Chapter 1Introduction

Referral of the inquiry

1.1The bill was introduced in the House of Representatives and read a first time on 13 September 2023.

1.2On 19 October 2023, the Senate referred the provisions of the Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill 2023 (the bill) to the Senate Economics Legislation Committee (the committee) for inquiry and report by 23 November 2023.

1.3On 13 November 2023, the Senate granted an extension of time to report to until 24 November 2023.

Purpose of the bill

1.4The bill proposes to make amendments to several Acts to implement a broad range of measures relating to small businesses, charities and clarifying matters relating to superannuation and insurance. There are eight schedules to the bill.

1.5In the second reading speech of the bill, the Hon Mr Stephen Jones MP, AssistantTreasurer and Minister for Financial Services, said:

The Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill 2023 delivers measures announced in the 2023-24 budget to ease pressure and boost resilience for small businesses, also reducing compliance costs, and encouraging philanthropic giving. The bill also extends the existing Global Infrastructure Hub income tax exemption and clarifies certain arrangements relating to superannuation and insurance.[1]

Provisions of the bill

1.6The bill contains eight schedules which proposes to amend various pieces of legislation. They are discussed in detail below.

Schedule 1 – $20000 instant asset write-off for small business entities

1.7Schedule 1 of the bill proposes to amend the Income Tax (Transitional Provisions) Act 1997 (the IT(TP) Act) to increase the instant asset write-off threshold from $1000 to $20000.

1.8Under Division 328 of the Income Tax Assessment Act 1997 (the ITAA 1997), small businesses are able to claim a variety of income tax concessions including the simplified depreciation rules. A small business is defined as one that carries on a business and has an aggregated income of less than $10 million.[2]

1.9The increase of the instant asset write-off would apply for the period of 1July2023 to 30 June 2024.[3]

Schedule 2 – Small business energy incentive

1.10Schedule 2 also seeks to amend the IT(TP) Act. These amendments will introduce a temporary bonus tax deduction to small and medium enterprises (those with an aggregated annual turnover of less than $50 million) for expenses incurred in relation to electrifying these businesses or making them more energy efficient.[4]

1.11These amendments will allow up to a 20 per cent tax deduction for the cost of eligible assets or improvements to existing assets up to $100000. The maximum bonus deduction which can be claimed is $20000.[5]

1.12To be eligible for this bonus deduction, the depreciating asset must be first installed or used, or the improvement cost incurred, between 1 July 2023 and 30June 2024 and the expenditure must be eligible for a deduction under another provision of the tax law.[6]

1.13In order for the depreciating asset to be to be eligible for the bonus deduction, the asset must:

use electricity and:

• there is a new comparable asset on the market that uses a fossil fuel; or
• is more energy efficient than the replaced asset; or
• if it is not a replacement asset, it is more energy efficient than a new comparable asset available on the market; or

be an energy storage, time-shifting or monitoring asset, or an asset which improves the energy efficiency of another asset.[7]

1.14Improvements to existing depreciating assets may also be eligible for the bonus deduction if they:

enable an asset to use electricity, or energy from a renewable resource, instead of fossil fuel;

enable the asset to be more energy efficient, provided the asset only uses electricity or energy from another renewable source; or

facilitates the storage, time-shifting or usage monitoring of electricity or energy from a renewable source.[8]

1.15Some types of assets and expenditure are ineligible for the bonus deduction, in particular electric or hybrid motor vehicles and assets which have the sole or predominant purpose of generating electricity (such as solar panels). The EM states that this is due to there being other incentives available for the purchase of these kinds of assets.[9]

1.16Small businesses with an aggregated annual turnover of less than $10 million may be eligible to claim both the instant asset write-off described in Schedule 1 and the bonus deduction outlined in Schedule 2.[10]

Consultation

1.17Treasury undertook a public consultation process for the proposed small business energy incentive through the publication of exposure draft legislation and explanatory materials. This process received 11 submissions from stakeholders.[11]

1.18Stakeholders were largely supportive of the incentive proposed in the legislation but raised concerned around clarity and certainty of eligible assets,[12] and the length of the incentive period.[13] Many of these issues were repeated in submissions to the inquiry and are considered in more detail in Chapter 2 of this report.

Schedule 3 – New class of deductible gift recipients

1.19This schedule proposes to amend sections of the ITAA 1997 and the TaxationAdministration Act 1953 (TAA) to create a new class of community charities which may apply for Deductible Gift Recipient (DGR) endorsement by the Commissioner for Taxation.[14]

1.20Current tax law allows for taxpayers to claim income tax deductions for donations of $2 or more to DGRs. To be a DGR, an organisation must either be listed by name in Division 30 of the ITAA 1997 or fall within one of the general categories of DGR set out in that division. These provisions encourage public financial support for organisations that have DGR status.

