Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I believe amendments have been circulated in my name and Senator Barbara Pocock's name. In respect of the Treasury Laws Amendment (Payday Superannuation) Bill 2025, I move:

(1) Schedule 1, item 11, page 7 (after line 28), insert:

(3A) The regulations must not (despite subsection (3)) prescribe any of the following:

(a) if the regulations are made for the purposes of subparagraph (3)(b)(i)—a part-time employee who is under 18;

(b) if the regulations are made for the purposes of subparagraph (3)(b)(ii)—work done by a part-time employee who is under 18;

(c) if the regulations are made for the purposes of subparagraph (3)(b)(iii)—earnings or remuneration of, or payments to, a part-time employee who is under 18.

Before we put that amendment to the vote—and, of course, other senators may wish to make contributions—I want to ask Senator Gallagher, if I might, whether she could provide advice to the Senate on why the provisions in the exposure draft of this legislation that related to regulating advertising of superannuation funds during employee onboarding were not reflected in the version of the bill that we currently have.

To assist the chamber, the second reading amendment that has just passed, moved by the Australian Greens, did relate to the regulation of advertising of superannuation funds during employee onboarding. I was very pleased that it passed with no dissent. I acknowledge and thank colleagues both in the opposition and the government for their concurrence with that motion. I think it's important that there is legislation introduced to regulate advertising of superannuation funds during employee onboarding and that that legislation be introduced in time to commence by 1 July next year.

Minister, can you explain why the government made the decision not to include those provisions in this bill? Was it a matter of needing more time to consult or to address the detail of those provisions? Our understanding from the consultation process on the exposure draft of this legislation is that most if not all stakeholders did support those decisions. If you're able to provide the Senate with any update or explanation, that would be appreciated.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

Yes, I can. As you pointed out, we just supported the second reading amendment. It is a commitment of the Labor government to do these reforms. Stapling and ad ban reforms will support the payday super reforms. However, they are important in their own regard as separate policies. These reforms are no longer part of this package, as you point out, and the government is intending to introduce the relevant legislation in a separate package in time for the payday super reforms to be enacted on 1 July. We're in the hands of the parliament, but they will be introduced with enough time for them to be in place by 1 July.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I thank the minister for that response. I'm very pleased that that remains the government's timetable. I think given we're going to move into the adjournment imminently—

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

We've got four minutes. Let's make every moment count.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I'm happy to move them, but I expect that there will be divisions. I'm not sure we can get you're bill through today, but these are the processes of the Senate. I'm very happy to move them. Although, I see Senator Scarr on his feet, and I'm very happy to cede the call. (Quorum formed.)

Progress reported.