17th Jun 2021, 11:58 AM – Senate Treasury Laws Amendment (Your Future, Your Super) Bill 2021 - in Committee - Keep items unchanged

The majority voted in favour of a motion to keep the following items unchanged (in parliamentary jargon, that they stand as printed): items 3, 5, 10, 14, 20, 22 and subsection 34(2B) in item 6 of schedule 3. This motion was put to vote after the Opposition proposed that those items should "be opposed." The items relate to the burden of proof, strict liability and other regulations.

Amendment text

SHEET 1308

(19) Schedule 3, item 6, page 30 (line 1), subsection 34(2B) to be opposed.

(20) Schedule 3, item 20, page 31 (line 26) to page 32 (line 18), to be opposed.

(21) Schedule 3, item 22, page 33 (lines 22 to 28), to be opposed.

SHEET 1324

(1) Schedule 3, item 3, page 29 (lines 8 to 10), to be opposed.

(2) Schedule 3, item 10, page 30 (lines 17 to 19), to be opposed.

(3) Schedule 3, item 14, page 31 (lines 7 to 9), to be opposed.

What is this bill's main idea?

According to the bill homepage, the bill was introduced to:

• provide that if a new employee has an existing 'stapled' superannuation fund and does not choose a fund to receive contributions, their employer is required to make contributions on behalf of the employee into the stapled fund; and ensure that employers are not in breach of various rules, or are not liable for superannuation guarantee charge, in certain circumstances;
• require the Australian Prudential Regulation Authority to conduct an annual performance test for MySuper products and other products to be specified in regulations;
• require trustees of registrable superannuation entities and self managed superannuation funds and directors of the corporate trustee of a registrable superannuation entity to perform their duties and exercise their powers in the best financial interests of the beneficiaries;
• reverse the evidential burden of proof for the best financial interests duty so that the onus is on the trustee of a registrable superannuation entity;
• allow regulations to be made to prohibit certain payments made by trustees of registrable superannuation entities and prescribe additional requirements on trustees and directors of trustee companies of registrable superannuation entities;
• allow contraventions of record-keeping obligations specified in regulations to be subject to a strict liability offence; and
• remove an exemption from disclosing information about certain investments under the portfolio holdings disclosure rules.