1.21This new class of charities consists of community charity trusts and community charity corporations that are affiliated with the peak body CommunityFoundations Australia. The changes in Schedule 3 do not confer DGR status automatically, the entity must apply to the CommissionerofTaxation for endorsement of this status.[15]

1.22In order to be listed as a DGR, the community charities must meet certain conditions, such as having the relevant entity purpose, being registered under the Australian Charities and Not-for-profits Commission Act 2012, being in compliance with community charity guidelines and having financial obligations set out in the entity’s governing rules.[16]

1.23Schedule 3 would also amend the TAA to create an obligation on the Minister to create guidelines for community charity trusts and community charity corporations in delegated legislation as well as empowering them to make declarations of community charity trusts by name. Sections of the TAA would also be amended to, among other things, impose a civil liability for community charity organisations that misrepresent their endorsement status.[17] These provisions are discussed in more detail below under Legislative Scrutiny.

Consultation

1.24A consultation process on Schedule 3 was undertaken by Treasury on the exposure draft legislation and accompanying explanatory material from 28June2023 to 16 July 2023. It received 21 submissions, including one confidential submission.[18]

1.25Many of the submissions to the consultation process made similar arguments, in particular requesting that the future legislation allow for community charity funds to sit within a broader charitable trust, concerns around the ability of DGRs to make grants to non-DGR entities and the interpretation of the principal purpose of a DGR.[19]

Schedule 4 – Deductable gift recipients – specific listings

1.26Schedule 4 would amend the ITAA 1997 to list two new organisations as DGRs under the income tax law and extend the listing of two other listings.[20]

1.27The proposed organisations for new listings are:

Justice Reform Initiative Ltd, a charity which seeks to divert people from disadvantaged backgrounds from the criminal justice system and address the impacts of incarceration;[21] and

Transparency International Australia, the Australian chapter of Transparency International which seeks to overcome corruption by working collaboratively with business, government agencies and community groups.[22]

1.28The two organisations whose listings would be extended are:

the Victorian Pride Centre Ltd, a charity that supports the LGBTIQ+ community and provides spaces for various LGBTIQ+ focused organisations;[23] and

the Australian Sports Foundation Charitable Fund, a charity that raises funds to support charitable causes through sport, particularly within marginalised and disadvantaged groups in Australia.[24]

1.29For more information about when these amendments apply to gifts to these organisations, please see Commencement below.

Schedule 5 – Exemption for Global Infrastructure Hub Ltd

1.30Schedule 5 would amend the ITAA 1997 to continue the income tax exemption for the Global Infrastructure Hub Ltd (the GI Hub) on its ordinary and statutory income.

1.31The GI Hub was established at the 2014 Brisbane Summit by G20 Leaders to advance international efforts to increase infrastructure investment. Its initial mandate was until December 2018 which was extended until December 2022. This was further extended in October 2021 to 2024.[25]

1.32The GI Hub is funded by G20 member nations, including the AustralianGovernment. As such, this organisation was granted tax-exempt status under Division 50 of the ITAA 1997. This current exemption expired on 30 June 2023. The amendments in this bill will continue the GI Hub’s tax-exempt status until 30 June 2024.[26]

Schedule 6 – Income tax amendments for updates to accounting standards for general insurance contracts

1.33Schedule 6 would make amendments to the ITAA 1997 in order to align the current tax law as it relates to general insurance contracts to the AustralianAccounting Standards Board Accounting Standard 17 Insurance Contracts (AASB 17).[27]

1.34Division 321 of the ITAA 1997 sets out the requirements for calculating insurance liabilities for tax purposes that arise from general insurance policies. Prior to 1 January 2023, Division 321 aligned broadly with the previous AASB, AASB 1023. After this date, AASB 17 came into effect necessitating changes to the ITAA 1997 to bring the legislation into line with the new standard.[28]

1.35The amendments in this schedule seek to minimise the regulatory burden on general insurers after the introduction of AASB 17 and will allow them to continue using audited financial reporting information for tax returns.[29]

1.36The changes to the ITAA 1997 are in subdivisions 321–A and 321–B. Amendments in subdivision 321–A remove the two-step method used to calculate outstanding claims liability and allows general insurers to compare the value of adjusted liability for incurred claims at the end of an income year with the value at the end of the previous year to determine if the adjusted liability should be treated as income or a deduction.[30]

