Treasury Laws Amendment (2022 Measures No. 1)

Current status

This bill became law on Aug 9th, 2022.

Policy area

Budget, tax & economy

What does this bill do?

Small businesses and primary producers hit by Cyclone Seroja can keep eligible recovery grants tax-free, so more of the support money stays with them.

Why was it introduced?

Cyclone Seroja left recovery grants exposed to tax, the closed Superannuation Complaints TribunalThe now-closed tribunal that used to decide superannuation complaints and whose old files and unfinished matters this bill transfers or redirects. left gaps for old records and appeals, and the new business registry rules were delayed because systems were not ready. The bill keeps those grants tax-free, shifts old super complaint functions to ASICThe corporate regulator that takes over custody of the old superannuation complaint records and can keep using them for legal and disclosure purposes. and AFCAThe external dispute resolution body that the bill sends some old superannuation appeal matters to for a fresh decision., postpones the registry start date, and adds tax exemptions tied to the Women’s World Cup.

Broader context

After Tropical Cyclone Seroja hit Western Australia in April 2021, recovery grants risked being taxed, while unfinished superannuation transition rules and an unready business registry system left gaps around old complaint files, appeals and the start date for new registry laws. The bill bundled those fixes with tax exemptions for the 2023 Women’s World Cup, then passed in August 2022 so disaster payments stayed intact, ASICThe corporate regulator that takes over custody of the old superannuation complaint records and can keep using them for legal and disclosure purposes. and AFCAThe external dispute resolution body that the bill sends some old superannuation appeal matters to for a fresh decision. could handle legacy superannuation matters, and the registry changeover was pushed back.

Key criticism

The clearest recorded criticism was about the Senate-added corporate tax transparencyThe rule that makes some companies' tax information public, which was the focus of the main amendment dispute in the bill. and financial reporting changes, which risked forcing more private companies into public disclosure and extra reporting obligations. Coalition speakers said they did not oppose the original bill, but the opposition later opposed the bill as amended when the House considered the Senate amendments.

Who supported it?

Stephen Jones MP introduced this bill. It passed on the voices.

Introduced in House 27 July 2022
Passed House 02 Aug 2022
Passed Senate 04 Aug 2022
Became law 09 Aug 2022

Did it become law?

Yes

Became law 09 Aug 2022

Final passage

Passed without a counted vote

2 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.

Passage speed

13 days

From introduction to the latest recorded parliamentary step

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Small businesses and primary producers hit by Cyclone Seroja can keep eligible recovery grants tax-free, so more of the support money stays with them.

  2. ASICThe corporate regulator that takes over custody of the old superannuation complaint records and can keep using them for legal and disclosure purposes. takes over legal responsibility for records from the closed Superannuation Complaints TribunalThe now-closed tribunal that used to decide superannuation complaints and whose old files and unfinished matters this bill transfers or redirects., so old complaint files can still be managed and disclosed when needed.

  3. The Federal Court can send unresolved legal appeals from old superannuation complaint decisions to the Australian Financial Complaints AuthorityThe external dispute resolution body that the bill sends some old superannuation appeal matters to for a fresh decision. for a fresh decision.

  4. Australia’s business registry law changes are pushed back to 1 July 2026, so companies and other users are not forced onto rules before the computer systems are ready.

  5. FIFAThe global football body that is given tax relief for tournament-related income under this bill. and its Australian Women’s World Cup company do not pay Australian income tax or withholding tax on tournament-related income from 1 July 2020 to 31 December 2028.

Show source excerpts
  1. In the 2021-2022 MYEFO, the then Government committed to making certain grants related to Cyclone Seroja non-assessable and non-exempt income for income tax purposes. This effectively increases the value of these grants for small businesses and primary producers recovering from the impacts of Cyclone Seroja.
    Treasury Laws Amendment (2022 Measures No. 1) explanatory memorandum
  2. ASIC becomes the administrator of any document in possession of the SCT at the time of closure. [Schedule 2, item 2, subsection 33(2) of Schedule 3 to the AFCA Act]
    Treasury Laws Amendment (2022 Measures No. 1) explanatory memorandum
  3. Without limiting the powers of the Federal Court, the provision provides that the Federal Court may make an order remitting the matter back to AFCA where this would have ordinarily been remitted back to the SCT. The determination will then be made by AFCA in accordance with the directions of the Federal Court. [Schedule 2, item 2, subsection 34(2) of Schedule 3 to the AFCA Act]
    Treasury Laws Amendment (2022 Measures No. 1) explanatory memorandum
  4. It was not possible to complete the build of these systems by 22 June 2022 and the delay of the automatic commencement date to 1 July 2026 is intended to allow sufficient time so that the supporting legislation aligns with the IT delivery schedule.
    Treasury Laws Amendment (2022 Measures No. 1) explanatory memorandum
  5. The effect of the Bill is that FIFA and FWWC2023 Pty Ltd are exempt from paying tax on ordinary or statutory income from 1 July 2020 to 31 December 2028 inclusive, provided their income (ordinary or statutory) relates to the 2023 FIFA Women’s World Cup. [Schedule 3, item 3, section 50‑45 of the ITAA 1997]
    Treasury Laws Amendment (2022 Measures No. 1) explanatory memorandum

