cap and provides the ATO with the discretion to withhold high risk tax refunds.

Schedule 1 ensures that a supply made by a health care provider to an insurer, government entity, compulsory third party scheme operator, or other certain bodies, is treated as a GST-free supply. Following a court case in 2009, Schedule 2 restores the policy intent that, when funded through appropriations, the non-commercial activities of government-related entities are not subject to GST.

Schedule 3 pauses indexation of the superannuation concessional cap in 2013-14, leading to fiscal savings of approximately half a billion dollars over the forward estimates. It is anticipated that the impact on the relatively small number of individuals that will be affected will be marginal but the cumulative impact will improve Australia’s fiscal position.

Schedule 4 implements a one-off refund for individuals who exceed the superannuation contribution cap by up to $10,000. This will protect individuals who inadvertently exceed the cap from being subject to the excess contributions tax. Although, the superannuation industry sought a review of the excess contributions tax, the committee supports Schedule 4 because it provides targeted relief to taxpayers.

Schedule 5 will allow the ATO to provide super funds with details of members’ accounts. Members will provide their consent to the ATO prior to the disclosure of account details. Currently, there are 5 million lost superannuation accounts worth $20 billion and 1.3 million new accounts created every year. This measure will help people find and consolidate their super accounts.

Schedule 6 allows the Government to make regulations to require employers to provide certain information about superannuation on payslips. The regulation initially requires employers to provide the amount and expected date of payment of the contribution, with the longer term aim of providing the actual date of payment. The committee suggests that it would be more efficient to have a single commencement date which would provide for the reporting of actual contributions. Therefore, the committee has concluded that if the industry could meet the 1 July 2013 deadline for introducing the reporting of actual contributions then the government should cease plans for interim reporting. However, if the industry cannot meet the proposed 1 July 2013 deadline for actual reporting then, in this case, interim measures should be considered.

The remainder of the Bill deals with other tax matters. The key provisions for this inquiry are in Schedule 7, which provides the ATO with the discretion to withhold and review tax refunds for as long as is reasonable. The committee believes allowing the ATO to withhold potentially high risk refunds provides the appropriate balance between taxpayers’ needs and revenue protection.

In summary, the Bill builds on the Government’s agenda of strengthening Australia’s superannuation system and consolidates aspects of the tax system. The committee concludes that the Bill should be passed.

On behalf of the committee I thank the organisations that assisted the committee during the inquiry through submissions or participating in the hearings in Canberra. I also thank my colleagues on the committee for their contribution to the report.







Julie Owens MP



Membership of the Committee


Ms Julie Owens MP


Deputy Chair

Mr Steven Ciobo MP




Mr Scott Buchholz MP

Mr Stephen Jones MP

Dr Andrew Leigh MP

Ms Kelly O’Dwyer MP

Mr Craig Thomson MP




Committee Secretariat




Mr Stephen Boyd

Inquiry Secretary

Mr David Monk

Research Officers

Ms Zoë Smith

Dr Phillip Hilton

Administrative Officers

Ms Natasha Petrović





Terms of reference


On 1 March 2012 the Selection Committee requested that the Economics Committee inquire into and report on the Tax and Superannuation Laws Amendment (2012 Measures No. 1) Bill 2012.

Under Standing Order 222(e), the House is taken to have adopted the Selection Committee’s report when they are presented.





List of abbreviations


Australian Institute of Superannuation Trustees


Australian National Audit Office


Association of Superannuation Funds of Australia


Australian Taxation Office


Business Activity Statement

CPA Australia

Certified Public Accountants Australia


Compulsory Third Party (schemes)


Federal Court of Australia Full Court


Goods and Services Tax


GST Ruling


Institute of Chartered Accountants in Australia


Institute of Certified Bookkeepers


Inspector-General of Taxation


Income Tax Assessment Act 1997


retirement savings account


superannuation guarantee charge


Superannuation Industry (Supervision) Act 1993


Self Managed Super Fund


Self Managed Super Fund Professionals’ Association of Australia


Tax file number

The Bill

Tax and Superannuation Laws Amendment (2012 Measures No. 1) Bill 2012

The Council

Law Council of Australia


2       Issues in the Bill

Recommendation 1

That the House of Representatives pass the Tax and Superannuation Laws Amendment (2012 Measures No. 1) Bill 2012 as proposed.



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