1.37Amendments in subdivision 321–B make the following changes:

removes the five-step method to calculate unearned premium reserve and aligns the measurement of remaining coverage liability to the AASB 17;[31]

makes the assessable income of a general insurance company include the premiums received during an income year;[32] and

‘[compares] the value of adjusted liability for remaining coverage at the end of an income year with the value at the end of the previous income year to determine if the change in the adjusted liability for remaining coverage should be treated as assessable income or as a deduction.’[33]

Schedule 7 – Non-arm’s length expenses of superannuation funds

1.38Schedule 7 would amend changes to the ITAA 1997 that were introduced through the Treasury Laws Amendment (2018 Superannuation Measures No. 1) Act 2019. These changes related to rules for non-arm’s length expenses for superannuation entities.[34]

1.39Schedule 7 would apply to self-managed superannuation funds (SMSFs) and small Australian Prudential Regulation Authority (APRA)-regulated funds. The bill changes existing legislation to exempt large APRA-regulated funds, including exempt public sector superannuation funds, pooled superannuation trusts and approved deposit funds from non-arm’s length expense rules.[35]

1.40For SMSFs and small APRA funds, any non-arm’s length expense is either a specific expense or a general expense. In order to determine which types of expense a particular expense is, it is necessary to determine whether the expense was incurred in relation to a specific asset of the fund. If the expense is incurred in relation to a particular asset or assets of a fund, it will be a specific expense. Examples include, but are not limited to:

maintenance expenses for a rental property owned by the fund; or

investment advice for a particular pool of investments in the fund.[36]

1.41General expenses, on the other hand, are expenses incurred relating to the operation or obligations of the fund as a whole. These include maintenance and administration fees of the fund (such as accounting and legal expenses), audit fees, or ongoing investment expenses for the whole fund.[37]

1.42The proposed amendments in the bill make changes to the tax treatment of general expenses that are conducted not at arm’s length. The tax treatment for specific expenses would not be changed by the bill and remains the same as the changes implemented by Treasury Laws Amendment (2018 Superannuation Measures No. 1) Act 2019.[38]

1.43The bill proposes that for general expenses:

…the amount of income that is taxed as non-arm’s length income is twice the difference between the amount of the expense that might have been expected to be incurred had the parties been dealing at arm’s length, and the amount the entity did incur.[39]

1.44Where the entity did not incur any expense due to a non-arm’s length transaction (i.e. an accountant performs a tax return for the fund for free when in a non-arm’s length transaction it would cost $1000), the amount taxed is twice the amount that would have been incurred had the parties been dealing at arm’s length.[40]

1.45The non-arm’s length component of a SMSF or a small APRA-regulated fund is capped at the entity’s taxable income for a particular year (not including any assessable contributions or deductions against those contributions).[41]

1.46The changes proposed in the bill apply to income from the income year 2018–19 but not to expenses incurred or expected to be incurred prior to 1 July 2018.[42]

Consultation

1.47The proposed amendments in Schedule 7 arose due to superannuation industry stakeholders raising concerns about the provisions introduced by TreasuryLawsAmendment (2018 Superannuation Measures No. 1) Act 2019.[43]

1.48Treasury sought feedback in relation to Schedule 7 through a public consultation process on the exposure draft legislation and associated explanatory material between June and July 2023. This consultation received nine submissions, including two confidential submissions.[44]

1.49Treasury also undertook a previous consultation process, made up of a publicly available consultation paper from January to February 2023. The number of submissions has not been disclosed.[45]

1.50Several of the stakeholders who took part in this consultation also submitted to the inquiry. The concerns raised in the Treasury consultation were mirrored in stakeholders’ submissions to the inquiry. Please see Chapter 2 of this report for discussion of the concerns raised by these submitters.

