In accordance with the resolution agreed to on 27 October 2026, the House will now consider the bill, as a whole, in detail. The question therefore is that the bill agreed to, and the question now is that the amendments circulated by the member for New England be agreed to

Member for New England's circulated amendment—

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 83 (after line 28), at the end of the bill, add:

Schedule 6 — Super Pay Boost

Part 1 — Main amendments

Taxation Administration Act 1953

1 After Division 131 in Schedule 1

Insert:

Division 132 — Super Pay Boost

132-1 Making and changing a Super Pay Boost election

(1) An individual may make a Super Pay Boost election by giving an election in the approved form to a participating provider.

(2) The election is valid if:

(a) the individual is housing eligible; and

(b) the individual has had fewer than 36 participation months; and

(c) the individual does not already have a Super Pay Boost election in force; and

(d) the election includes:

(i) a declaration that the individual is housing eligible; and

(ii) details of an account with an ADI, held by the individual alone or jointly, to which payments are to be made; and

(iii) any evidence required by the Super Pay Boost rules.

(3) A valid election takes effect by force of this section. Neither the provider nor the Commissioner has a discretion to accept or approve it. A participating provider must not refuse to receive or give effect to it.

(4) The election is in force when it is given and becomes active on the first day of the next calendar month, or a later calendar month specified in the election. The individual may suspend, resume or cancel the election, or vary the nominated account, by giving notice in the approved form to a participating provider. The rules may prescribe when a notice takes effect.

(5) If the individual ceases to be housing eligible, the election is suspended and the individual must notify a participating provider within 14 days. It may resume only after the individual becomes housing eligible again and gives a resumption notice.

(6) The election ceases to be in force at the earliest of:

(a) a cancellation taking effect; or

(b) the end of the individual's 36th participation month; or

(c) the death of the individual.

(7) A suspension, or a change of employment or participating provider, does not reset the number of participation months.

132-5 Housing eligibility

(1) An individual is housing eligible at a time if:

(a) the individual is an Australian resident; and

(b) the individual occupies a dwelling in Australia as the individual's principal place of residence; and

(c) any of the following applies:

(i) the individual is liable, alone or jointly, to pay rent for the dwelling under a genuine residential tenancy or occupancy agreement; or

(ii) the individual is liable, alone or jointly, to pay principal or interest under a loan secured by a mortgage over the dwelling or the land on which it is situated; or

(iii) the individual's spouse meets subparagraph (i) or (ii), both ordinarily live in the dwelling and the individual regularly contributes to the rent or loan payments.

(2) For subparagraph (1)(c)(iii), it does not matter whether the individual is named in the agreement, loan, mortgage or title.

132-10 Register and notices

(1) A participating provider that receives an election or notice under section 132-1 must give it electronically to the Commissioner by the end of the next business day.

(2) The Commissioner must maintain an authoritative electronic Super Pay Boost register recording each election, its status, its participation months and the nominated account.

(3) The Commissioner must record an election as soon as practicable after automatic identity, duplicate-election and 36-month checks. Recording the election is not an approval or determination.

(4) The Commissioner must, as soon as practicable, give an authenticated electronic notice of the election and each change to every participating provider that the Commissioner has reason to believe holds a superannuation interest for the individual. This also applies if the provider is identified after the election ceases to be in force.

(5) The election applies to the provider that received it from the day it becomes active, and to another provider when the Commissioner makes the notice available. It also applies to qualifying employer contributions already held by that provider.

(6) If an employer contribution is not otherwise identified to a participating provider as attributable to an employer's superannuation guarantee obligation, the Commissioner must, by automated electronic notice, identify so much of the contribution and the relevant pay period as existing information allows.

(7) The Commissioner may correct the register to give effect to this Division and must notify the individual and affected providers. An individual dissatisfied with a correction may object under Part IVC.

(8) If a participating provider acts reasonably in reliance on an election it received, the latest authenticated notice made available by the Commissioner, or information used to identify a qualifying employer contribution:

(a) the provider is not liable for a failure caused solely by that material being incorrect or out of date; and

(b) a payment is taken, for the purposes of this Division and the Superannuation Industry (Supervision) Act 1993 and regulations under that Act, to have been required by section 132-15 to the extent that it does not exceed the amount that would have been required if that material had been correct.

(9) The Commissioner and a participating provider may collect, record, use and disclose the individual's tax file number to the extent reasonably necessary to administer this Division.

132-15 Payment by participating provider

(1) For each payment month in which a participating provider has one or more qualifying employer contributions for an individual to whom a Super Pay Boost election has applied, the provider must pay the individual the monthly Super Pay Boost amount.

(2) The provider must make the payment as soon as practicable and no later than 10 business days after the end of the payment month. An amount remains payable if the election is later suspended or ceases to be in force, unless the individual dies before payment. The rules may prescribe circumstances in which the time limit does not run because payment is legally or practically prevented.

(3) The payment month for a qualifying employer contribution is the latest of the calendar months in which:

(a) the contribution is received; and

(b) the contribution is allocated; and

(c) the election first applies to the provider; and

(d) the contribution is identified as a qualifying employer contribution.

(4) The monthly Super Pay Boost amount is 85% of one-quarter of the total qualifying employer contributions for which that calendar month is the payment month, rounded once to the nearest cent.

(5) The provider must pay the amount to the nominated account without requiring any further application or approval from the individual, the Commissioner or any other person.

