FOI 3289
Document 1
QB22-000236
CSLR
Compensation Scheme of Last Resort
KEY MESSAGE
•
The Albanese Government has re-introduced legislation to establish
a financial services compensation scheme of last resort (CSLR) –
the legislation is in substantially the same form as was introduced by
the previous government.
•
The Government is committed to the scheme’s timely establishment
so that the scheme can start supporting hundreds of consumers who
have been waiting to be compensated for years.
•
The Albanese Government has committed to establishing a CSLR
and will get the job done.
KEY FACTS AND FIGURES
•
On 8 September 2022, the Government introduced legislation to establish the
CSLR.
–
The Government is prioritising the CSLR legislation because consumers
have been waiting for 5 years for such a scheme - the Ramsay Review
recommended the establishment of such a scheme to the previous
government in 2017.
•
On 28 September 2022, the legislation passed the House of Representatives,
and the Senate referred the provisions of the legislation to the Economics
Legislation Committee for inquiry and report by 24 October 2022.
–
The Committee received 41 submissions and held a public hearing on
14 October 2022.
•
Alongside the introduction of CSLR legislation, the Government has also
released for public consultation exposure draft CSLR Regulations. The draft
Regulations prescribe reporting requirements, identify persons upon whom a
levy will be imposed, and outline the methods that underpin the calculation for
the amount of levy payable by leviable persons.
Page 1 of 9
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Financial System Division
Date of Update
24 October 2022
QB22-000236
CSLR
Compensation Scheme of Last Resort
–
Consultation on the exposure draft Regulations closed on
7 October 2022.
•
The CSLR will facilitate the payment of compensation of up to $150,000 to
eligible consumers who have received a relevant determination for
compensation from the Australian Financial Complaints Authority (AFCA)
which remains unpaid.
•
Consumers who have an unpaid determination from AFCA relating to one or
more of the following financial products and/or services would be eligible for
compensation under the CSLR:
–
Personal financial advice;
–
Credit provision;
–
Credit intermediation; and
–
Securities dealing.
•
The CSLR is expected to commence from 1 July 2023.
•
The CSLR is one of the key outstanding legislative measures from the Banking
Royal Commission that remains to be implemented.
Page 2 of 9
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Financial System Division
Date of Update
24 October 2022
QB22-000236
CSLR
Compensation Scheme of Last Resort
BACKGROUND
•
Key Design Specifications
–
The CSLR is designed to provide compensation to consumers who have
received a relevant determination in their favour by the Australian
Financial Complaints Authority (AFCA), where that determination remains
unpaid.
–
Claimants may receive compensation where they have an unpaid AFCA
determination in their favour for the following financial services or
products:
:
personal advice on relevant financial products to retail clients
:
credit provision
:
credit intermediation
:
securities dealing to retail clients
–
The Scheme has a compensation cap of $150,000 per AFCA
determination. This is broadly equivalent to the £85,000 cap that applies to
the UK Financial Services Compensation Scheme.
–
The CSLR is designed to be forward-looking. Eligibility under the scheme
has been designed to align with the commencement of AFCA, which
commenced operations on 1 November 2018. This is to ensure that
consumers who have progressed a complaint with AFCA and received a
relevant determination which remains unpaid have access to
compensation under the CSLR.
–
Claimants have 12 months to notify AFCA that a determination remains
unpaid. The CSLR is a last resort mechanism, and as such the liable entity
must be assessed as being unlikely to pay and no other statutory
compensation scheme must be available.
–
The Government will contribute towards the costs of the CSLR in its first
year of operation, which will ensure the Scheme can commence as soon
as possible.
Page 3 of 9
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Financial System Division
Date of Update
24 October 2022
QB22-000236
CSLR
Compensation Scheme of Last Resort
–
Eligible complaints provided to AFCA before the re-introduction of the
CSLR Bills on 8 September 2022 will form part of the backlog of
complaints that have accumulated with AFCA since its establishment. The
costs associated with addressing the backlog will be funded by a one-off
levy imposed onto the ten largest financial institutions (excluding health
insurers and trustees of supernnuation entities).
:
Financial institutions whose total income for the 2019-20 income year
exceeds $6 billion as reported in the Report of Tax Entity Information
published by the Australian Taxation Office will have the one-off levy
imposed onto them.
–
The Scheme will be fully industry funded moving forward through a levy on
relevant financial service and credit licensees in subsequent years of the
scheme’s operation. Relevant entities include those that provide the
financial products and/or services prescribed as within scope of the
Scheme.
–
The levy mechanism includes a $20 million subsector levy cap per levy
period, as well as an overall scheme levy cap of $250 million per levy
period. This balances the interests of consumers and industry, and
provides greater certainy to entities of the maximum amount leviable
against them.
–
AFCA determinations relating to managed investment schemes (MISs)
that remain unpaid will not be eligible for compensation under the CSLR.
–
The CSLR will be subject to periodic reviews, which may consider the
ongoing appropriateness of its design, including scope.
•
Backlog of accumulated complaints
–
Accumulated complaints provided to AFCA prior to the date of introduction
of the CSLR legislation, being up to 7 September 2022 inclusive, will be
funded by Australia’s ten-largest financial institutions (excluding health
insurers and trustees of supernnuation entities) as measured by total
income reported in the 2019-20 Australian Taxation Office (ATO) Report of
Tax Entity Information.
–
The backlog of accumulated complaints on pause with AFCA has grown
significantly since the initial introduction of the CSLR legislation in
Page 4 of 9
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Financial System Division
Date of Update
24 October 2022
QB22-000236
CSLR
Compensation Scheme of Last Resort
Parliament in October 2021. The collapse of Dixon Advisory in
January 2022 has resulted in a significant increase in the number of
complaints against Dixon received by AFCA, which forms part of the
backlog of accumulated complaints.
–
On 19 September 2022, the Federal Court imposed a $7.2 million penalty
on Dixon Advisory after it found that six Dixon Advisory representatives
failed to act in their clients’ best interests and failed to provide advice
appropriate to their clients’ circumstances before providing the advice.
–
As of 7 September 2022, the backlog of accumulated complaints is
comprised of a total of 1,836 complaints, of which 1,638 are against Dixon
Advisory.
–
It is not possible at this time to estimate the value of funding required to
address the costs associated with the backlog of accumulated complaints.
The vast majority of the complaints have not yet been assessed by AFCA,
including their validity or likely value of compensation.
–
The cost of the backlog of accumulated complaints will be estimated by
the CSLR operator, having regard to actuarial principles, as the amount it
reasonably believes is required to fund the payment of compensation and
AFCA’s costs. Each of the ten largest financial institutions will contribute a
proportionate amount as measured by their revenue reported for the
2019-20 financial year.
–
The cap of $250 million applies to the levy imposed for the backlog of
accumulated complaints.
•
Ongoing Costs (Annual Levy)
–
An ongoing industry levy will be established to fund the CSLR in a
sustainable manner going forward. The ongoing levy will be imposed onto
those licensees that are authorised to provide the products and/or services
that are in scope for the CSLR. The amount of levy payable by each
licensee would be proportionate to its size, with a minimum levy of $100
for all relevant licensees.
–
The annual levy is estimated by the CSLR operator as what it reasonably
believes, having regard to actuarial principles, will be the total amount of
Page 5 of 9
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Financial System Division
Date of Update
24 October 2022
QB22-000236
CSLR
Compensation Scheme of Last Resort
funding required to make compensation payments and cover scheme
costs for the upcoming levy period.
–
The levy framework provides mechanisms to address circumstances
where the initial estimated levy is expected to be exceeded.
•
Senate Committee Consideration of Bills introduced by the Albanese
Government
–
On 28 September 2022, the Senate referred the provisions of a package
of Bills, including those that would establish the CSLR, to the Senate
Economics Legislation Committee for inquiry and report by
24 October 2022.
–
A total of 42 submissions were received by the Committee.
:
Stalkeholders are broadly supportive of the CSLR as proposed by the
Bills, however:
(i) Industry representatives have proposed that the Bills be amended
to reduce their financial exposure under the scheme;
(ii) Consumer representatives have proposed that the Bills be
amended to raise the level of compensation available under the
scheme to align with compensation available under the AFCA
scheme, and to expand the scope of eligible products and/or
services to align with the scope of the AFCA scheme.
–
On 14 October 2022, the Committee held a public hearing into the Bills.
Representatives from the following organisations appeared and provided
evidence in relation to the CSLR provisions:
:
Financial Services Council (FSC); Australian Banking Association
(ABA); Australian Securities and Investments Commission (ASIC);
CHOICE; Consumer Action Law Centre (CALC); Australian Financial
Complaints Authority (AFCA); and The Treasury.
•
Former Government Proposal to Establish a CSLR
Page 6 of 9
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Financial System Division
Date of Update
24 October 2022
QB22-000236
CSLR
Compensation Scheme of Last Resort
–
On 28 October 2021, the former Government introduced into the House of
Representatives the Hayne Royal Commission Response No. 3 (2021)
package of Bills to establish the CSLR.
:
Under the Bills, consumers who had an unpaid AFCA determination
relating to personal advice, credit intermediation, securities dealing, or
credit provision will be eligible to receive up to $150,000 in
compensation under the CSLR.
–
On 11 April 2022, the CSLR bills lapsed at the prorogation of the previous
Parliament.
•
Senate Committee Consideration of Bills Introduced by Former Government
–
On 25 November 2021, the Senate referred the provisions of these bills to
the Senate Economics Legislation Committee for inquiry and report by
15 February 2022. A public hearing was held on 27 January 2022.
:
A key matter considered during the hearing on 27 January 2022 was
the exclusion of managed investment schemes (MISs) from the scope
of the CSLR. In their submissions to the committee, consumer groups
(led by CHOICE), advisers (FPAA, AFA), finance brokers (MFAA) and
other associations (CPA, Maurice Blackburn, Law Council of Australia)
argued for the inclusion of MISs. Product issuers (ABA, COBA, FSC)
and dealers (AFMA) argued for the scope to be maintained as
proposed or narrowed to be initially limited to personal advice.
–
On 15 February 2022, the Committee handed down its report regarding its
inquiry into the provisions of the CSLR bills. The report contained two
recommendations:
:
Committee recommendation (Recommendation 1): The committee
recommends the bills be passed.
:
Additional comment from Labor Senators: Labor Senators supported
the bills, but recommended that the scope of the CSLR could be
expanded to include managed investment schemes.
•
Royal Commission into Misconduct in the Banking, Superannuation and
Financial Services Industry
Page 7 of 9
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Financial System Division
Date of Update
24 October 2022
QB22-000236
CSLR
Compensation Scheme of Last Resort
–
In February 2019, the former Government released its response to the
Royal Commission, committing to take action on all 76 recommendations
contained within the Royal Commission Final Report.
–
The Royal Commission recommended that the three principal
recommendations to establish a CSLR made in the Supplementary Report
of the Ramsay Review should be carried into effect (Recommendation 7.1
— Compensation scheme of last resort). As part of its response to
recommendation 7.1 of the Royal Commission, the former Government
agreed to establish an industry-funded, forward looking CSLR.
•
Ramsay Review – Compensation Scheme of Last Resort
–
A CSLR was originally recommended by the Ramsay Review
Supplementary Final Report, which the Government released in
December 2017.
:
On 20 April 2016, the former Government commissioned the Ramsay
Review to make recommendations to improve the existing external
dispute resolution framework. The Review Panel comprised of
Professor Ian Ramsay (Chair), Julie Abramson and Alan Kirkland.
Terms of Reference were released on 8 August 2016.
:
On 3 February 2017, the Government amended the Terms of
Reference to require the Panel to provide a separate report on the
establishment, merits and design of a last resort compensation
scheme and on the merits and issues involved in providing access to
redress for past disputes.
–
The Supplementary Final Report recommended that an industry-funded,
limited and carefully targeted forward-looking CSLR be established.
:
In particular, the Report recommended that a CSLR should be initially
restricted to financial advice failures but be scalable if in the future
other significant problems emerge.
•
Past proposals for a last resort compensation scheme
–
The Parliamentary Joint Committee on Corporations and Financial
Services’ 2009 Inquiry into financial products and services in Australia
recommended that the government investigate the costs and benefits of
Page 8 of 9
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Financial System Division
Date of Update
24 October 2022
QB22-000236
CSLR
Compensation Scheme of Last Resort
differing models of a statutory last resort compensation fund for investors
(recommendation 10).
