Daniel Mulino (Fraser, Australian Labor Party, Assistant Treasurer) Share this | Hansard source

The government opposes the proposed amendment. I'm advised by my department that the amendment would raise significant constitutional issues, as it seeks to introduce a new condition of release before retirement, allowing withdrawals for amounts exceeding the large-balance cap. Such a condition of release would be inconsistent with the constitutional support for the Commonwealth regulation of superannuation, as the condition of release would compel or authorise a trustee to provide benefits unconnected with purposes for superannuation regulation. Importantly, the proposed reforms will maintain concessional tax treatment of superannuation for all individuals but make the concessions more sustainable. These are sensible, important reforms that will mean super tax concessions are better targeted for large balances.

See this speech in context