Treasury Laws Amendment (Supporting Choice in Superannuation and Other Measures) Act 2026

(12 of 2026)

An Act to amend the law relating to taxation and superannuation, and for related purposes

[Assented to 26 March 2026]

The Parliament of Australia enacts:

1   Short title

This Act is the Treasury Laws Amendment (Supporting Choice in Superannuation and Other Measures) Act 2026.

2   Commencement

 

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

      

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1   Employee onboarding reforms

Superannuation Guarantee (Administration) Act 1992

1   After subsection 32C(1A)

Insert:

(1B) Subsection (1A) does not apply if, at the time the contribution is made:

(a) the employer is required under section 32N to give the employee a standard choice form; and

(b) the employer has not done this by the time specified in the subsection concerned.

However, this subsection ceases to apply from the time that the employer gives the standard choice form to the employee.

2   Subsection 32C(2A)

Repeal the subsection, substitute:

(2A) Subsection (2) does not apply if, at the time the contribution is made:

(a) the employer is required under section 32N to give the employee a standard choice form; and

(b) the employer has not done this by the time specified in the subsection concerned.

However, this subsection ceases to apply from the time that the employer gives the standard choice form to the employee.

3   After subsection 32R(1)

Insert:

(1A) Such a request may be made before, at or after the time the employee is given a standard choice form under Division 6.

4   Application of amendments

The amendments made by items 1 and 2 of this Schedule apply in relation to contributions made on or after the day this Schedule commences.

Schedule 2   Ban on advertising superannuation funds during onboarding

Corporations Act 2001

1   After section 992AA

Insert:

992AB Ban on advertising superannuation products during onboarding

General prohibition

(1) A person contravenes this subsection if:

(a) the person:

(i) advertises a superannuation product; or

(ii) makes a statement that directly or indirectly refers to a superannuation product; or

(iii) causes such an advertisement or statement; and

(b) the advertisement or statement occurs during the period:

(i) starting at the time an employee accepts an offer of employment with an employer; and

(ii) ending at the time the employer first complies with the choice of fund requirements set out in Part 3A of the Superannuation Guarantee (Administration) Act 1992 in relation to that employment of the employee; and

(c) the advertisement or statement:

(i) is targeted to the employee or to a class of employees that includes the employee; and

(ii) is not accessible to the public; and

(d) it would reasonably be expected that the advertisement or statement could induce the employee to choose the product.

Note: This subsection is a civil penalty provision (see section 1317E).

Exception - product is the employee's stapled fund

(2) Subsection (1) does not apply to the person if the superannuation product is the employee's stapled fund (within the meaning of the Superannuation Guarantee (Administration) Act 1992).

Exception - product is in the employer's default fund

(3) Subsection (1) does not apply to the person if the superannuation product is a beneficial interest in the fund specified:

(a) under section 32P of the Superannuation Guarantee (Administration) Act 1992 in the standard choice form provided by the employer to the employee; and

(b) as the fund to which the employer will contribute if the employee does not make a choice under Part 3A of that Act.

Exception - certain other MySuper products

(4) Subsection (1) does not apply to the person if:

(a) the advertisement or statement refers only to a MySuper product; and

(b) if there is at least one published determination:

(i) under subsection 60C(2) of the Superannuation Industry (Supervision) Act 1993; and

(ii) about whether the requirement in subsection 60D(1) of that Act has been met for the MySuper product in relation to a financial year;

the most recent such determination is that the requirement has been met; and

(c) the person is not a connected entity (within the meaning of that Act) of the RSE licensee (within the meaning of that Act) that is offering the MySuper product; and

(d) the advertisement or statement occurs after the time the employer, or the employer's agent, makes a request (the stapled fund request ) under subsection 32R(1) of the Superannuation Guarantee (Administration) Act 1992 in relation to the employee; and

(e) if, in response to the stapled fund request, the employer is notified under subsection 32R(2) of that Act that the Commissioner is satisfied that there is a stapled fund for the employee - the advertisement or statement occurs at or after the time the employer, or the employer's agent, notifies the employee:

(i) that the Commissioner is satisfied that there is a stapled fund for the employee; and

(ii) about the details that the employer was notified about in relation to the stapled fund request under subparagraph 32R(2)(b)(ii) of that Act; and

(f) the conditions (if any) prescribed by the regulations are met; and

(g) the advertisement or statement is accompanied by clear and unambiguous disclosures that satisfy the requirements prescribed by the regulations.

Exception - businesses distributing, or enabling the distribution of, content

(5) Subsection (1) does not apply to the person if:

(a) the advertisement or statement occurs in the ordinary course of a business of:

(i) distributing content (including advertising); or

(ii) enabling such distributions; and

(b) the person did not know and had no reason to suspect that the advertisement or statement would amount to a contravention of subsection (1).

2   In the appropriate position in subsection 1317E(3)

Insert:

Schedule 3   Income tax and withholding tax exemptions for the Rugby World Cups

Income Tax Assessment Act 1936

1   Subparagraph 128B(3)(a)(i)

Omit "or 9.5", substitute ", 9.5, 9.10 or 9.11".