Schedule 8 – AFCA scheme

1.51This schedule amends the Corporations Act 2001 (the Corporations Act) to reinstate the Australian Financial Complaints Authority’s (AFCA’s) jurisdiction to hear complaints relating to superannuation.[46]

1.52The AFCA Scheme (largely governed by the AFCA Rules) is established by Part7.10A of the Corporations Act and is designed to resolve disputes from consumers about products provided by financial firms, including superannuation trustees. AFCA’s role relating to superannuation trustees mirrors the former powers of the Superannuation Complaints Tribunal.[47]

1.53In October 2022, the Full Federal Court handed down the decision of MetlifeInsurance Limited v Australian Financial Complaints Authority Limited (TheMetlife Decision).[48] This decision stated that a complaint relating to superannuation could only be brought before AFCA if it fell within one of the categories set out in the relevant section of the Corporations Act, being subsection 1053(1).[49]

1.54This led to AFCA being unable to consider certain complaints about insurance policies held within superannuation. According to the EM, this goes against the original policy intent of the legislation, which was ‘not intended to limit the complaints that may be brought under the AFCA scheme.’[50]

Consultation

1.55Between May and June 2023, Treasury undertook consultation in relation to Schedule 8 through a public consultation process. This process received five public submissions and three confidential submissions.[51]

1.56Broadly, these submissions raised concerns about the retrospectivity of the proposed changes to legislation, a need to ensure that any changes in legislation could not be used to avoid time limits imposed on superannuation insurance claims,[52] and the need for any future legislation to clarify that AFCA treat all superannuation complaints as complaints under the Corporations Act section1053.[53]

Commencement

1.57Commencement of the bill, as well as application of the provisions, differs for each schedule:

Source: EM, pp. 1-8.

Financial impact

1.58The estimated financial impacts of Schedules 1 – 4 for the forward estimates periods is set out in the table below (all figures represent amounts in millions):

Source: EM, pp. 1-5.

1.59According to the EM Schedules 5 and 8 of the bill will have a nil impact on receipts.[54] Schedules 6 and 7 will have an unquantifiable impact on the receipts for the five years (for Schedule 6) and four years (for Schedule 7) from the 2023–24 Budget.[55]

Legislative scrutiny

1.60In its Scrutiny Digest 12 of 2023, the Senate Standing Committee on the Scrutinyof Bills (the Scrutiny Committee) raised concerns about Schedule 3.[56]

Significant matters in delegated legislation – Reversal of the evidential burden of proof

1.61The Scrutiny Committee raised concerns about items of Schedule 3 which would require the Minister to formulate guidelines for both community charity trust funds and community charity corporations via legislative instrument.[57]

1.62Item 11 of Schedule 3 (proposed section 426-118 of the TAA) would require the Minister to formulate community charity trust guidelines by legislative instrument. This instrument would also set out the administrative penalties for offences. These provisions are mirrored in item 34 of Schedule 3 for community charity corporations (proposed subsection 426-185 of the TAA).

1.63Under existing subsection 426-120(1) of the TAA, it is an offence for trustees of an ancillary fund to hold themselves out as endorsed or entitled to be endorsed as a DGR. The amendments proposed in Schedule 3 of the bill would extend this offence to community charity trust funds and to community charity corporations and the directors of these corporations.[58] As mentioned above, the penalty for these offences would be included in the community charity trust guidelines and the community charity corporations guidelines.

1.64In relation to community charity corporations, proposed subsection 426-195(4) of the TAA creates a defence for directors of these corporations. Subsection 426-195(6) reverses the burden of proof for this defence.

1.65The Scrutiny Committee raised concerns about both the use of delegated legislation to create the community charity trust guidelines and the community charity corporation guidelines:

These items represent a significant delegation of legislative power in that they allow regulations (which are not subject to the same level of parliamentary scrutiny as primary legislation) to impose penalties. The committee's view is that significant matters, such as the imposition of penalties, should be included in primary legislation unless a sound justification for the use of delegated legislation is provided. In this instance the bill provides for the imposition of civil penalties in delegated legislation, without the provision of guidance or factors to be considered when determining these amounts. The committee's preference is that guidance, factors to be considered, or a cap on the penalty amounts be included on the face of the bill, to constrain the scope of legislative power that is being delegated.[59]

1.66The Scrutiny Committee went on to say that the presence of an offence-specific defence with a reversed burden of proof where penalties were to be prescribed in delegated legislation was particularly concerning, though it noted that the offence being civil, rather than criminal, mitigated some of these concerns.[60]

1.67The EM explained that one reason for including penalty amounts in delegated legislation is to allow for the penalties to be more easily updated, also saying:

It is appropriate for the guidelines to set out the penalty amounts, as it allows for them to be customised to the nature and size of the breach, as well as taking account of the trustee or director’s level of culpability. This level of specificity is not present in, or appropriate for, the primary legislation, which sets out an overarching narrative in the context of which detailed obligations would be out of place and difficult to comprehend.[61]

1.68The EM also made the point that it was appropriate to place the burden of proof on a director for the penalties contained in proposed subsection 426-195(4) ‘because knowledge of whether or not they were aware of the breach is peculiarly within their possession and would not be relatively easy to establish’.[62]