–
The 2012 Richard St John report
Compensation arrangements for
consumers of financial services recommended against implementing a
compensation scheme of last resort and concluded it would be
inappropriate and possibly counterproductive to introduce one (rec. 1).
:
The then Minister for Financial Services and Superannuation,
the Hon Bill Shorten MP, commissioned that inquiry and accepted that
particular recommendation.
–
The Parliamentary Joint Committee on Corporations and Financial
Services’ 2012 Inquiry into the collapse of Trio Capital did not support a
general compensation scheme for self-managed super funds (rec. 1).
–
On 21 April 2016, the Australian Bankers’ Association announced it would
consider setting up a last resort compensation scheme for financial
advisers, as part of a Strengthening Community Trust plan.
Page 9 of 9
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Financial System Division
Date of Update
24 October 2022
FOI 3289
Document 2
OFFICIAL
KEY FACTS AND FORECASTS
FISCAL & BUDGET
2022-23 October Budget ($b)
2021-22
2022-23 (f)
2023-24 (f)
2024-25 (f)
2025-26 (f)
UCB (% of GDP)
-32.0 (-1.4%)
-36.9 (-1.5%)
-44.0 (-1.8%)
-51.3 (-2.0%)
-49.6 (-1.8%)
Payments (% of GDP)
616.3 (26.8%)
644.1 (25.9%)
665.5 (27.0%)
694.2 (27.1%)
728.6 (27.1%)
Tax Receipts (% of GDP)
536.6 (23.4%)
562.9 (22.7%)
574.3 (23.3%)
590.5 (23.0%)
629.3 (23.4%)
(f) estimates as published in the 2022-23 October Budget.
Debt ($b)
At 30 Sep At 31 Jan Most recent
as at
2022-23 (f)
2025-26 (f)
Peak reported*
2013
2020
Net debt
174.6
430.2
533.5^
31/10/22
572.2
766.8
NA
Gross debt
280.3**
568.1**
886.7^^
25/11/22
927.0
1,159.0
43.1% at 30 June
2026
Government Bond Interest Rate (as at 2022-23 October Budget)
3.8%
(weighted average borrowing cost for future issuances)
^Reported monthly from the Australian Government General Government Sector Monthly Financial Statements
^^Face value of Total Australian Govt Securities on Issue (updated weekly)
* The peaks cited here are the end-of-year peaks as at 30 June
** Reported on a dealt basis to include transactions (issuance and buybacks) according to the date the transaction occurred
Expenses (2022-23 October Budget)
2022-23 ($b)
2025-26 ($b)
Social security and welfare
228.8
271.1
Education
46.3
52.0
Health
109.7
111.6
Child Care Subsidy
10.6
14.1
Total Expenses
650.9
731.0
Defence + ASD funding
49.1 (2.0% GDP)
56.6
Note: expenses (Fiscal balance) rather than payments (UCB) - % about the same. Defence is appropriations
Receipts (2022-23 October Budget)
2022-23 ($b)
2025-26 ($b)
Individual and other withholding tax
280.1
319.9
Company tax
127.3
125.7
GST
82.5
92.4
Super fund taxes
12.6
22.4
Non-tax receipts
44.4
49.7
Total receipts
607.2
679.0
ECONOMY
Total size of economy (Nominal GDP) (2021-22): $2.3 tril ion
Annualised
(f) 2022-23 October
Qtr
Yr
(to Jun 22)
2021-22
2022-23
2023-24
2024-25
2025-26
Budget
(Jun 22) (Jun 22)
(%)
(%)
(f)
(f)
(f)
(f)
(%)
Annual Real GDP
0.9
3.6
3.6
3.6
3 ¼
1 ½
2 ¼
2 ½
Consumption
2.2
6.0
3.8
6 ½
1 ¼
Business investment
0.6
1.4
5.2
6
3 ½
Terms of trade
4.6
7.5
11.8
-2 ½
-20
Note: Forecasts (f) are from the 2022-23 October Budget.
Population
Mar-22 (Q)
2021-22 (f)
2022-23 (f)
2023-24 (f)
Population
25.9 mil ion
26.0 million
26.3 million
26.7 million
Population growth (annual) (%)
0.9
1.1
1.4
1.4
Last Updated: 11:44 AM, 1 December 2022
OFFICIAL
OFFICIAL
Productivity
Jun-22*
2019-20 2020-21 2021-22
Productivity
assumption **
QoQ
YoY
Labour productivity (whole of economy) (%)
-1.9
1.1
1.5
1.9
1.1
1.2
Multifactor Productivity (market sector) (%)
0.1
0.2
Note: Treasury reports productivity metrics on a financial year basis rather than a calendar year basis. *Labour productivity on a quarterly basis is
calculated as GDP per hour. This measure often experiences significant fluctuations and does not contain important information on multifactor
productivity and contributions to economic growth of key factors. **Average growth rate in labour productivity over the 20 years to 2018-19.
Labour Force
Oct-22
2021-22
2022-23(f)
2023-24(f)
2024-25(f)
2025-26(f)
Number employed
13.6m
Employment growth (tty, %)
5.9
3.3
1 ¾
¾
1
1 ¼
Unemployment rate (%)
3.4
3.8
3 ¾
4 ½
4 ½
4 ¼
Unemployed
477,600
Underemployed
836,200
Underemployment rate (%)
5.9
Underutilised
1.31m
(No. unemployed or
underemployed)
Youth unemployment (%)
7.3
Participation Rate (%)
66.5
66.6
66 ¾
66 ½
Employment to population ratio (%)
64.3
Note: Forecasts (f) are from the 2022-23 October Budget.
Other Indicators
Qtr
Yr
2021-22 2022-23 (f) 2023-24 (f) 2024-25 (f) 2025-26
(f)
WPI (%) (Sep-22)
1.0
3.1
2.6
3 ¾
3 ¾
3 ¼
3 ½
CPI (headline) (%) (Sep-22)
1.8
7.3
6.1
5 ¾
3 ½
2 ½
2 ½
Real wages (%) (Sep-22)*
-0.8
-4.2
-3.5
-2
¼
¾
1
CPI (trimmed mean) (%)
1.8
6.1
(Sep-22)
Monthly CPI indicator (%)
-
6.9
(Oct-22)
Note: Forecasts (f) are from the 2022-23 October Budget.
*Real wages calculated as change in CPI (%)
– change in WPI (%).
Value
Change through
the year
RBA Cash Rate Target
2.85%
(November-22)
Household debt
(% disposable income)
187.5%
(June-22)
ABS Job Vacancies
470,900
(August-22)
(-2.1%)
40.8%
COSTS OF LIVING
Cost of Living
1 December 2022
Wonder White Bread (700g) - Woolworths
$3.90
Ful Cream Milk 2L - Woolworths
$3.10
Petrol (Unleaded, Average, Brisbane)*
$1.77/L
*Based on Fuelprice.io prices
Value as of 29
% Change Q3 2022 % Change Q3 2022 to
% Change (YTD
November 2022
to Q2 2022
Q3 2021
2022/2021 CY average)
Last Updated: 11:44 AM, 1 December 2022
OFFICIAL
OFFICIAL
Wholesale spot electricity
(NEM) ($/MWh)
$129.24/MWh
-21%
202%
167%
Wholesale spot gas prices
($/GJ)
$22.52/GJ
-10%
147%
140%
Gas prices – AEMO. Wholesale spot gas prices comprise of the simple average daily ex-ante Short Term Trading Market prices in Sydney, Adelaide and
Brisbane; 6 AM ex-ante price at the Victorian Declared Wholesale Gas Market; and volume weighted average price at the Wal umbil a Gas Supply Hub.
YTD prices are updated as of 29 November 2022 and are the average price between 1 Jan to 29 November of each respective calendar year.
Electricity prices – AEMO. Wholesale spot prices are volume-weighted based on region 5-minute spot price and region 5-minute total dispatch demand
over the relevant time period. YTD prices are updated as end 29 November 2022, and are the average price between 1 Jan to 29 November of each
respective calendar year.
Expenditure class (CPI)
Over Last Year to Sep-22 (%)
Electricity
3.2
Child care
-5.4
Medical and hospital services
2.9
Automotive fuel
18
International holiday travel and accommodation
25.3
New dwel ing purchase by owner-occupiers
20.7
Oils and fats
19.3
ESTIMATED MEDIAN HOUSEHOLDS ELECTRICITY BILLS IN THE NATIONAL ELECTRICITY MARKET (NEM)
Region
Estimated median annual bill
Change from April to October
April 2022
October 2022
$
%
NEM
$1,295
$1,589
$294
23%
NSW
$1,460
$1,848
$388
27%
SA
$1,520
$1,830
$310
20%
SEQ
$1,290
$1,620
$330
26%
Vic
$1,187
$1,390
$204
17%
Tas
$2,125
$2,500
$375
18%
Note: Estimates are based on preliminary data to 10 October 2022 covering new market offers published on government-run comparator websites
(Energy Made Easy and Victoria Energy Compare).
Source: ACCC estimates.
HOUSING & INTEREST RATES
Interest Rates
Current Value
Change from
Change from previous
(%)
previous month^
year^
Weighted average new variable interest rate
mortgage – owner occupier (September-22)
4.38
0.42
1.70
Weighted average outstanding variable interest
rate, mortgage – owner occupied (September-22)
4.88
0.44
1.87
Weighted average new variable rate smal business
loan – term (September-22)
5.33
0.37
2.09
Average Credit Card Rate (Standard) (October-22)
19.94
0.00
0.00
Average Credit Card Rate (low) (October-22)
12.62
0.00
0.00
^Percentage point difference
Mortgages
Current Value
Per cent of households owing owner occupied housing debt (2019-20)
36.8%
Number of households in Australia (2019-20)
9.7 mil ion
Estimate households with owner-occupier mortgages (Apr-22)
3.9 mil ion
Average owner-occupier mortgage debt outstanding
(Treasury estimate from ABS and APRA data, Apr-22)
$330,000
Last Updated: 11:44 AM, 1 December 2022
OFFICIAL
OFFICIAL
Monthly
Cumulative
Increase in monthly repayment, if rates increase by a
Outstanding
Repayment at
Increase in
further:
Loan
Balance
2 Nov 2022
Monthly
15
25
40
50
65
75
(Existing
(with 25 years
Repayment
basis
basis
basis
basis
basis
basis
borrowers)
remaining @ retail
since 1 May
rate of 5.61%)
2022
points
points
points
points
points
points
$200,000
$1,241
$307
$18
$30
$48
$61
$79
$92
$300,000
$1,862
$461
$27
$45
$73
$91
$119
$137
$330,000
$2,048
$507
$30
$50
$80
$100
$131
$151
$400,000
$2,483
$615
$36
$60
$97
$121
$158
$183
$500,000
$3,103
$769
$45
$75
$121
$152
$198
$229
$600,000
$3,724
$922
$54
$91
$145
$182
$238
$275
$700,000
$4,345
$1,076
$63
$106
$170
$213
$277
$321
$800,000
$4,965
$1,230
$72
$121
$194
$243
$317
$366
$900,000
$5,586
$1,383
$81
$136
$218
$273
$357
$412
Note: Assumes 25 years left on mortgage, 100% of loan is on variable rates, retail banks pass-through 100% of the cash rate change, and current
mortgage rate as at 2 November 2022 is 5.61% (mean April retail variable rate of 2.86%, plus a 275 basis point increase in the cash rate). We
estimate that the average existing owner occupier loan is approximately $330,000 (Treasury estimate from ABS and APRA data). The average new
owner-occupier loan in August 2022 was $589,000 (ABS).
Impact on savers per year
$20,000
$50,000
$100,000
$250,000
(0.25 basis points)
0.25%
$50
$125
$250
$625
Median House Price (CoreLogic) – Detached – November 2022
Australia
Sydney
Melbourne
Brisbane
Adelaide
Perth
Hobart
Darwin
Canberra
$769,220 $1,243,126 $915,005
$798,552
$702,392
$585,989
$740,100
$588,972
$987,450
WAGES
Wages
Annual
Weekly
Hourly
Through the year
growth (%)
National Minimum Wage (Jul-22)
$42,255
$812.60
$21.38
5.2
Average weekly total earnings (May-22)
$69,924
$1,344.70
-
3.0
Average weekly Ordinary Time Earnings
$92,030
$1,769.80
-
1.9
(May-22)
Median Weekly Earnings (Aug-21)
$62,400
$1,200.00
-
4.3
GOVERNMENT PAYMENTS
Australian Government Payments
Per Fortnight
Annual
Age Pension (
Single – incl. supplements)
$1,026.50
$26,689.00
Age Pension (
Couple – incl. supplements)
$773.80 each
$20,118.80 each
$1,547.60 combined
$40,237.60 combined
Disability Support Pension (
Single – incl. supplements)
$1,026.50
$26,689.00
Youth Allowance – Other (under 21, living away from home)
$530.40
$13,790.40
JobSeeker Payment (
Single – no children – over 22)
$668.40
$17,378.40
JobSeeker Payment (
Partnered – over 22) (each)
$608.70
$15,826.20
Rent Assistance – Single, no children
$151.60
$3,941.60
Rent Assistance – Couple, no children (combined)
$142.80
$3,712.80
Amounts payable depend on assessable income, number of dependents and whether single or in a couple.