(6) Before making the payment, the provider must allocate the full qualifying employer contribution to the individual's superannuation interest. The payment is attributable only to the corresponding qualifying employer contributions and must not reduce any other benefit of the individual.

(7) An amount not paid by the time required by this section is a debt due by the provider to the individual. The provider must not charge the individual a fee for an election, notice or payment. A fee charged in contravention of this subsection is a debt due by the provider to the individual.

(8) An overpayment may be set off only against a later Super Pay Boost payment and must not be debited against another benefit. If it resulted from a materially false or misleading statement that the individual knew, or was reckless as to whether, was false or misleading, it is a debt due by the individual to the provider.

132-20 Effect on contributions, employers and funds

(1) A Super Pay Boost payment does not reduce or alter the amount or character of the corresponding qualifying employer contribution, affect whether or when the contribution was made, received or allocated, or constitute a refund, return, reversal or reduction of the contribution.

(2) The full qualifying employer contribution remains included in the assessable income of the fund and the individual's concessional contributions. An election or payment does not reduce, vary or discharge an employer's obligation or liability under the Superannuation Guarantee (Administration) Act 1992, an industrial instrument, a contract of employment or any other law.

(3) Nothing in this Division requires an employer to be notified of an election, calculate or pay a Super Pay Boost amount, split a contribution, change payroll or provide information additional to information otherwise required under a law of the Commonwealth.

(4) Section 307-125 of the Income Tax Assessment Act 1997 does not apply to a Super Pay Boost payment. The payment is taken to consist wholly of the element taxed in the fund of the taxable component of the superannuation interest from which it is paid.

(5) A provision of the governing rules of a fund has no effect to the extent that it would prevent compliance with this Division. The trustee has all powers necessary to comply. A payment made in compliance with this Division does not contravene section 62 of the Superannuation Industry (Supervision) Act 1993 or constitute a breach of trust or of a covenant, duty or obligation.

132-25 Super Pay Boost rules

(1) The Minister may, by legislative instrument, make rules (the Super Pay Boost rules) prescribing matters required or permitted by this Division to be prescribed, or necessary or convenient for carrying out or giving effect to this Division.

(2) The rules may deal with evidence and verification; the register, notices, reporting and records; identifying qualifying employer contributions from existing information and data standards; payment cut-offs, outages, failed payments, corrections, reversals, recovery and set-off; and rollovers, transfers and death.

(3) The rules must not change the amount in subsection 132-15(4), extend the limit of 36 participation months, alter housing eligibility, make an election or payment subject to discretionary approval, impose an obligation on an employer or permit another superannuation benefit to be debited for an overpayment.

132-30 Definitions

In this Division:

participating provider, in relation to an individual, means a superannuation provider that is the trustee of a complying superannuation fund that is a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993, and holds a superannuation interest for the individual that is not a defined benefit interest.

participation month means a calendar month during which a Super Pay Boost election is active for the individual for at least one day. A calendar month is counted only once.

qualifying employer contribution, for an individual, means so much of a contribution made by an employer for the individual as:

(a) is identified to the participating provider, from information given under a superannuation data and payment standard, a notice under subsection 132-10(6), or records prescribed by the Super Pay Boost rules, as attributable to the employer's superannuation guarantee obligation; and

(b) is received by the provider and allocated to a superannuation interest for the individual that is not a defined benefit interest; and

(c) relates to a pay period ending on a day on which the individual's election was active; and

(d) has not been reversed before being included in a payment.

Super Pay Boost election means an election under section 132-1.

Super Pay Boost payment means a payment required by section 132-15.

132-35 Compensation for acquisition of property

(1) If the operation of this Division would result in an acquisition of property, within the meaning of paragraph 51(xxxi) of the Constitution, from an entity otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the entity.

(2) If the Commonwealth and the entity do not agree on the amount, the entity may institute proceedings in the Federal Court of Australia, or the Supreme Court of a State or Territory, for the recovery of such reasonable amount as the court determines.

Income Tax Assessment Act 1997

2 At the end of the table in Subdivision 303-B

Insert:

303-25 Super Pay Boost payments

3 At the end of Subdivision 303-B

Add:

303-25 Super Pay Boost payments

(1) A superannuation member benefit that is a superannuation lump sum is not assessable income and is not exempt income to the extent that it is paid under section 132-15 in Schedule 1 to the Taxation Administration Act 1953.

(2) Despite sections 304-5 and 304-10, subsection (1) also applies to a payment covered by subsection 132-10(8) in that Schedule if the individual acted in good faith, but only to the extent that the payment does not exceed the amount that would have been required if the material relied on had been correct.

Superannuation Industry (Supervision) Regulations 1994

4 Paragraph 6.01B(3)(b)

After "107A", insert ", 107B".

5 After regulation 6.17D

Insert:

6.17E Super Pay Boost payments

(1) For the purposes of subsection 31(1) of the Act, the standard set out in subregulation (2) is applicable to the operation of regulated superannuation funds.

(2) The trustee of a regulated superannuation fund must comply with Division 132 in Schedule 1 to the Taxation Administration Act 1953 so far as that Division applies to the trustee.

Note: See item 107B of Schedule 1.

6 After item 107A in Schedule 1 (table)

Insert:

Part 2 — Application provision

7 Application

The amendments made by this Schedule apply in relation to:

(a) Super Pay Boost elections made on or after the commencement of this Schedule; and

(b) qualifying employer contributions for pay periods ending on or after that commencement.