1.69Despite this, the Scrutiny Committee requested the Minister’s advice as to:

the anticipated penalty amounts which will be set out in the delegated legislation in relation to these provisions; and

further guidance as to how the proposed penalties will be formulated, such as caps on the amounts that can be set out in delegated legislation, whether the bill can be amended to include guidance and any other factors to be considered.[63]

1.70In Scrutiny Digest 14 of 2023, the Scrutiny Committee reported that the Assistant Minister for Competition, Charities and Treasury, the Hon. Dr Andrew Leigh MP, had responded to their request for advice. The Minister advised that the penalty framework in the proposed delegated legislation would be closely modelled on the ancillary funds guidelines (relevant penalties being between 10 and 30 penalty units). These guidelines are based on the Attorney-General Department’s Guide to Framing Commonwealth Offenses and would be consistent with administrative penalties in similar schemes. The decision to impose a penalty would also be reviewable by the Administrative Appeals Tribunal.[64]

1.71The Scrutiny Committee thanked the Assistant Minister for this information and made no further comment on the matter.[65]

Human rights implications

1.72The Statement of Compatibility with Human Rights contained within the EM argues that the bill is compatible with human rights and freedoms recognised in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.[66]

1.73The EM states that Schedules 1, 2, 4, 5, 6 and 7 do not engage any applicable rights or freedoms.[67]

1.74The EM notes that Schedule 3 may engage the right to fair trial or the presumption of innocence under articles 14 and 15 of the International Convention of Civil and Political Rights (ICCPR) by extending existing offence provisions in the TAA to the new DGRs created by the schedule. However, no modifications to the offences in the TAA have been made and the offence provisions are proportionate to the wrongs in question.[68]As such, the EM states that Schedule3 of the bill is compatible with human rights.[69]

1.75As discussed above, Schedule 8 allows individuals to bring complaints relating to superannuation to AFCA. The EM states this schedule promotes the right to a fair hearing (as provided in article 14(1) of the ICCPR) and is compatible with human rights and freedoms.[70]

1.76The Parliamentary Joint Committee on Human Rights reported that the bill did not raise any human rights concerns.[71]

Regulatory impact

1.77The EM offered no discussion about a Regulatory Impact Statement for each of the Schedules within the bill.

Conduct of the inquiry

1.78The committee advertised the inquiry on its webpage and wrote to relevant stakeholders and interested parties inviting written submissions by 27October2023.

1.79The committee received 13 submissions as well as answers to questions on notice, which are listed in Appendix 1.

1.80The committee held one public hearing for the inquiry at Canberra on Monday, 13November 2023. The names of witnesses who appeared at the hearing can be found at Appendix 2.

Acknowledgements

1.81The committee thanks all individuals and organisation who assisted with the inquiry, especially those who made written submissions and participated in the public hearing.

Notes on references

1.82In this report, references to the Committee Hansard are to the Proof Hansard and page numbers may vary between Proof and Official Hansard transcripts.

Structure of report

1.83Chapter 1 provides an overview of the bill and the conduct of the inquiry.

1.84Chapter 2 provides views on the bill from stakeholders taken from submissions, evidence given at the public hearing on 13 November 2023 and additional material provided, as well as providing the committee’s view on the evidence and recommendations on the bill.

Footnotes

[1]The Hon Stephen Jones MP, Assistant Treasurer and Minister for Financial Services, House of Representatives Hansard, 13 September 2023, p. 11.

[2]Income Tax Assessment Act 1997, s 328–110.

[3]Explanatory Memorandum (EM), p. 10.

[4]EM, p. 17.

[5]EM, p. 30.

[6]EM, p. 18.

[7]EM, p. 19.

[8]EM, pp. 21–22.

[9]EM, p. 24.

[10]EM, p. 28.

[11]The Treasury, Small Business Energy Incentive, 18 July 2023, https://treasury.gov.au/consultation/c2023-402752 (accessed 6 November 2023).

[12]Business Council of Australia, Submission in response to: Small Business Energy Incentive, 18 July 2023, https://treasury.gov.au/sites/default/files/2023-08/c2023-402752-bca-.pdf (accessed6November2023)

[13]CPA Australia, Submission in response to: Small Business Energy Incentive, 18 July 2023, https://treasury.gov.au/sites/default/files/2023-08/c2023-402752-cpa-australia-.pdf (accessed6November2023)

[14]EM, p. 33.