Note: Pension figures include both the Energy Supplement and maximum Pension Supplement.
Last Updated: 11:44 AM, 1 December 2022
OFFICIAL
OFFICIAL
COMMODITIES AND EXCHANGE RATE
Exchange rates and Commodity Updated on 1 December
Assumption Start*
Assumption End*
spot prices
2022
Exchange Rate (AUD / USD)
0.68
0.65
0.65
Trade Weighted Index
62.1
61
61
Iron Ore (US$/tonne)^
91.8^
91
55
Metallurgical coal (US$/tonne)^
247.5^
271
130
Thermal coal (US$/tonne)^
353.9^
438
60
Tapis (US$/barrel)**
91.5
108
100
North Asia LNG (US$/MMBtu)^
27.0
-
-
Wheat (US$/tonne)**
405.0
-
-
Sugar (US$/LB)**
19.6
-
-
Note: Assumptions are from the 2022-23 October Budget.
*Iron ore and coal prices are assumed to decline from current elevated levels by the end of the December quarter 2022. The Tapis oil price is
assumed to decline from recent levels but remain elevated.
^provided by Argus Media (https://www.argusmedia.com/en). The price is for information purposes only (i.e. it is "read only")
**provided by Bloomberg
Note: Iron ore is 62% Fe, FOB; Metallurgical coal is premium hard low-vol, FOB; Thermal coal is 6000k Cal, FOB; Oil is Malaysian Tapis; LNG is
Northeast Asia (ANEA); LME is the London Metal Exchange Index; Wheat is US HRW Gulf; and Sugar is raw sugar traded (ICE futures).
TAX
Taxable Income ($)
Current Marginal tax rate (%)
Marginal tax rate from 1 July 2024 (%)
0-18,200
0
0
18,201-45,000
19
19
45,001-120,000
32.5
30
120,001-180,000
37
30
180,001-200,000
45
30
>200,000
45
45
Distribution of Personal
% of Personal Income
# of Personal Income
% of Personal Income
Income Tax (2019-20)
Taxpayers
Taxpayers
Tax Paid
Below $18,201
0.7%
85,000
0.1%
$18,201-37,000
18.4%
2.1 million
1.7%
$37,001-$90,000
54.5%
6.2 million
29.8%
$90,001-$180,000
21.6%
2.5 million
36.8%
Over $180,000
4.8%
544,000
31.6%
Company tax thresholds
Rate (%)
Base rate entities (turnover below $50 mil ion)
25
Entities with turnover above $50 million
30
STATE ECONOMIC SUMMARY
Economic Activity
NSW
VIC
QLD
SA
WA
TAS
NT
ACT
AUS
Real GSP growth
(2021-22) (%)
1.8
5.6
4.4
5.1
3.1
4.3
4.7
1.9
3.6
GSP (2021-22) ($bil ion)
697
515
447
129
404
38
31
46
2,309
GSP % of GDP
30
22
19
6
18
2
1
2
Population (mil ions) (Mar qtr
2022)
8.1
6.6
5.3
1.8
2.8
0.57
0.25
0.46
25.9
Last Updated: 11:44 AM, 1 December 2022
OFFICIAL
OFFICIAL
% of Aus population (Mar qtr
2022)
31
25
20
7
11
2
1
2
Real SFD Growth (Jun qtr
1.9
2022) (%)
1.0
1.0
1.5
0.1
0.6
-0.5
0.6
2.0
Labour Force (October 2022)
NSW
VIC
QLD
SA
WA
TAS
NT
ACT
AUS
Unemployment (%)
3.0
3.6
3.3
4.1
3.6
4.0
3.8
3.2
3.4
Employed people (Million)
4.3
3.5
2.8
0.9
1.5
0.3
0.1
0.2
13.6
Underemployment (%)
5.6
5.7
6.7
6.5
5.6
6.7
5.1
4.4
5.9
Participation (%)
66.3
66.8
66.2
63.4
68.7
61.6
73.6
72.0
66.5
Prices & Wages*
SYD
MEL
BNE
ADL
PER
HOB
DAR
CBR
AUS
CPI (%) (Sep 22)
7.0
7.4
7.9
8.4
6.0
8.6
7.0
6.9
7.3
WPI (%) (Sep 22)
3.1
3.1
3.4
3.3
3.3
3.6
2.5
2.7
3.2
Real Wages (%) (Sep 22)
-3.9
-4.3
-4.5
-5.1
-2.7
-5
-4.5
-4.2
-4.1
*Figures in this table are original
SUPPLEMENTARY INDICATORS
Household consumption
Change from previous Change through the year
period (%)
(%)
Nominal retail sales (Oct-22) (m)
-0.2
12.5
Motor vehicle sales (VFACTS, original) (Oct-22) (m)
-6.7
16.9
ANZ-Roy Morgan Weekly Consumer Confidence (w/e 27 Nov) (w)
1.5^^
-22.9^^
Westpac-MI Consumer Sentiment (index) (Nov-22) (m)
-5.7^^
-27.3^^
Household saving ratio (per cent) (Jun-22) (q)
-2.4^
-3.0^
Dwelling investment
Real dwelling investment (Jun-22) (q)
-2.9
-4.6
Dwelling finance (owner occupier ex. refinancing) (Sep-22) (m)
-8.2
-18.5
Building approvals (number) (Oct-22) (m)
-6.0
-6.4
CoreLogic Hedonic Home Value Index* (Nov-22) (m)
-1.0
-3.2
Business investment
Capital expenditure survey (Jun-22) (q)
-0.3
2.0
Nominal corporate GOS** (profits) (Jun-22) (q)
10.0
24.9
Construction work done (Sep-22) (q)
2.2
1.1
NAB business survey – Conditions (net balance) (Oct-22) (m)
-1^^
12^^
NAB business survey – Confidence (net balance) (Oct-22) (m)
-4^^
-23^^
Balance of payments and external sector
Exports volumes (Jun-22) (q)
5.5
4.9
Import volumes (Jun-22) (q)
0.7
10.0
Trade balance (Sept-22) (m)
-3,780^^
2,393^^
Current account balance (% of GDP) (Jun-22) (q)
2.5^
-0.7^
^ Percentage point difference; ^^ Level difference; *Includes detached houses and other dwelling units.
** This includes both public and private companies.
Last Updated: 11:44 AM, 1 December 2022
OFFICIAL
FOI 3289
Document 3
QB22-000196
CONSUMER AFFAIRS
CONSUMER AFFAIRS
KEY MESSAGE
• The Government is committed to ensuring strong protections for
Australian consumers.
KEY FACTS AND FIGURES
•
Strong consumer laws don’t just protect consumers – they promote
competition, increased productivity and innovation.
•
The Government is working collaboratively with the states and territories in this
important area and demonstrating the national leadership that is required.
•
Legislation to strengthen unfair contract terms (UCT) protections passed the
Parliament on 27 October 2022, as Schedule 2 to the Treasury Laws
Amendment (More Competition, Better Prices) Bill 2022.
–
The amendments introduce a civil penalty regime prohibiting the use of
and reliance on UCTs in standard form contracts. The amendments also
expand the class of contracts that are covered by the UCT provisions.
•
The Government is also increasing penalties for breaches of competition and
consumer law to deter conduct that stifles competition and increases costs to
consumers. This also forms part of the More Competition, Better Prices Bill.
–
Maximum penalties for corporations will increase from $10 million to
$50 million per breach and from 10 per cent of annual turnover to
30 per cent of turnover for the period the breach took place.
•
At the meeting of Consumer Ministers in September 2022, Commonwealth,
State and Territory Ministers discussed and agreed on priorities, which include:
–
improved capability and collaboration to combat scams
–
considering reforms to consumer guarantees and supplier indemnification
provisions
–
consulting on proposed reforms to address unfair trading practices
–
releasing a discussion paper on travel services to inform ACL learnings
across all service sectors following COVID-19.
Page 1 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Market Conduct Division
Date of Update
08 November 2022
QB22-000196
CONSUMER AFFAIRS
CONSUMER AFFAIRS
•
The Government is also progressing reforms to the ACL to better recognise
overseas product safety standards.
•
The Government has appointed an experienced consumer advocate,
Ms Catriona Lowe, to be a Deputy Chairperson of the Australian Competition
and Consumer Commission for a five-year period starting on 27 January 2023.
Page 2 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Market Conduct Division
Date of Update
08 November 2022
QB22-000196
CONSUMER AFFAIRS
CONSUMER AFFAIRS
BACKGROUND
•
The Australian Consumer Law (ACL) commenced in 2011. It provides a single
consumer protection law operating as a law of the Commonwealth and of each
state and territory. It includes:
–
general protections that create and promote standards of conduct in trade
or commerce across the economy, including prohibitions against
misleading or deceptive conduct, unconscionable conduct and the use of
unfair contract terms; and
–
specific protections against certain unfair practices including false or
misleading representations, consumer guarantees and product safety
provisions.
•
The Government made election commitments to:
–
introduce a set of measures to combat scams and online fraud, including
establishing a National Anti-Scam Centre
–
make unfair contract terms illegal so small businesses can negotiate fairer
agreements with large partners
–
increase penalties in the
Competition and Consumer Act 2010
–
establish a ‘Super Complaint’ function within the Australian Competition
and Consumer Commission (ACCC)
Scams – election commitment
•
The Government has committed to introducing a range of measures to combat
scams, including:
–
establishing a National Anti-Scam Centre (based on the UK’s Fusion Cell
model)
–
new industry codes (including for banks, telecommunications providers
and digital platforms)
–
more funding for identification recovery services
–
a review of penalties
Page 3 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Market Conduct Division
Date of Update
08 November 2022
QB22-000196
CONSUMER AFFAIRS
CONSUMER AFFAIRS
•
These measures are intended to strengthen the system to better protect
consumers, families and small businesses.
•
Delivering on this election commitment will require a comprehensive, whole-of-
government response.
•
Treasury has commenced work with other departments and regulators.
Stakeholder roundtables are expected to be held this year.
Scams – statistics
•
Scams remain a key consumer concern for the public. So far in 2022, the
ACCC’s Scamwatch service has received 166,047 reports with more than
$425 million in financial losses.
•
According to the ACCC, Australians lost over $2 billion to scams in 2021.
•
On 4 July 2022, the ACCC released its ‘Targeting Scams’ report on key trends
in scam activity. The data in this report is for the 2021 calendar year.
–
The ACCC received 286,622 scam reports in 2021, with reported losses of
$324 million. Reports increased by 33 percent compared to 2020, and
financial losses increased by 84 percent.
–
The highest losses reported to all agencies and banks were for investment
scams.
–
Scamwatch sent more than 150 disseminations of scam reports on high
risk or current scam trends to law enforcement and government agencies.
This intelligence assisted state and federal police to investigate and, in
some instances, prosecute scammers.
–
Scamwatch shared thousands of telephone numbers provided in scam
reports with the telcos and the Australian Communications and Media
Authority (ACMA) every week, to assist them to identify scam call traffic
and disrupt scammers.
•
Consumers concerned about scams should visit the ACCC’s website
www.scamwatch.gov.au to keep up to date with current scams, report scam
activity, and get information about what to do if they become a scam victim.
Page 4 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Market Conduct Division
Date of Update
08 November 2022
QB22-000196
CONSUMER AFFAIRS
CONSUMER AFFAIRS
•
The Scamwatch website receives thousands of reports each year. The ACCC
uses this information to help consumers recognise and avoid scams. The
ACCC focuses on education and collaboration as the online and global nature
of scams makes it difficult to prosecute scammers and ultimately recover
money lost to scams.
Page 5 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Market Conduct Division
Date of Update
08 November 2022
FOI 3289
Document 4
QB22-000209
SUSTAINABLE FINANCE/CLIMATE
DISCLOSURES
Sustainable Finance and Climate Disclosures
KEY MESSAGE
•
Australian businesses need clearer guidance on how to report the climate risks
impacting their operations.