2   After paragraph 128B(3)(aa)

Insert:

(ab) income derived by a non-resident that is exempt from income tax because of item 9.8, 9.9, 9.12 or 9.13 of the table in section 50-45 of the Income Tax Assessment Act 1997; or

3   Application provision

The amendments of the Income Tax Assessment Act 1936 made by this Schedule apply in relation to income derived by a non-resident on or after the day this Schedule commences.

Income Tax Assessment Act 1997

4   Section 11-5 (table item headed "sports, culture or recreation")

After:

insert:

5   Section 11-5 (at the end of the table item headed "sports, culture or recreation")

Add:

6   Section 50-45 (at the end of the table)

Add:

Schedule 4   Portuguese convention

Part 1   Main amendments

International Tax Agreements Act 1953

1   Subsection 3AAA(1)

Insert:

Portuguese convention means:

(a) the Convention between Australia and the Portuguese Republic for the elimination of double taxation with respect to taxes on income and the prevention of tax evasion and avoidance; and

(b) the protocol to that convention;

each done at Lisbon on 30 November 2023.

Note: The text of this convention and protocol could in 2026 be viewed on the Department's website (http://www.treasury.gov.au).

2   Subsection 5(1) (after table item dealing with Polish agreement)

Insert:

Part 2   Other amendments

International Tax Agreements Act 1953

3   Subsection 3(1) (note to the definition of agreement)

Omit "2023", substitute "2026".

4   Subsection 3AAA(1) (note to the definition of Icelandic convention)

Omit all the words after "protocol", substitute "is set out in Australian Treaty Series 2023 No. 10 ([2023] ATS 10)".

5   Subsection 3AAA(1) (note to the definition of Marshall Islands agreement)

Omit "2023", substitute "2026".

6   Subsection 3AAA(1) (note to the definition of Samoan agreement)

Omit "2023", substitute "2026".

Schedule 5   Deductible gift recipients specific listings

Income Tax Assessment Act 1997

1   Subsection 30-25(2) (table items 2.2.8 and 2.2.9, column headed "Fund, authority or institution")

Omit "the Life Education Centre", substitute "Life Education Australia".

2   Subsection 30-25(2) (table items 2.2.32, 2.2.40 and 2.2.54)

Repeal the items.

3   Subsection 30-45(2) (table item 4.2.4)

Repeal the item.

4   Subsection 30-45(2) (at the end of the table)

Add:

5   Subsection 30-55(2) (table item 6.2.10)

Repeal the item.

6   Section 30-65 (at the end of the table)

Add:

7   Subsection 30-80(2) (table item 9.2.5)

Repeal the item.

8   Section 30-90 (table item 10.2.7)

Repeal the item.

9   Section 30-95 (table item 11.2.13, column headed "Special conditions")

Omit "2025", substitute "2030".

10   Subsection 30-100(2) (table item 12.2.3)

Repeal the item.

11   Subsection 30-100(2) (cell at table item 12.2.5, column headed "Special conditions")

Repeal the cell, substitute:

12   Subsection 30-105(2) (cell at table item 13.2.24, column headed "Special conditions")

Repeal the cell, substitute:

13   Subsection 30-105(2) (table item 13.2.28, column headed "Special conditions")

Omit "2025", substitute "2030".

14   Subsection 30-105(2) (table item 13.2.36, column headed "Special conditions")

Omit "2027", substitute "2032".

15   Subsection 30-105(2) (at the end of the table)

Add:

16   Section 30-315 (table item 21AA)

Repeal the item.

17   Section 30-315 (table item 28AA)

Repeal the item.

18   Section 30-315 (table item 31B)

Repeal the item, substitute:

19   Section 30-315 (after table item 34AAB)

Insert:

20   Section 30-315 (after table item 48AB)

Insert:

21   Section 30-315 (table item 67)

Omit "Life Education Centre", substitute "Life Education Australia".

22   Section 30-315 (table item 76)

Repeal the item.

23   Section 30-315 (after table item 82A)

Insert:

24   Section 30-315 (table item 94AB)

Repeal the item.

25   Section 30-315 (table item 97AA)

Repeal the item.

26   Section 30-315 (after table item 111AB)

Insert:

27   Section 30-315 (table item 112C)

Repeal the item.

28   Application of amendments relating to Life Education Australia

The amendments of items 2.2.8 and 2.2.9 of the table in subsection 30-25(2) of the Income Tax Assessment Act 1997 made by this Schedule apply in relation to gifts or contributions made on or after 1 July 2010.

Schedule 6   Increased wine equalisation tax producer rebate

A New Tax System (Wine Equalisation Tax) Act 1999

1   Subsections 19-15(2) and (3) and 19-25(2)

Omit "$350,000", substitute "$400,000".

2   Application

The amendments made by this Schedule apply to assessabledealings made on or after1 July 2026.