Treasury Laws Amendment (Delivering an Efficient and Trusted Tax System) Act 2026 (58 of 2026)

Schedule 3   Minor and technical amendments

Part 2   SMSF Public Trustee director appointments

Superannuation Industry (Supervision) Act 1993

5   Subsections 17B(1) and (2)

Repeal the subsections, substitute:

(1) Paragraphs 17A(1)(f) and (2)(c) do not apply to remuneration for any duties or services performed by a trustee of a fund if:

(a) all of the following apply:

(i) the trustee performs the duties or services other than in the capacity of trustee;

(ii) the trustee is appropriately qualified, and holds all necessary licences, to perform the duties or services;

(iii) the trustee performs the duties or services in the ordinary course of a business, carried on by the trustee, of performing similar duties or services for the public;

(iv) the remuneration is no more favourable to the trustee than that which it is reasonable to expect would apply if the trustee were dealing with the relevant other party at arm's length in the same circumstances; or

(b) the trustee is performing the duties or services only in the circumstances described in paragraph 17A(3)(aa) or subsection 17A(3A).

(2) Paragraphs 17A(1)(g) and (2)(d) do not apply to remuneration for any duties or services performed by a director of a body corporate that is a trustee of a fund if:

(a) all of the following apply:

(i) the director performs the duties or services other than in the capacity of director and in connection with the body corporate's capacity of trustee;

(ii) the director is appropriately qualified, and holds all necessary licences, to perform the duties or services;

(iii) the director performs the duties or services in the ordinary course of a business, carried on by the director, of performing similar duties or services for the public;

(iv) the remuneration is no more favourable to the director than that which it is reasonable to expect would apply if the director were dealing with the relevant other party at arm's length in the same circumstances; or

(b) the director is performing the duties or services only in the circumstances described in paragraph 17A(3)(aa) or subsection 17A(3A).