•
Our Government is working with the regulators to develop a standardised
approach to climate disclosures that will ensure reporting is credible and
comparable.
KEY FACTS AND FIGURES
•
As the world transitions towards net zero, capital markets are increasingly
focused on climate-related risks and opportunities.
–
Sustainable debt issuance increased 10x over 2016 - 2021, from
$0.14 trillion to $1.6T USD.
•
While the Corporations Act currently requires Australian companies to disclose
material risks, many of our international peers are introducing more detailed
climate risk reporting requirements.
–
New climate reporting requirements have been legislated in the
United
Kingdom,
European Union and
New Zealand, among others. The
United States is also developing an approach.
•
Treasury is working closely with Australian regulators, industry and
international peers:
–
The
International Sustainability Standards Board (ISSB) was formed at
COP26, and is developing a new global baseline for climate and
sustainability disclosures.
–
ASIC is a member of the IOSCO Sustainability Technical Experts Group,
which will provide input to the ISSB with a view to possible IOSCO
endorsement of the ISSB standards.
–
Treasury and the RBA have supported the work of the ISSB through their
participation in the
G20 Sustainable Finance Working Group and the
Financial Stability Board’s climate-related workstream.
Page 1 of 3
Treasurer - The Hon Jim
Adviser
s 22
Office Responsible
Chalmers MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Market Conduct Division
Date of Update
30 November 2022
QB22-000209
SUSTAINABLE FINANCE/CLIMATE
DISCLOSURES
Sustainable Finance and Climate Disclosures
BACKGROUND
•
Voluntary reporting: The Corporations Act currently requires Australian
companies to disclose material risks, including climate-related financial risks:
–
Financial regulators encourage use of the the voluntary Taskforce on
Climate-related Financial Disclosures framework (TCFD) – the leading
global framework for climate risk reporting.
•
There has been steady Australian uptake of TCFD-aligned climate disclosures.
–
In 2021, 103 of the ASX200 made TCFD-aligned climate disclosures,
compared to 11 when the framework was established in 2017.
–
But the TCFD framework is flexible, firm capabilities vary, and Australia’s
legal framework creates considerable variation in how risks are reported.
–
There are shortcomings with quality, consistency and comparability of
disclosures.
•
International process: The ISSB will provide a detailed global standard which
can be adopted by jurisdictions.
–
ISSB builds on the reporting framework established by the TCFD, and
incorporates industry disclosure requirements taken from the Sustainability
Accounting Standards Board Standards.
–
On July 27 2022, the CFR provided comment on the ISSB exposure drafts
to better adapt these standards to an Australian context.
–
The ISSB has closed for comment on its drafts of its proposed climate and
sustainability standards, which it expects to finalise in early 2023.
•
Key next steps for Australia are engaging with the ISSB process and carefully
assessing the finalised ISSB standards, in the context of the Government’s
commitment to introduce globally aligned climate reporting requirements.
Page 2 of 3
Treasurer - The Hon Jim
Adviser
s 22
Office Responsible
Chalmers MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Market Conduct Division
Date of Update
30 November 2022
QB22-000209
SUSTAINABLE FINANCE/CLIMATE
DISCLOSURES
Sustainable Finance and Climate Disclosures
•
Climate disclosures are part of a wider CFR sustainable finance agenda:
–
On 30 November 2022, APRA published the outcomes of its first Climate
Vulnerability Assessment (CVA), which focused on the major banks. The
process involved entities estimating the potential physical impacts of a
changing climate on their balance sheets, as well as the risks that may
arise from the global transition to a low-carbon economy.
:
The participating banks did not face severe stress under the climate
scenarios considered. However, the analysis showed that impacts
could be more severe for institutions with concentrated exposures to
certain regions or industries.
:
The outcomes highlight the importance of proactive climate risk
management by financial institutions.
:
CFR agencies will consider whether the CVA process should be
expanded, including to the superannuation and insurance sectors.
–
In June 2022, ASIC released an information sheet to help issuers avoid
‘greenwashing’ when offering or promoting sustainability-related products.
–
Treasury and the RBA are actively participating in the G20’s Sustainable
Finance Working Group, including to support the development of a more
consistent global approach for incorporating transitional industries and
investments within sustainable finance frameworks.
•
The Government is actively considering opportunities to leverage accelerating
global sustainable finance flows to support its Powering Australia policies and
help deliver Australia’s strengthened emissions reductions goals.
Recent announcements
•
ASIC has taken action against listed energy company Tlou Energy Limited for
‘greenwashing’, fining them to the tune of $53,280 for alleged misleading
sustainability-related statements made to the ASX in October 2021. ASIC is
continuing its investigations in a number of listed entities, super funds and
managed funds.
•
On 7 November 2022, the Investor Group on Climate Change was reported to
have urged the Treasurer and RBA governor to move quickly to mandate
climate disclosures aligned with the ISSB standards.
Page 3 of 3
Treasurer - The Hon Jim
Adviser
s 22
Office Responsible
Chalmers MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Market Conduct Division
Date of Update
30 November 2022
FOI 3289
Document 5
QB22-000262
SUPPORT PAYMENTS
Age Pension - Work Bonus and Income Test
KEY MESSAGE
•
Following the Jobs and Skills Summit, the Government has announced two
measures that support pensioners to help meet labour supply shortages:
– A temporary $4,000 income bank credit — this will enable pensioners to earn
another $4,000 from employment without impacting their pension, helping to
alleviate skills shortages.
: This measure temporarily increases the maximum income bank to $11,800.
After the temporary increase period ends, the maximum income bank
balance will revert to $7,800.
: Legislation to give effect to the measure is currently before Parliament, with
the Government having introduced an amendment to extend the expiry of
the measure from 30 June 2023 to 31 December 2023. This extension will
give pensioners more time to start work or increase their hours to take
advantage of the $4000 credit.
– Pensioners will not have to reapply for payments if their employment income
exceeds the income limit and reduces their payment to zero, for up to two
years, rather than their payment being cancelled after 12 weeks.
: Pensioners will also be able to keep their Pensioner Concession Card and
associated benefits for two years.
: This measure was an announced but unenacted policy of the previous
Government.
KEY FACTS AND FIGURES
•
The Work Bonus disregards the first $300 of employment income per fortnight
from the income test. The bonus can be carried over up to maximum of
$7,800. Combined with the one off $4,000 credit, pensioners can earn up to
$11,800 in 2022-23 without affecting their pension payment. On 1 July 2023,
the maximum income bank balance will revert to $7,800.
•
When combined with the income test free area ($190),
a single retiree with
no other income can earn up to $490 per fortnight before their Age
Pension is impacted.
Page 1 of 4
Treasurer - The Hon Jim
Adviser
s 22
Office Responsible
Chalmers MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
18 November 2022
QB22-000262
SUPPORT PAYMENTS
Age Pension - Work Bonus and Income Test
•
As at 25 March 2022, there were around 75,700 Age Pension recipients with
employment income in the past fortnight, or 3.0 per cent of all Age Pension
recipients. Around 96 per cent of Age Pensioners have a full work bonus
income bank.
• The total cost of the Work Bonus income credit in the October Budget 2022-23,
expiring 30 June 2023, was $46.9 million.
– Costs for the extension to 31 December 2023 are still being finalised.
Page 2 of 4
Treasurer - The Hon Jim
Adviser
s 22
Office Responsible
Chalmers MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
18 November 2022
QB22-000262
SUPPORT PAYMENTS
Age Pension - Work Bonus and Income Test
BACKGROUND
How many pensioners will benefit from the work credit?
•
All age pensioners, around 2.6 million, will receive the upfront $4000 income
credit and will be able to work and earn more before their age pension is
reduced.
–
The proposal will also apply to Disability Support Pensioners and Carer
Payment recipients over Age Pension age, as well as equivalent
Department of Veterans’ Affairs pension recipients.
Why is our measure better than the Coalition’s suggestion?
•
Our measure provides certainty – pensioners know exactly what they are
getting up front and how much they can earn. We are providing support in a
simple easy to follow manner.
•
Coalition proposal: the Coalition is proposing to double the existing work
bonus for age pensioners from $300 per fortnight to $600 per fortnight for
2022-23 and review the merits of extending the policy for future years.
Age Pension means testing
•
The Age Pension is asset and income tested to ensure it is targeted to those
that need it most.
•
Payment amounts also vary according to whether a person is single or in a
couple and whether they own their home (the value of the principal place of
residence is not included in the means test).
•
The income test reduces the pension amount by 50 cents for every dollar over
the free area (currently $190 per fortnight for a single pensioner and
$336 combined for a couple).
–
The Age Pension income test cut-off for a single is $2,243.00 per fortnight
and $3,431.20 per fortnight combined for a couple.
–
If the income is from employment, the Work Bonus allows individuals to
earn up to $300 per fortnight without reducing their pension. The bonus
can be carried over up to a maximum of $7,800.
•
The assets test reduces the pension amount by $3 per fortnight per $1,000 of
assets over the free area (currently $280,000 for a single homeowner).
Page 3 of 4
Treasurer - The Hon Jim
Adviser
s 22
Office Responsible
Chalmers MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
18 November 2022
QB22-000262
SUPPORT PAYMENTS
Age Pension - Work Bonus and Income Test
Other policies that support Age Pensioners in work
•
The Senior Australians and Pensioners Tax Offset (SAPTO) ensures eligible
senior Australians with incomes up to $33,088 (or $29,783 for each member of
a couple) pay no income tax.
•
Those aged between 67 and 74 years old inclusive who satisfy the work test
(employed for at least 40 hours during a consecutive 30-day period during the
year) are also able to access income tax concessions from contributing to
super; through salary sacrificing or personal deductible contributions.
Page 4 of 4
Treasurer - The Hon Jim
Adviser
s 22
Office Responsible
Chalmers MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
18 November 2022
FOI 3289
Document 6
QB23-000087
SUPPORT PAYMENTS
Age Pension - Work Bonus and Income Test
KEY MESSAGE
• Following the Jobs and Skills Summit, the Government has implemented two
measures that support pensioners to help meet labour supply shortages:
1) From 1 December 2022, a temporary $4,000 income bank credit — enabling
pensioners to earn another $4,000 from employment without impacting their
pension, helping to alleviate skills shortages.
: This measure temporarily increases the maximum income bank to $11,800
until 31 December 2023.
2) From 1 January 2023, pensioners no longer need to reapply for payments if
their employment income exceeds the income limit and reduces their
payment to zero, for up to two years. Previously, payments would be
cancelled after 12 weeks.
: Pensioners will also be able to keep their Pensioner Concession Card and
associated benefits for two years.
: This measure was an announced but unenacted policy of the previous
Government.
KEY FACTS AND FIGURES
•
The Work Bonus disregards the first $300 of employment income per fortnight
from the income test. The bonus can be carried over up to a maximum of
$7,800.
•
Combined with the one off $4,000 credit, pensioners can earn up to $11,800 in
2022-23 without affecting their pension payment. On 31 December 2023, the
maximum income bank balance will revert to $7,800.
•
When combined with the income test free area ($190),
a single retiree with
no other income can earn up to $490 per fortnight before their Age
Pension is impacted.
•
As at 30 September 2022, there were around 76,900 Age Pension recipients
with employment income in the past fortnight, or 3.0 per cent of all Age
Pension recipients.
•
The indicative total cost of the Work Bonus income credit is $49.9 million.
Page 1 of 2
Treasurer - The Hon Jim
Adviser
s 22
Office Responsible
Chalmers MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
23 January 2023
QB23-000087
SUPPORT PAYMENTS
Age Pension - Work Bonus and Income Test
BACKGROUND
How many pensioners will benefit from the work credit?
•
All age pensioners, around 2.6 million, will receive the upfront $4000 income
credit and will be able to work and earn more before their Age Pension is
reduced.
–
The proposal will also apply to Disability Support Pensioners and Carer
Payment recipients over Age Pension age, as well as equivalent
Department of Veterans’ Affairs pension recipients.
Other policies that support Age Pensioners in work
•
The Senior Australians and Pensioners Tax Offset (SAPTO) ensures eligible
senior Australians with incomes up to $33,088 (or $29,783 for each member of
a couple) pay no income tax.
•
Those aged between 67 and 74 years old inclusive who satisfy the work test
(employed for at least 40 hours during a consecutive 30-day period during the
year) are also able to access income tax concessions from contributing to
super; through salary sacrificing or personal deductible contributions.
