Treasury Laws Amendment (Payday Superannuation) Act 2025 (57 of 2025)

Schedule 1   Amendments

Part 3   Application and transitional provisions

183   Application of amendments of other Acts

Application of the amendments

(1) The new law applies in relation to the following:

(a) a QE day that is 1 July 2026 or a later day;

(b) a liability to pay superannuation guarantee charge relating to a QE day that is 1 July 2026 or a later day;

(c) individual base superannuation guarantee shortfalls relating to a QE day that is 1 July 2026 or a later day;

(d) individual final superannuation guarantee shortfalls relating to a QE day that is 1 July 2026 or a later day.

Saving of the old law

(2) Despite the amendments made by this Schedule of the old law, the old law continues to apply on and after 1 July 2026 in relation to the following as if the amendments had not been made:

(a) a liability to pay superannuation guarantee charge relating to a quarter ending before 1 July 2026 (whether the liability arose before, on or after 1 July 2026);

(b) a related liability (whether the related liability arose before, on or after 1 July 2026);

(c) individual superannuation guarantee shortfalls relating to a quarter ending before 1 July 2026;

(d) contributions to reduce a charge percentage relating to a quarter ending before 1 July 2026;

(e) salary or wages relating to a quarter ending before 1 July 2026;

(f) an obligation to give a statement or information to the Commissioner under the Superannuation Guarantee (Administration) Act 1992 relating to a quarter ending before 1 July 2026;

(g) determining matters relevant to working out the SG minimum contribution (within the meaning of Part VIAA of the Superannuation Act 1976) for part of a period of employment that is before 1 July 2026.

Example: Under the old law, the notional productivity amount under subsection 128(8) of the Superannuation Act 1976 is worked out by reference to so much of a person's earnings as are relevant for establishing whether an employer incurred an individual superannuation guarantee shortfall in relation to the person. Paragraph (c) of this subitem means that, on or after 1 July 2026, the notional productivity amount will continue to be worked out in this way in relation to periods ending before that day.

Note: Assume regulations or other instruments can be made for a provision of the old law. If that provision of the old law continues to apply because of this item, then any regulations or instruments made for that provision will also continue to apply (and can continue to be made) for any of the matters in paragraphs (a) to (g).