Broader context for this bill

After Tropical Cyclone Seroja hit Western Australia in April 2021, recovery grants risked being taxed, while unfinished superannuation transition rules and an unready business registry system left gaps around old complaint files, appeals and the start date for new registry laws. The bill bundled those fixes with tax exemptions for the 2023 Women’s World Cup, then passed in August 2022 so disaster payments stayed intact, ASICThe corporate regulator that takes over custody of the old superannuation complaint records and can keep using them for legal and disclosure purposes. and AFCAThe external dispute resolution body that the bill sends some old superannuation appeal matters to for a fresh decision. could handle legacy superannuation matters, and the registry changeover was pushed back.

  1. 11-12 Apr 2021

    Tropical Cyclone Seroja hits Western Australia

    The cyclone devastated communities in Western Australia and led to recovery grants of up to $25,000 for affected primary producers and small businesses.

    Hansard ↗
  2. 27 July 2022

    Government introduces a bill to fix disaster grants, legacy super files and registry delays

    The second reading speech said the bill would keep Cyclone Seroja recovery grants tax-free, move old Superannuation Complaints TribunalThe now-closed tribunal that used to decide superannuation complaints and whose old files and unfinished matters this bill transfers or redirects. records to ASICThe corporate regulator that takes over custody of the old superannuation complaint records and can keep using them for legal and disclosure purposes., let appeals be remitted to AFCAThe external dispute resolution body that the bill sends some old superannuation appeal matters to for a fresh decision., delay the registry law start date and add Women’s World Cup tax exemptions.

    Hansard ↗
  3. 04 Aug 2022

    Parliament passes the bill

    Both houses agreed on the final form of the package, including Senate amendments, completing its passage through Parliament.

    Parliamentary timeline ↗
  4. 09 Aug 2022

    Royal AssentThe final approval that turns a bill passed by Parliament into an Act. makes the package law

    Royal AssentThe final approval that turns a bill passed by Parliament into an Act. turned the bill into an Act so the tax relief, superannuation transition fixes, registry delay and tournament tax exemptions could take legal effect.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 27 July 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 27 July 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 02 Aug 2022

The bill reached this recorded parliamentary step.

House second reading agreed 02 Aug 2022

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

House third reading agreed 02 Aug 2022

The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.

Third reading agreed to

Introduced 03 Aug 2022

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 03 Aug 2022

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 03 Aug 2022

The bill reached this recorded parliamentary step.

Senate second reading agreed 04 Aug 2022

The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.

Second reading agreed to

Senate agreed to amendment packages 04 Aug 2022

The chamber considered amendments before the bill moved to the next stage.

Committee of the Whole debate

Senate third reading agreed 04 Aug 2022

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Message from Senate reported 04 Aug 2022

The bill reached this recorded parliamentary step.

House agreed to Senate amendments 04 Aug 2022

The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.

Consideration of Senate message

Passed both houses 04 Aug 2022

Both houses passed the bill in the same form, completing parliamentary passage.

Finally passed both Houses

Assent 09 Aug 2022

The Governor-General gave Royal AssentThe final approval that turns a bill passed by Parliament into an Act., turning the bill into an Act.

The main case against this bill

The clearest recorded criticism was about the Senate-added corporate tax transparencyThe rule that makes some companies' tax information public, which was the focus of the main amendment dispute in the bill. and financial reporting changes, which risked forcing more private companies into public disclosure and extra reporting obligations. Coalition speakers said they did not oppose the original bill, but the opposition later opposed the bill as amended when the House considered the Senate amendments.

Most criticism went to added reporting measures, not the bill’s main disaster, superannuation or registry fixes.

Extra disclosure and reporting burden

The main identifiable objection was to the bill’s added corporate tax transparencyThe rule that makes some companies' tax information public, which was the focus of the main amendment dispute in the bill. and financial reporting measures, on the basis that they could pull more proprietary companies into public tax disclosure and annual reporting requirements, increasing compliance and exposure for affected firms.

Raised by This concern is reflected in Senate amendment votes on Senator McKim’s proposed changes, and in the House debate on the Senate amendments, where the opposition said it opposed the bill as amended. Source ↗

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.

Passed

House passed the bill

House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

02 Aug 2022

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Passed

Senate passed the bill

Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.

04 Aug 2022

Passed on the voices

In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.

Amendments at a glance

Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.

House

Carried

House accepts Greens tax amendments

Aye 86 No 55

Passed 86 to 55. Support came from Labor, Greens, Centre Alliance, and minor parties and independents. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.

04 Aug 2022

The proposed change was agreed.