Page 2 of 2
Treasurer - The Hon Jim
Adviser
s 22
Office Responsible
Chalmers MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
23 January 2023
FOI 3289
Document 7
QB23-000083
SUPER – YFYS
Your Future, Your Super Review
KEY MESSAGE
•
The Australian Government is committed to strengthening Australia’s world
class superannuation system, which is why we are considering options to
enhance the Your Future, Your Super (YFYS) measures following Treasury’s
review.
KEY FACTS AND FIGURES
YFYS Review
•
The Government is aware of concerns that the YFYS measures have had
unintended consequences, such as discouraging certain investment decisions.
•
As such the Government tasked Treasury to review the operation of the YFYS
measures after the second round of the test for MySuper products took place
in August 2022.
•
To inform the YFYS review, Treasury undertook an extensive 6-week
consultation process seeking stakeholder feedback. The consultation process
commenced on 7 September 2022 and submissions closed on 14 October
2022.
–
During the consultation process, Treasury met with a range of
stakeholders from across the superannuation sector through bilateral
meetings, roundtable discussions, and a technical working group on the
performance test.
–
The Government announced the membership of the 12-member technical
working group on 20 September 2022, which was comprised of
independent economists, academics, investment advisers, and
representatives from retail and not-for-profit super funds.
–
Notes of the discussion in the working group meetings have also been
published on the Treasury website.
•
The Government is currently considering outcomes from the review and
expects to make further announcements on next steps in due course.
Page 1 of 4
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
30 January 2023
QB23-000083
SUPER – YFYS
Your Future, Your Super Review
Deferral of the performance test to trustee-directed products (TDPs)
•
The performance test currently applies to MySuper products and was
scheduled to be extended to TDPs from 1 July 2022.
•
The extension of the performance test to TDPs was paused for 12 months to
provide time for the review to take place. This will allow the Government to
consider and consult on any changes to ensure that the test is fit for purpose
given the significant variety and complexity of these products.
Faith-based products
•
In 2022, the Government introduced legislation in Parliament to adjust how
faith-based products are treated under the performance test (Schedule 5 of the
Treasury Laws Amendment (2022 Measures No. 3) Bill 2022).
•
These amendments were targeted at the small number of faith-based
superannuation funds that face the potential of being penalised for investing in
accordance with their religious principles.
–
Members of faith-based products affected by the regulations represent
around 1 per cent of superannuation members.
•
Schedule 5 to the Bill:
–
Required trustees to ‘self-identify’ and apply to APRA for faith-based
product status;
–
Subjected faith-based products to a supplementary test that considers
their faith-based investment strategy, if they fail the original test; and
–
Exempted faith based products from the consequences of failure if they
pass the supplementary test.
•
After engaging with stakeholders during the development of this legislation, the
Government removed Schedule 5 from the Bill and will consider these reforms
as part of the broader Your Future, Your Super review.
–
The YFYS Review also provides an opportunity to assess the unintended
consequences of the performance test benchmarks for other products.
Page 2 of 4
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
30 January 2023
QB23-000083
SUPER – YFYS
Your Future, Your Super Review
–
Two notionally faith-based products have failed the performance test:
Christian Super failed the 2021 test; and Australian Catholic failed in both
2021 and 2022. Both funds have since merged with better performing
funds (Australian Ethical and UniSuper, respectively).
2022 Performance Test Results
•
The second performance test applied to 69 MySuper products in August 2022.
This found that 5 products failed the test, representing 604,000 member
accounts and nearly $28 billion in assets. Of the 5 products which failed:
–
1 product, Westpac Group Plan MySuper, failed for the first time.
–
4 products failed for a second consecutive time and have been closed to
new members until they pass a subsequent performance test. These
products are:
:
AMG MySuper;
:
BT Super MySuper;
:
Energy Industries Superannuation Scheme Balanced (MySuper);
:
ACS Super LifetimeOne (Australian Catholic Superannuation
Retirement Fund).
•
Since the inception of the performance test in 2021, 14 products have failed.
Of these products:
–
11 products have exited the market or are progressing with mergers
–
2 products have since passed the 2022 test
–
1 product failed both tests and can no longer accept new members.
Page 3 of 4
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
30 January 2023
QB23-000083
SUPER – YFYS
Your Future, Your Super Review
BACKGROUND
YFYS reforms
•
The YFYS reforms include the following elements:
–
Annual performance test — Holding funds accountable and protecting
members by introducing an annual objective performance test. The test
aims to protect members from poor outcomes by encouraging funds to
lower fees and improve performance to boost Australians’ retirement
incomes.
–
Stapling — Changes to ensure that superannuation accounts follow
members (stapling) when they change jobs. This stops the creation of
unwanted multiple accounts that reduce retirement savings through
duplicate fees.
–
YourSuper comparison tool — Empowering members to make better
decisions about who manages their retirement savings by delivering the
new, interactive, online YourSuper comparison tool.
–
Best Financial Interests Duty — Increasing trustee accountability by
strengthening obligations to ensure trustees only act in the best financial
interests of members and requiring superannuation funds to provide better
information regarding how they manage and spend members’ money in
advance of Annual Members’ Meetings.
Page 4 of 4
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
30 January 2023
FOI 3289
Document 8
QB22-000159
SUPER – VICTIMS
Victims of Crime
KEY MESSAGE
•
The Government considers that it is particularly egregious for convicted
criminals to seek to hide assets in superannuation in order to avoid paying
compensation to their victims. The Government recently met with the Grace
Tame Foundation to discuss this issue and is considering how survivors can
be better supported to receive their rightful compensation.
KEY FACTS AND FIGURES
•
In June 2022, the Grace Tame Foundation, in partnership with Andrew
Carpenter, Fighters Against Childhood Abuse Australia and the Carly Ryan
Foundation, launched the
Super for Survivors campaign.
•
The
Super for Survivors campaign, represented by the Grace Tame
Foundation met with the Assistant Treasurer on 16 June 2022 to discuss
victims’ access to perpetrators’ superannuation and presented a joint letter.
•
Through the campaign, the Grace Tame Foundation are seeking legislative
amendments to ensure that victims and survivors of child sexual abuse are
able to access redress from the superannuation of perpetrators.
Page 1 of 3
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible Retirement Advice and Investment Division
Date of Update
19 July 2022
QB22-000159
SUPER – VICTIMS
Victims of Crime
BACKGROUND
Current avenues for victims of crime compensation
•
There are three ways that a victim of crime can currently seek compensation
from the perpetrator:
– state and territory statutory compensation schemes (state-funded), where
the state pays compensation directly to a victim of crime
– compensation or restitution orders, handed down as part of the sentencing
process in a criminal trial, requiring the perpetrator to pay the victim
– a victim pursuing civil action against a perpetrator or al eged perpetrator
for damages (either fol owing their conviction or in the absence of a
conviction).
•
The perpetrator’s superannuation is protected in each of these processes and
may be used by perpetrators as a vehicle to avoid paying compensation to
victims.
– Bankruptcy proceedings may currently be used to ‘claw-back’
superannuation contributions made by a perpetrator to avoid paying debts,
including victims’ compensation orders.
Measure announced by previous Government
•
The previous Government’s measure, which was original y scheduled to
commence on 1 July 2020 but did not proceed, included two mechanisms for
victims of crime to access their perpetrator’s superannuation:
– the first was for a claw-back mechanism for ‘out of character’
superannuation contributions made by criminals to shield their assets from
use in compensating victims of their crimes; and
– the second was to al ow victims of serious, violent crimes to be able to
access a perpetrator’s superannuation as compensation, where other
assets have been exhausted, subject to appropriate limits and thresholds.
•
These mechanisms were canvassed as part of a Treasury consultation paper
released from 28 May to 15 June 2018. Treasury received 23 submissions in
response to this consultation process, which are publicly available on the
Treasury website. Treasury met bilaterally with a number of stakeholders,
including representatives from most state and territory justice departments
and/or victims of crime commissions, as wel as a number of state and federal
courts.
Page 2 of 3
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible Retirement Advice and Investment Division
Date of Update
19 July 2022
QB22-000159
SUPER – VICTIMS
Victims of Crime
•
Prior to the Treasury consultation released between 28 May and 15 June
2018, Treasury released a consultation paper from 20 December 2017 to 12
February 2018, which included canvassing whether, and the circumstances in
which, a perpetrator’s superannuation assets should be available to pay
compensation to victims of crime.
– Treasury received over 60 submissions which are publicly available on the
Treasury website, held 10 roundtables and met bilaterally with a number of
stakeholders.
Page 3 of 3
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible Retirement Advice and Investment Division
Date of Update
19 July 2022
FOI 3289
Document 9
QB22-000171
SUPER - WOMEN
WOMEN AND SUPERANNUATION
KEY MESSAGE
•
The Government is committed to improving the economic security of
women in retirement and reducing the superannuation savings gap.
KEY FACTS AND FIGURES
•
In 2019-20, the median superannuation balance for males
approaching Age
Pension age (60-64) was $180,928 compared with $139,056 for females. This
equates to a 23.1 per cent gap between the median male and female
superannuation balance.
•
In 2019-20, the median superannuation balance for males at or
approaching
preservation age (55-59 years) was $163,180 compared to $112,122 for
females. This equates to a 31.3 per cent gap between the median male and
female superannuation balance.
•
The
gender pay gap is a key driver of the difference in superannuation
balances between men and women. According to the Workplace Gender
Equality Agency (WGEA), the national gender pay gap is 14.1 per cent (as at
May 2022).
•
Another major driver is the
time women take out of the workforce to
undertake unpaid care work. Women are more likely than men to take time out
of the workforce to care for children and this interrupts paid employment
patterns resulting in lower earnings and lower superannuation contributions.
–
In 2019-20, among parents of children aged five and under, 65.5 per cent
of women were in the labour force, compared to 94.4 per cent of men.
–
The labour force participation gap is the largest around childbearing ages
where women aged 30-39 are almost three times more likely than men to
be not in the labour force – 22 per cent of women were not in the labour
force compared to only 8 per cent of men in 2019-20.
–
According to 2020-21 data from WGEA, women account for 88 per cent of
all primary carer’s leave utilised.
Page 1 of 3
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
20 October 2022
QB22-000171
SUPER - WOMEN
WOMEN AND SUPERANNUATION
BACKGROUND
Removal of the $450 threshold
•
After years of advocacy while in opposition, the Government welcomes the
removal of the $450 per month income threshold under which employees do
not have to be paid the superannuation guarantee by their employer, which
commenced on 1 July 2022. This will improve equity in the superannuation
system, in particular for women, who are most likely to be impacted by this
threshold due to being more likely to work part-time, in lower-paid industries.
- The Retirement Income Review estimated that of employees who were
affected by the $450 per month threshold in July 2019, 63 per cent (around
200,000) were women. Removing the threshold will help women working a
few hours in multiple jobs or balancing re-entering the workforce with caring
responsibilities contribute to their retirement savings.
Increases to the superannuation guarantee rate
•
The Government will help improve women’s economic security in retirement by
committing to the legislated SG increases to 12 per cent.
–
The Retirement Income Review found that under a 12 per cent SG rate,
most people will either maintain or improve their standard of living in
retirement compared to working life, and that a lower SG rate would lead
to lower superannuation balances.
Superannuation guarantee and paid parental leave
•
Unlike most other leave entitlements, employers are not required to pay the
superannuation guarantee (SG) on paid parental leave (PPL). The SG is also
not paid on government-funded Parental Leave Pay (PLP).
•
The Government has not committed to any changes to pay superannuation on
government-funded PPL schemes.
•
Paying superannuation on PPL and PLP would improve equity in the
superannuation system by reducing some of the impact of child-related career
breaks on retirement incomes. It would also signal the value of unpaid care.
Page 2 of 3
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
20 October 2022
QB22-000171
SUPER - WOMEN
WOMEN AND SUPERANNUATION
–
According to the Retirement Income Review, for the median female
earner, receiving superannuation on the average period of employer PPL
(11 weeks in 2019) increases her balance at retirement by around 0.8 per
cent. For the Government-funded PLP (18 weeks), the median female
earner increases her balance by 0.17 per cent.
–
The WGEA reported that in 2020-21, around 49 per cent of private
employers pay superannuation to primary carers on parental leave.
Page 3 of 3
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
20 October 2022
FOI 3289
Document 10
QB22-000172
DOWNSIZER
Downsizer
KEY MESSAGE
•
The Government has introduced legislation to expand eligibility for
those who can make downsizer contributions to their superannuation
to 55 years of age, in line with its election commitment.