[15]EM, pp. 33–34.

[16]EM, p. 35.

[17]EM, p. 35.

[18]The Treasury, Building Community – deductible gift recipient status for community foundations, 16July2023, https://treasury.gov.au/consultation/c2023-411481 (accessed 6 November 2023).

[19]Australian Communities Foundation, Submission in response to: Building Community – deductible gift recipient status for community foundations, 14 July 2023, https://treasury.gov.au/sites/default/files/2023-09/c2023-411481-australian_communities_fdn.pdf (accessed 6 November 2023); Ballarat Foundation, Submission in response to: Building Community – deductible gift recipient status for community foundations, 13 July 2023, https://treasury.gov.au/sites/default/files/2023-09/c2023-411481-ballarat_fdn.pdf (accessed6November 2023); Mumbulla Community Foundation, Submission in response to: Building Community – deductible gift recipient status for community foundations, 12 July 2023, https://treasury.gov.au/sites/default/files/2023-09/c2023-411481-mumbulla_community_fdn.pdf (accessed 6 November 2023) and others.

[20]EM, p. 45.

[21]EM, p. 46.

[22]Transparency International Australia, Who we are, https://transparency.org.au/about/ (accessed24October 2023).

[23]Victorian Pride Centre, About the Centre, https://pridecentre.org.au/about/about-the-centre/ (accessed 24 October 2023)

[24]EM, p. 46.

[25]EM, p. 49.

[26]EM, p. 50.

[27]EM, p. 33.

[28]EM, p. 51.

[29]EM, pp. 51–52.

[30]EM, p. 52.

[31]EM, pp. 52–53.

[32]EM, p. 53.

[33]EM, p. 52.

[34]EM, p. 65.

[35]EM, pp. 65–66.

[36]EM, p. 72.

[37]EM, pp. 73–74.

[38]EM, p. 66.

[39]EM, p. 66.

[40]EM, p. 66.

[41]EM, p. 66.

[42]EM, p. 66.

[43]EM, p. 66.

[44]The Treasury, Treasury Laws Amendment (Measures for Consultation) Bill 2023: Non arm’s length expense rules for superannuation funds, 7 July 2023, https://treasury.gov.au/consultation/c2023-408585 (accessed 1 November 2023).

[45]The Treasury, Non-arm’s length expense rules for superannuation funds, January 2023, https://treasury.gov.au/consultation/c2023-323132 (accessed 2 November 2023).

[46]EM, p. 83.

[47]EM, pp. 83–84.

[48][2022] FCAFC 173.

[49]EM, p. 84.

[50]EM, p. 84.

[51]The Treasury, Treasury Laws Amendment (Measures for Consultation) Bill 2023: AFCA jurisdiction to hear superannuation matters, 16 June 2023, https://treasury.gov.au/consultation/c2023-396390 (accessed 1 November 2023).

[52]Association of Superannuation Funds of Australia Limited (ASFA), Submission in response to Treasury Laws Amendment (Measures for Consultation) Bill 2023: AFCA jurisdiction to hear superannuation complaints, 16 June 2023, https://treasury.gov.au/sites/default/files/2023-10/c2023-396390-afsa.pdf (accessed 8 November 2023).

[53]Australian Institute of Superannuation Trustees, Submission in response to Treasury Laws Amendment (Measures for Consultation) Bill 2023: AFCA jurisdiction to hear superannuation complaints, 23 June 2023, https://treasury.gov.au/sites/default/files/2023-10/c2023-396390-aist.pdf (accessed8November2023).

[54]EM, p. 5 and 8.

[55]EM, pp. 6–7.

[56]Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 12 of 2023, October 2023, pp.45–48.

[57]Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 12 of 2023, October 2023, pp.46– 47.

[58]Treasury Laws Amendment (Support for Small Business and Charities and Other Measures) Bill2023, items 12 and 34.

[59]Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 12 of 2023, October 2023, p. 47.

[60]Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 12 of 2023, October 2023, p. 48.

[61]EM, pp. 39–40.

[62]EM, p. 41.

[63]Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 12 of 2023, October 2023, p. 48.

[64]Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 14 of 2023, November 2023, pp.20–21.

[65]Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 14 of 2023, November 2023, p.21.

[66]EM, pp. 92–100.

[67]EM, pp. 92–99.

[68]EM, p. 95.

[69]EM, p. 95.

[70]EM, p. 100.

[71]Parliamentary Joint Committee on Human Rights, Human Rights Scrutiny Report – Report 11 of 2023, 18October 2023, p. 5.