KEY FACTS AND FIGURES
•
The downsizer program allows eligible older people to make a one-off, post-tax
contribution to their superannuation of up to $300,000 per person ($600,000
per couple) from the proceeds of selling their home, outside the usual
superannuation contribution caps.
•
From 1 July 2022, the eligibility age to make downsizer contributions has been
reduced from 65 to 60.
•
The Government is legislating its commitment to further expand eligibility to 55
years of age. The changes are included in the Treasury Laws Amendment
(2022 Measures No. 2) Bill 2022 (Schedule 5). This further reduction in
eligibility age will take effect from the first quarter following passage of
legislation.
–
On 21 October 2022, the Australian Greens proposed an amendment in
the Senate to the Treasury Laws Amendment (2022 Measures No. 2) Bill
2022 to omit the provisions relating to downsizer.
•
The measure is estimated to decrease receipts by $20 million over the forward
estimates.
•
Since the start of the program, from 1 July 2018 to 30 September 2022,
around 48,900 individuals have made downsizer contributions, of which
around 77 per cent had superannuation balances of less than $600,000 and
around 55 per cent were women. The average accumulated downsizer
contribution per individual was around $245,800.
–
Around 59 per cent of those who have used the downsizer scheme have
superannuation balances of $300,000 or less.
Page 1 of 2
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
16 November 2022
QB22-000172
DOWNSIZER
Downsizer
BACKGROUND
•
Downsizer contributions allow individuals who may otherwise be prevented
from making contributions into their superannuation due to their age, work
status or contribution cap restrictions to sell their home and make a
contribution using the proceeds of the sale.
•
The downsizer program provides flexiblity for older people to boost their
superannuation savings for retirement. It is aimed at encouraging people to
downsize earlier to homes that better meet their needs and free up the stock of
larger homes for younger families.
•
The Government is progressing this modest change to the eligibility age for the
downsizer program in the context of a comprehensive plan to improve housing
access and affordability and increase supply.
•
Legislation requires an independent review of the operation of the First Home
Super Saver Scheme (FHSSS) and downsizer scheme as soon as practicable
after June 2019. The Government will consider the legislated review within the
context of its broader priorities.
•
On 29 September 2022 the Superannuation Legislation Amendment
(Broadening Contribution Rules) Regulations 2022 were made. This allows
superannuation funds and Retirement Savings Account institutions to accept
downsizer contributions under the new eligilbity criteria.
–
These regulations are subject to the commencement of primary legislation.
Page 2 of 2
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
16 November 2022
FOI 3289
Document 11
QB22-000176
SUPER – PERFORMANCE TEST
PERFORMANCE TEST - FAITH BASED PRODUCTS AND
TDP DEFERRAL
KEY MESSAGE
•
The Albanese Government is committed to strengthening Australia’s
world-class superannuation system, which is why we have tasked
Treasury to review whether the Your Future, Your Super (YFYS)
laws have created unintended outcomes for members. We have also
deferred the extension of the annual YFYS performance test beyond
MySuper products for 12 months, and introduced legislation to adjust
how faith-based products are treated under the test.
KEY FACTS AND FIGURES
•
The annual YFYS performance test (the test) for superannuation products is a
component of the YFYS reforms legislated in 2021. The test compares a
product’s returns and fees against benchmarks to determine if it passes
(performing) or fails (underperforming).
2022 Performance Test Results
•
The second annual performance test applied to 69 MySuper products in
August 2022. This found that 5 products failed the test, representing 604,000
member accounts and nearly $28 billion in assets.
•
Of the 5 products which failed:
–
1 product, Westpac Group Plan MySuper failed the test for the first time.
–
4 products had a second consecutive failure and are now closed to new
members until they pass a subsequent performance test. These products
are:
:
AMG MySuper;
:
BT Super MySuper;
:
Energy Industries Superannuation Scheme Balanced (MySuper);
:
ACS Super LifetimeOne (Australian Catholic Superannuation
Retirement Fund).
Page 1 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
01 November 2022
QB22-000176
SUPER – PERFORMANCE TEST
PERFORMANCE TEST - FAITH BASED PRODUCTS AND
TDP DEFERRAL
•
Since the inception of the performance test, 14 products have failed. Of these
products:
–
4 have already exited;
–
5 have failed the 2021 performance test, and passed the 2022
performance test;
–
4 failed both the 2021 and 2022 performance tests; and
–
1 passed the 2021 performance test, and failed the 2022 performance
test.
•
The 4 products that failed the test two years in a row can longer accept new
members until they pass a future performance test. This will ensure that
superannuation members do not join underperforming products, setting them
up for a better retirement.
•
For the 5 products that failed the 2022 performance test, four funds have
committed to exiting ahead of the 2023 performance test.
2021 Peformance Test Results
•
The results of the first performance test were released in August 2021.
13 products failed out of the 76 products tested. Out of the 13 failed products,
1 has since closed, 9 have merged or are in the process of merging, and 3 are
subject to increased supervision by APRA.
YFYS Review and deferral of test for trustee-directed products (TDPs)
•
The Albanese Government is committed to ensuring that the performance test
holds trustees to account for the investment performance they deliver and the
fees that they charge to members.
•
The Government is aware of concerns that the YFYS reforms have potentially
created unintended consequences, such as discouraging certain investment
decisions.
Page 2 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
01 November 2022
QB22-000176
SUPER – PERFORMANCE TEST
PERFORMANCE TEST - FAITH BASED PRODUCTS AND
TDP DEFERRAL
–
As such the Government tasked Treasury to review the operation of the
YFYS reforms after the second round of the test for MySuper products
took place in August 2022.
–
As part of the review, Treasury recently undertook an extensive 6-week
consultation process seeking stakeholder feedback into the YFYS
measures. Submissions closed on 14 October 2022. Treasury is
processing submissions and intends to provide advice to Government in
the coming weeks.
–
During the consultation process Treasury met with a range of stakeholders
from across the superannuation sector through bilateral meetings,
roundtable discussions, and a technical working group on the performance
test. The Government announced the membership of the technical working
group on 20 September 2022.
•
The extension of the performance test to TDPs has been paused for
12 months to provide time for the review to take place. This will allow the
Government to consider and consult on any changes to ensure that the test is
fit for purpose given the significant variety and complexity of these products.
Faith-based products
•
Currently, the performance benchmark can potentially penalise faith-based
products for avoiding certain investments that fall outside their religious
principles, for example, armaments. This could lead to these funds ultimately
being closed to new members, denying Australians of faith the option of
investing their super in line with their religious beliefs.
–
Two notionally faith-based products have failed the performance test.
Christian Super failed the performance test in 2021 and Australian
Catholic failed in 2021 and 2022. These funds are currently progressing
mergers with other better performing funds (Australian Ethical and
UniSuper, respectively).
•
The Government has now introduced legislation into Parliament to adjust how
faith-based products are treated under the test.
Page 3 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
01 November 2022
QB22-000176
SUPER – PERFORMANCE TEST
PERFORMANCE TEST - FAITH BASED PRODUCTS AND
TDP DEFERRAL
–
On 28 September, Treasury Laws Amendment (2022 Measures No. 3) Bill
2022 was referred to the Senate Economics Legislation Committee and
the Senate Standing Committee for the Scrutiny of Bills. The report from
the Senate Economics Legislation Committee is due by 17 November
2022.
–
On 27 October, Treasury Laws Amendment (2022 Measures No. 3) Bill
2022 passed the House of Representatives without amendment.
•
The proposed legislation seeks to:
–
Require trustees to ‘self-identify’ and apply to APRA for faith-based
product status;
–
Subject faith-based products to a supplementary test that considers their
faith-based investment strategy, if they fail the original test; and
–
Exempt faith-based products from the consequences of failure if they pass
the supplementary test.
•
Exposure draft regulations to support this legislation have been released for
public consultation. Draft regulations can be found on the Treasury website
and consultation closed on 7 October 2022.
–
Treasury received 8 written submissions from a variety of stakeholders,
the majority from industry peak bodies.
•
These amendments are targeted squarely at the small number of faith-based
superannuation funds that face the potential of being penalised for investing in
accordance with their religious principles.
–
Members of faith-based products affected by the regulations represent
around 1 per cent of total superannuation members.
–
The YFYS Review will provide an opportunity to assess the unintended
consequences that the performance test benchmarks pose for other
products.
Page 4 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
01 November 2022
QB22-000176
SUPER – PERFORMANCE TEST
PERFORMANCE TEST - FAITH BASED PRODUCTS AND
TDP DEFERRAL
BACKGROUND
YFYS reforms
•
The YFYS reforms include the following elements:
–
Annual performance test — Holding funds accountable and protecting
members by introducing an annual objective performance test. The test
aims to protect members from poor outcomes by encouraging funds to
lower fees and improve performance to boost Australians’ retirement
incomes.
–
Stapling — Changes to ensure that superannuation accounts follow
members (stapling) when they change jobs. This stops the creation of
unwanted multiple accounts that reduce retirement savings through
duplicate fees.
–
YourSuper comparison tool — Empowering members to make better
decisions about who manages their retirement savings by delivering the
new, interactive, online YourSuper comparison tool.
–
Best Financial Interests Duty — Increasing trustee accountability by
strengthening obligations to ensure trustees only act in the best financial
interests of members and requiring superannuation funds to provide better
information regarding how they manage and spend members’ money in
advance of Annual Members’ Meetings.
Page 5 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
01 November 2022
FOI 3289
Document 12
QB22-000233
SUPER - MILITARY INVALIDITY
MILITARY SUPERANNUATION INVALIDITY PENSIONS
KEY MESSAGE
•
The Government will shortly introduce legislation to amend the tax
treatment of military invalidity pensions impacted by the Full Federal
Court decision in
Commissioner of Taxation v. Douglas. This will
ensure that veterans will not pay higher taxes due to the Court’s
decision and still get to keep benefits from the decision.
KEY FACTS AND FIGURES
•
The Douglas decision found that certain veterans’ invalidity pension payments
in the Defence Force Retirement and Death Benefits (DFRDB) and Military
Superannuation Benefits (MSB) schemes are superannuation lump sums for
income tax purposes rather than superannuation income stream benefits.
•
A draft bill,
Treasury Laws Amendment (Measures for a later sitting) Bill 2022:
Taxation of military superannuation benefits was released for public
consultation on the Treasury website between 25 July and 5 August.
–
The draft legislation confirms the lump sum tax treatment for affected
members of the DFRDB and MSB schemes. The Government’s approach
means that affected veterans in the two affected schemes will not only
retain the income tax benefits of the Douglas decision, but also benefits of
changes in their taxable income, such as Family Tax Benefit entitlements.
–
The Government will also introduce a non-refundable tax offset to prevent
any adverse income tax outcomes for affected veterans in the DFRDB and
MSB schemes. This will address higher end of year tax liabilities that
would have occurred for some of these veterans and enable the ATO and
CSC to include the impact of the new offset in determining fortnightly tax
withholding, in order to address higher withholding that has occurred for
some veterans due to the Douglas decision.
–
These changes will also apply to Spouse and Children’s pensions paid to
a spouse or child following the death of a member of a DFRDB or MSB
scheme affected by the Douglas decision.
Page 1 of 9
Assistant Treasurer and Minister for Financial
Adviser
s 22
Office Responsible
Services - The Hon Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
03 November 2022
QB22-000233
SUPER - MILITARY INVALIDITY
MILITARY SUPERANNUATION INVALIDITY PENSIONS
–
The draft Bill also retrospectively and prospectively reverses the impact of
the Douglas decision in relation to all schemes other than the invalidity
benefits and death benefits for beneficiaries of invalidity pensioners paid
from the DFRDB and MSB schemes that commence on or after
20 September 2007. This will ensure that payments in all other schemes
that may have been within the wider scope of the Court’s decision will
continue to be taxed as superannuation income stream benefits, which is
consistent with the intent of the current superannuation tax law.
Page 2 of 9
Assistant Treasurer and Minister for Financial
Adviser
s 22
Office Responsible
Services - The Hon Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
03 November 2022
QB22-000233
SUPER - MILITARY INVALIDITY
MILITARY SUPERANNUATION INVALIDITY PENSIONS
BACKGROUND
Full Federal Court’s decision
•
On 4 December 2020, the Full Federal Court handed down its decision for the
Douglas case concerning the taxation of military invalidity benefits paid from
the DFRDB and MSB Schemes.
•
The Court found that military invalidity benefits paid under an invalidity pension
that commenced on or after 20 September 2007 from the DFRDB scheme or
the MSB scheme are to be taxed as superannuation lump sums and not as
superannuation income stream benefits.
–
The successful applicants were Wayne Douglas and Shane Walker. Peter
Burns was unsuccessful. No appeals were lodged to the High Court by the
ATO or Mr Burns.
–
The Court found also found that benefits paid under an invalidity pension
that commenced before 20 September 2007 (and have been continuously
paid since that date) are to continue to be taxed as superannuation
income stream benefits.
Impacts of decision
•
While the Douglas decision provided a positive tax outcome for most affected
veterans, it did create adverse taxation impacts for some veterans on a
permanent basis. Some others will not be worse off on an annual basis but will
have more tax withheld on a fortnightly basis from their pension.
–
This will result in some tax debts owing under the remediation program,
and some individuals will have ongoing lower fortnightly pension
payments.
•
The outcome for individuals as a result of Douglas depends on their personal
circumstances. The age of the recipients and size of payments can mean the
interaction of the loss of income stream tax offsets and capping of tax rates on
lump sums plays out unfavourably.
Page 3 of 9
Assistant Treasurer and Minister for Financial
Adviser
s 22
Office Responsible
Services - The Hon Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
03 November 2022
QB22-000233
SUPER - MILITARY INVALIDITY
MILITARY SUPERANNUATION INVALIDITY PENSIONS
•
Where any amendments alter an individual’s taxable income, there may also
be financial impacts to other Commonwealth payments and obligations. The
Government’s response means this can be factored in by other Government
agencies in assessing non-tax Commonwealth entitlements and obligations.
The specifics of how this occurs is a matter for those agencies.
–
There can be changes to a veteran’s taxable income, as well as tax
outcome, as part of the shift in benefit taxation from income stream to
lump sum. This is more likely to occur where the veteran has also been
able to claim disability benefit status for income tax purposes.
Implementation of the Douglas decision to date
•
In December 2020, the ATO commenced a remediation program to correct the
tax treatment of past payments for affected veterans from the DFRDB and
MSB schemes that arise from the Douglas decision, and assessed 2020-21
income tax returns lodged by affected veterans in line with the Douglas
decision.
–
This will continue for 2021-22 income tax returns lodged until legislation is
passed. After passage the new offset will be implemented by the ATO.
–
To date, the ATO has completed over 2,500 remediation activities. The
ATO continues to review objections by veterans on their past year income
tax assessments.
•
From July 2021, CSC began applying the ATO’s PAYG withholding variation
for the affected veterans who CSC assessed would not face higher tax
withholding.
–
However, in the absence of amended legislation, CSC was required to
apply the withholding rates for all remaining veterans as soon as possible
and began doing so from 19 May 2022.
Outcomes of consultation
–
During consultation, Treasury received 17 submissions from stakeholders,
including from veterans and professional bodies.
–
Additionally, Treasury held discussions with various Government
agencies, including an inter-agency meeting held on 21 July 2022, and
hosted a meeting with veteran representatives on 10 August 2022.
Page 4 of 9
Assistant Treasurer and Minister for Financial
Adviser
s 22
Office Responsible
Services - The Hon Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
03 November 2022
QB22-000233
SUPER - MILITARY INVALIDITY
MILITARY SUPERANNUATION INVALIDITY PENSIONS
Pre-decision taxation policy
•
The taxation treatment of military invalidity pension payments has been an
issue of dispute between the broader military superannuation taxpayer group
and the ATO in recent years. The Defence Force Welfare Association has
been actively campaigning in this area.
•
Prior to the Douglas decision, the taxation treatment of a military invalidity
benefit paid from a superannuation fund was treated equally to any other
disability superannuation benefit. Notwithstanding, the taxation treatment of
disability superannuation benefits, including from military funds, continues to
be more concessional for some taxpayers compared to non-disability benefits.
–
For income stream benefits, people below preservation age receive a
15 per cent offset (from their marginal tax rate) if it has been financed from
a previously taxed element. The highest tax rate faced is the recipient’s full
marginal tax rate (with no offset) which occurs when the recipient is under
60 years old and the benefit is financed from a previously untaxed
element.
–
For lump sum benefits, any tax-free component applicable is increased
based on number of years the recipient was forced to retire early due to
disability. However, tax is applied on any other components at rates that
can range between 15 per cent and recipient’s marginal rate.
•
More broadly, longstanding tax settings governing invalidity benefits from
superannuation funds maintain that these are not compensation benefits for
the purposes of the superannuation and taxation systems, but rather, are
benefits paid earlier than retirement because the member is invalid and can no
longer work (or work in an occupation for which the member was trained).
Hence, taxation applies to such invalidity pension payments, including from the
military schemes.
Q&A
How will the new tax offset ensure veterans don’t pay more tax?
•
The Douglas decision was concerned with the income tax treatment of the
invalidity pension benefits from the DFRDB and MSB schemes. As such, the
Page 5 of 9
Assistant Treasurer and Minister for Financial
Adviser
s 22
Office Responsible
Services - The Hon Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
03 November 2022
QB22-000233
SUPER - MILITARY INVALIDITY
MILITARY SUPERANNUATION INVALIDITY PENSIONS
new non-refundable tax offset will ensure veterans do not pay higher tax as a
result of the Court’s decision.
•
The offset will take into account the amount of tax an affected veteran would
have paid had the Douglas decision not been delivered. It will ensure that
veterans who would pay more income tax in a particular year than if the
invalidity pension were to still be treated as a superannuation income stream,
would pay the same amount of tax as if the change had not occurred.
What are the impacts for non-tax payments and benefits for veterans from the
Government’s actions?
•
Certain non-tax consequences arise because taxable income is relevant in
determining either eligibility for, or the amount of, these payments, such as
Family Tax Benefit and child support obligations.
•
The Government’s response, by allowing the Douglas decision to stand for
affected veterans’ invalidity benefits, means that reductions in taxable incomes
that occur for those veterans who also have disability tax status can be
factored in by other Government agencies in assessing non-tax
Commonwealth entitlements and obligations. The specifics of how this occurs
is a matter for those agencies.
–
The flow-on impacts are particulary relevant for veterans eligible for
Disability Superannuation Benefit (DSB) status, as DSB alters the
calculation of the tax-free amounts of a lump sum. Therefore, many
affected veterans have begun claiming DSB following the Douglas
decision, as it lowers their taxable income and increases the amount of
payments they can receive.
–
For those Douglas-affected veterans who do not also have disability tax
status there is no impact on their taxable incomes, so there is no taxable
income change that flows through to non-tax Commonwealth entitlements
and obligations from the Douglas decision or the Government’s response.
Why are only veterans in the DFRDB and MSB schemes being compensated
through the new offset?
•
The Douglas decision was concerned with the direct income tax treatment of
the invalidity pension benefits from the DFRDB and MSB schemes which
commenced on or after 20 September 2007. As such, the Government’s
Page 6 of 9
Assistant Treasurer and Minister for Financial
Adviser
s 22
Office Responsible
Services - The Hon Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
03 November 2022
QB22-000233
SUPER - MILITARY INVALIDITY
MILITARY SUPERANNUATION INVALIDITY PENSIONS
commitment is related to that direct income tax change caused by that
decision.
•
The Full Federal Court made no decisions in relation to other schemes and the
ATO has only released a decision impact statement in relation to the two
schemes mentioned by the Court. The Government’s response only covers the
schemes directly referenced by the Court’s decision, which was clear that the
pre-20 September 2007 benefits from these schemes were still income
streams.
•
There is no policy rationale for extending the Douglas decision tax treatment
and proposed new tax offset to other invalidity schemes and benefits given
that they are common law pensions and should be treated as superannuation
income streams.
How many veterans are affected?
•
The decision applies to the invalidity benefits of around 14,150 veterans in the
DFRDB and MSB schemes. Around 350 face higher end of year tax outcomes.
The ATO expects these numbers to increase over time as veterans’
circumstances change.
How much will this cost the Budget?
•
The Government’s approach was expected originally to have a cost to the
underlying cash balance of $94.5 million over the forward estimates - as
estimated at the 2021-22 MYEFO by the previous Government.
•
In the 2021-22 MYEFO, the previous Government announced an approach
with the following impact on the underling cash balance:
Impact on UCB
($ millions)
2020-21
2021-22
2022-23
2023-24
2024-25
Australian Taxation
Office – Receipts
-
-15.0
-25.0
-10.0
-10.0
Related payments
($m)
Australian Taxation
Office
-
11.2
10.4
8.1
4.2
Department of the
Treasury
-
0.3
0.2
-
-
Page 7 of 9
Assistant Treasurer and Minister for Financial
Adviser
s 22
Office Responsible
Services - The Hon Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
03 November 2022
QB22-000233
SUPER - MILITARY INVALIDITY
MILITARY SUPERANNUATION INVALIDITY PENSIONS
Total - Payments
-
11.5
10.7
8.1
4.2
•
In the Pre-Election Fiscal and Economic Outlook, the previous government
amended that approach, resulting in the following changes to the UCB:
Impact on UCB
($ millions)
2021-22
2022-23
2023-24
2024-25
2025-26
ATO - receipts
15.0
-15.0
0.0
0.0
0.0
Total
15.0
-15.0
0.0
0.0
0.0
•
The Government has adopted the previous Government's approach as
amended. However, as a result of the passage of time the following receipt
estimates will now be reflected in the new Bill when it is introduced into
Parliament. The table also reflects the changes in related payments.
Impact on UCB
($ millions)
2022-23
2023-24
2024-25
2025-26
Total
Australian Taxation
Office – Receipts
-40.0
-10.0
-10.0
0.0
-60.0
Related payments
($m)
Australian Taxation
Office, Department
of Treasury
(departmental)
10.7
8.1
4.2
0.0
23.0
Department of
Social Services
(act of grace)
14.2
13.9
2.0
1.3
31.4
Total - Payments
24.9
22.0
6.2
1.3
54.4
•
The payments also now include the effect of the October 2022-23 Budget
measure that provided $31.4 million (including implementation costs) over the
forward estimates period (and $1.1 million per year on an ongoing basis) to
provide act of grace payments to address the retrospective impacts of the
Douglas decision for child support customers.
Why were some taxpayers worse off because of the Douglas decision?
•
The decision means the affected payments should be treated as
superannuation lump sums instead of superannuation income streams for tax
purposes.
Page 8 of 9
Assistant Treasurer and Minister for Financial
Adviser
s 22
Office Responsible
Services - The Hon Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
03 November 2022
QB22-000233
SUPER - MILITARY INVALIDITY
MILITARY SUPERANNUATION INVALIDITY PENSIONS
•
Relevant factors that determine the tax treatment of benefits include the
person’s age, the nature of the benefit (e.g., disability or otherwise), the
amount of the benefits, the tax components that make up the benefits and any
taxation offsets that might apply to those components.
–
For example, for over 60s with lower value non-disability benefits, the loss
of the 10% untaxed element income stream offset may result in a less
favourable tax outcome.
–
Other taxpayers may find they use up all their low-rate caps that apply to
lump sum benefits, and the taxation rates that apply thereafter are higher
than the average rate applied to an income stream.
Page 9 of 9
Assistant Treasurer and Minister for Financial
Adviser
s 22
Office Responsible
Services - The Hon Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement, Advice and Investment Division
Date of Update
03 November 2022
FOI 3289
Document 13
QB22-000247
SUPER - SG COMPLIANCE
Superannuation Guarantee Compliance
KEY MESSAGE
•
The Government is committed to ensuring all Australians retire with adequate
retirement savings, which is why we have no tolerance for employers who
shortchange their workers by not paying them their superannuation
entitlements. The Government has made commitments to include a right to
superannuation in the National Employment Standards and to set public
targets for the recovery of unpaid superannuation.
KEY FACTS AND FIGURES
•
In 2021-21, the Australian Taxation Office (ATO) checked the records of over
15,500 employers for unpaid superannuation, of which over 12,200 led to a
superannuation liability being raised.
•
In 2021-22, the ATO paid out $645.4 million in previously unpaid
superannuation to employees as a result of their enforcement and recovery
activities.
•
In 2019-20, the latest ATO estimates, the superannuation guarantee gap
before ATO compliance activities was 5.9 per cent of all superannuation
guarantee liabilities, or 4.9 per cent after compliance activities. The net gap of
4.9 per cent means that around $3.4 billion in superannuation guarantee
payments remained unpaid after ATO compliance activities.
Page 1 of 4
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
03 November 2022
QB22-000247
SUPER - SG COMPLIANCE
Superannuation Guarantee Compliance
BACKGROUND
Government commitments
Including the superannuation guarantee (SG) in the National Employment
Standards (NES)
•
The Government will legislate to include a right to the SG within the National
Employment Standards which will give Australian workers the power to pursue
their unpaid superannuation as a workplace entitlement.
–
Employees currently do not have legal standing to pursue underpayment
of superannuation unless it's specifically included in their employment
contract. This means they need to rely on the ATO to recover unpaid SG.
•
The inclusion of the SG in the National Employment Standards was
recommended by the Senate Inquiry into unlawful underpayment of
employees' (Recommendation 10).
–
The Inquiry report, ‘Systemic, sustained and shameful: unlawful
underpayment of employees' remuneration’, was released on 30 March
2022.
Setting public targets for the recovery of unpaid superannuation
•
The Government made a public commitment to set recovery targets for unpaid
SG for the ATO and is currently working with the Treasury and ATO to develop
these targets.
ATO recovery procedures
•
Individuals can lodge a SG employee notification to tell the ATO their employer
has not paid superannuation entitlements, paid late, or paid to the incorrect
fund.
–
When an employee lodges an unpaid superannuation notification with the
ATO they receive regular updates on the progress of their complaint
through a series of letters. The updates advise the employee on the
progress the ATO has made with the investigation of their complaint
and/or what steps are being taken to recover the unpaid superannuation
from their employer.
Page 2 of 4
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
03 November 2022
QB22-000247
SUPER - SG COMPLIANCE
Superannuation Guarantee Compliance
•
The ATO has legal responsibility and power to detect non-compliance and
enforce employers’ SG obligations. The ATO has the authority to:
–
Issue director penalty notices to recover SG from insolvent businesses
and security bonds for high-risk employers;
–
seek court-ordered penalties in the most egregious cases of non-payment,
including up to 12 months jail for employers who are repeatedly caught but
fail to pay SG liabilities; and
–
inform all affected employees about their actions to recover unpaid super
and display contribution information on MyGov.
•
The continued rollout of Single Touch Payroll (STP) is making it easier than
ever for employers to comply with their SG obligations. STP reduces the
regulatory burden on business and transforms compliance by aligning payroll
functions with regular reporting of taxation and superannuation obligations.
•
STP phase two requires employers to report on ordinary time earnings for all
employees, that is the employee income which attracts SG. STP phase 2 had
a mandatory start date for employers of 1 January 2022 and the ATO is
expected to have oversight of all employer reported ordinary time earnings
data relevant to SG payments from the 2022-23 year onwards.
Payment frequency of superannuation
•
While employers are required to pay employees’ wages at least on a monthly
basis, they are only required to pay their employees’ superannuation quarterly.
–
The majority of employers pay SG more frequently than quarterly. In
2020-21, 78 per cent of all superannuation guarantee amounts were paid
monthly, or more frequently (weekly or fortnightly).
Industry Super Australia estimates of unpaid superannuation
•
Industry Super Australia (ISA) estimate that unpaid super affects more than a
quarter of employees, costing each affected worker an average of $1,700 per
year. They claim that in 2018-19, a total of $5 billion in SG was not paid, and
that over each of the preceding six years, unpaid SG has totalled at least $4.5
billion per annum.
•
ISA’s estimates differ from the ATO’s as the former relies on a bottom-up
approach whereas the latter uses a top-down approach to calculate the SG
gap.
Page 3 of 4
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
03 November 2022
QB22-000247
SUPER - SG COMPLIANCE
Superannuation Guarantee Compliance
–
ISA use a bottom-up approach whereby they rely on a sample of tax data
(the ATO’s 2 per cent file) to estimate the SG gap and the number of
employees impacted.
–
The ATO uses a top-down approach to estimating the SG gap by
comparing actual SG contributions for a year with the theoretical required
SG contributions for that year.
Page 4 of 4
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible
Retirement Advice and Investment Division
Date of Update
03 November 2022
FOI 3289
Document 14
QB22-000252
ANNUAL MEMBERS’ MEETING NOTICES
Annual Members’ Meeting Notices
KEY MESSAGE
•
The Government is promoting meaningful transparency by ensuring
super fund members receive simple and clear information with the
Annual Members’ Meeting (AMM) notice.
KEY FACTS AND FIGURES
•
Superannuation funds are required to provide certain information with AMM
notices.
•
This disclosure is designed to assist members in preparing questions ahead of
the meeting.
•
The question and answer process in the meeting remains the primary method
for members to obtain relevant information.
•
On 2 September 2022, the Superannuation Industry (Supervision)
Amdendment (Annual Members’ Meetings Notices) Regulations 2022 (the
Regulations) were registered.
•
The Regulations amend the expenditure information provided with the AMM
notice to:
– remove itemised disclosure for certain expenditure but retain itemised
disclosure of political donations;
– remove double-counting where an amount could be classified as both
promotion expenditure and a political donation;
– reduce content restrictions on the one-page summary of aggregate
expenditure; and
– align the definition of ‘related party’ with the Australian Accounting
Standards.
•
The changes apply to meeting notices issued from 9 September 2022 for a
year of income ending on or after 30 June 2022.
Page 1 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible Retirement, Advice and Investment Division
Date of Update
01 November 2022
QB22-000252
ANNUAL MEMBERS’ MEETING NOTICES
Annual Members’ Meeting Notices
•
The Government’s approach ensures members are provided with summarised
information that better aligns with the purpose of the AMM notice disclosures
and addresses stakeholder feedback on practical implementation issues with
the previous requirements.
ADDITIONAL INFORMATION
•
Public consultation on draft regulations occurred from 15 July 2022 to 28 July
2022.
•
Treasury received 10 written submissions (see Background).
– Superannuation industry organisations were supportive of the proposed
changes which would reduce the original regulatory burden.
– Some stakeholders did not support the changes on the basis that they
would reduce transparency for members.
– Several stakeholders highlighted that there may be other instances of
double-counting expenditure (in addition to the double-counting of political
donations which the exposure draft sought to address).
•
In response, the Government has retained itemised disclosure of political
donations, and permitted the inclusion of contextual information with the one-
page summary of aggregate expenditure, to improve clarity for members.
Itemised Disclosure
•
The Regulations remove the requirement for itemised disclosure for the
following categories of expenditure:
– promotion, marketing and sponsorship expenditure;
– payments to industrial bodies; and
– ‘related party’ payments.
•
Funds wil continue to be required to disclose an itemised list of ‘political
donations’.
– There is no change to the definition of ‘political donations’.
Page 2 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible Retirement, Advice and Investment Division
Date of Update
01 November 2022
QB22-000252
ANNUAL MEMBERS’ MEETING NOTICES
Annual Members’ Meeting Notices
– ‘Political donations’ are defined by reference to ‘gift’ in Part XX of the
Commonwealth Electoral Act 1918 (the CEA). It captures gifts made to
political parties, significant third parties and associated entities as also
defined by the CEA.
•
There is stil the requirement to disclose aggregate political donations,
promotion expenditures, payments to industrial bodies, and ‘related party’
payments.
•
There is no change to disclosure of remuneration details.
•
This disclosure to members is separate to APRA’s regulatory oversight of
these matters.
Double-Counting
•
The Regulations include a technical clarification to ensure amounts that could
be classified as both ‘promotion, marketing or sponsorship’ expenditure, and
‘political donations’ are disclosed under the political donations category.
•
Restrictions on including contextual information to support the disclosure of
aggregate expenditure have been reduced. This wil improve the clarity of the
disclosure for members, particularly where expenditure is required to be
disclosed in multiple categories.
•
The different categories of expenditure disclosed with the AMM notices are not
intended to be an exhaustive or mutual y exclusive list of al fund expenditure.
Each category should be considered separately.
Definition of related party
•
The Regulations update the definition of ‘related party’ to align with the
definition in the Australian Accounting Standards.
– Many funds voluntarily publish their financial statements on their website.
This created a situation where two separate disclosures for payments to a
‘related party’, yield different values.
Page 3 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible Retirement, Advice and Investment Division
Date of Update
01 November 2022
QB22-000252
ANNUAL MEMBERS’ MEETING NOTICES
Annual Members’ Meeting Notices
•
The definition in the Australian Accounting Standards is also the basis for
reporting related party transactions in annual financial reports such as those
prepared by companies, registered schemes and disclosing entities as
required under the Corporations Act 2001.
•
The amendments are expected to reduce the regulatory burden on
superannuation funds as the revised definition of ‘related party’ is already used
for the purposes of financial reporting. Publication costs are also expected to
be lower.
Page 4 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible Retirement, Advice and Investment Division
Date of Update
01 November 2022
QB22-000252
ANNUAL MEMBERS’ MEETING NOTICES
Annual Members’ Meeting Notices
BACKGROUND •
AMMs are an opportunity for fund members to hear from the trustee’s board of
directors and executives and ask questions about important topics such as
fund performance and operations.
•
The requirement to hold an AMM was introduced by the
Treasury Laws
Amendment (Improving Accountability and Member Outcomes in
Superannuation Measures No. 1) Act 2019, which received Royal Assent on
5 April 2019.
•
The AMM notice disclosure requirements were significantly extended by the
Superannuation Industry (Supervision) Amendment (Your Future, Your Super
– Improving Accountability and Member Outcomes) Regulations 2021,
registered on 5 August 2021.
•
The next meeting notices for most superannuation funds are required to be
sent to members before 31 December 2022.
– There are approximately 10 funds who operate on an amended tax year
who may have issued meeting notices under the requirements prior to the
changes.
•
List of submissions received:
– Australian Institute of Superannuation Trustees
– Association of Superannuation Funds of Australia
– CPA Australia and Chartered Accountants Australia and New Zealand
– Financial Services Council
– Industry Super Australia
– Law Society of NSW
– Mills Oakley
– Senator Andrew Bragg
– The Hon Stuart Robert MP
– Super Consumers Australia
Page 5 of 5
Assistant Treasurer and Minister
Adviser
s 22
Office Responsible
for Financial Services - The Hon
Stephen Jones MP
Contact Officer
s 22
Contact Number
s 22
Division responsible Retirement, Advice and Investment Division
Date of Update
01 November 2022
FOI 3289
Document 15
QB22-000267
NOT APPLICABLE
Superannuation lending
KEY MESSAGE
• The superannuation wars have been won and now we need to win the peace.
• We see a larger role for superannuation in investing in nation building and
national priorities to grow the economy, create jobs and help more people — like
investments in cleaner, cheaper energy and new housing — while also delivering
in shareholders’ and members’ best financial interests.
– This is not about mandating investment that is not in fund members interests –
its about unlocking capital for profitable projects that can deliver value to fund
members.
• [Treasurer’s Investor Rountable] This will bring together super funds, banks,
venture capital and other institutions to discuss opportunities in areas including
energy, housing, government co-investment and impact investments.
– We are still working through the details of the roundtable but it is generating a
lot of interest.
• [Jobs Summit – immediate action] Widen the remit of the National Housing
Infrastructure Facility, making up to $575 million available to invest in social and
affordable housing. The funding can be used to partner with other tiers of
government and social housing providers, and to attract private capital including
from superannuation funds
• [Jobs Summit – further work] The Government will work with investors, including
superannuation funds to leverage greater private capital into national priority
areas, including housing and clean energy
KEY FACTS AND FIGURES
• The growth: the pool was $148b three decades ago, now it’s $3.4 trillion.
– By 2060 – Australian super pool will be two-and-half-times the size of the
Australian economy.
• The size of Australia’s superannuation assets is 30% bigger than Canada’s in
per cent of GDP terms.
– Top three in pension assets (only behind Iceland and Netherlands) despite
being the 13th biggest economy.
• More paid out each year in super than pensions, taking pressure of budgets.
Page 1 of 2
Treasurer - The Hon Jim
Adviser
s 22
Office Responsible
Chalmers MP
Contact Officer
Contact Number
Division responsible
Retirement Advice and Investment Division
Date of Update
01 September 2022
QB22-000267
NOT APPLICABLE
Superannuation lending
– Super is providing more than $80b a year in retirement incomes – we pay out
$60b in pensions.
• Infrastructure investment’s gone from 3.7 percent of super assets to 6.6 percent
in the last eight years, but housing’s only gone from 7.4 to 8.5 percent.
Page 2 of 2
Treasurer - The Hon Jim
Adviser
s 22
Office Responsible
Chalmers MP
Contact Officer
Contact Number
Division responsible
Retirement Advice and Investment Division
Date of Update
01 September 2022