Party Recorded votes Aye / No
Labor 64 / 0
Unknown 16 / 25
Liberal Party 0 / 18
Nationals 0 / 12
Independent 4 / 0
Greens 1 / 0
Centre Alliance 1 / 0
Carried

House accepted all Senate amendments

The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Senate

Carried

Limit tax transparency and reporting

Aye 37 No 27

Passed 37 to 27. Support came from Labor, Greens, Jacqui Lambie Network, One Nation, and minor parties and independents. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.

04 Aug 2022

The chamber agreed to a package that narrowed the reach of the bill's transparency and reporting changes before the bill's final passage.

Party Recorded votes Aye / No
Labor 17 / 0
Liberal Party 0 / 16
Greens 12 / 0
Unknown 5 / 7
Nationals 0 / 4
Independent 1 / 0
Jacqui Lambie Network 1 / 0
One Nation 1 / 0
Carried

Senate adds McKim tax transparency amendments

The APH progress record says 4 Australian Greens amendments were agreed without a counted division being collected by this run.

Carried on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

Defeated

Senate amendment defeated

The Senate Journal records this outcome as defeated on voices.

Defeated on voices

The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.

These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.

The parliamentary record also shows 4 Australian Greens amendments agreed without a counted division.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Stephen Jones

Australian Labor Party • MP 27 July 2022

Jones supports the bill, saying it will provide certainty about tax obligations and benefit entitlements, reduce Commonwealth risk from unclear laws, and fix technical and transitional problems across the Treasury portfolio.

Read in Hansard ↗
Lead supporting voice Supports

Perin Davey

National Party • Senator 03 Aug 2022

Davey says the opposition supports the bill because it is a non-controversial, mechanical change that stops disaster recovery grants being treated as taxable income, but she criticises the government for using Senate time on it instead of bringing forward a stronger economic plan.

Read in Hansard ↗
Lead voice Supports

Deborah O'Neill

Australian Labor Party • Senator 03 Aug 2022

O'Neill supports the bill and says it will help cyclone-affected businesses by making disaster grants tax-free, while also fixing superannuation complaint-handling and FIFAThe global football body that is given tax relief for tournament-related income under this bill. World Cup tax arrangements.

Read in Hansard ↗
Lead voice Supports

Jana Stewart

Australian Labor Party • Senator 04 Aug 2022

Stewart supports the bill and says it will provide certainty for tax and benefit rules, help Cyclone Seroja recovery grants and Superannuation Complaints TribunalThe now-closed tribunal that used to decide superannuation complaints and whose old files and unfinished matters this bill transfers or redirects. arrangements, and delay the business register transfer while the project is fixed.

Read in Hansard ↗

All speeches by bloc

Labor

5 speakers · 6 contributions · 5 support

  1. Katy Gallagher 2 contributions Gallagher supports the bill and says it will give certainty about tax and entitlement rules, help affected communities recover, and fix a range of Treasury law and administrative issues.

    Hansard records 2 separate contributions by Katy Gallagher on this bill. They are grouped here so the speaker is listed once.

    Second reading speech Australian Labor Party • Senator • 03 Aug 2022

    Gallagher supports the bill and says it will give certainty about tax and entitlement rules, help affected communities recover, and fix a range of Treasury law and administrative issues. She also notes the retrospective changes to the business registers program are needed because the project has fallen badly behind schedule.

    “This Bill will provide certainty to stakeholders about their tax obligations and benefit entitlements, reduce risks to the Commonwealth associated with uncertainty in existing laws and limit the retrospective application of proposed new laws.”
    Read this contribution in Hansard ↗

    Second reading speech Australian Labor Party • Senator • 04 Aug 2022

    Gallagher supports the bill, saying it delivers tax relief for cyclone recovery grants, helps complete the transition to the Australian Financial Complaints AuthorityThe external dispute resolution body that the bill sends some old superannuation appeal matters to for a fresh decision., supports the FIFAThe global football body that is given tax relief for tournament-related income under this bill. Women's World Cup arrangements, and makes minor Treasury law fixes.

    “Schedule 5 of this bill amends various laws in the Treasury portfolio to ensure that those laws operate in accordance with the policy intent, make minor policy changes to improve administrative outcomes or remedy unintended consequences, and correct technical or drafting defects. The amendments have been identified by Treasury portfolio agencies, the Office of Parliamentary Counsel and policy divisions within Treasury. This includes amendments that clarify the law to ensure it operates in accordance with the policy intent, make minor policy changes to improve administrative outcomes or remedy unintended consequences, and correct technical or drafting defects.”
    Read this contribution in Hansard ↗
  2. Jess Walsh Jess Walsh supports the bill, saying it has wide backing and highlighting schedule 1 as important to ensure people affected by Cyclone Seroja keep the full relief funding.
    “I, too, rise to speak on the Treasury Laws Amendment (2022 Measures No. 1) Bill 2022. I begin by noting the wide support in the chamber for this bill, including amongst the opposition. I note Senator Davey's support, particularly for schedule 1, which is incredibly important in making sure that people affected by the devastating Cyclone Seroja, which hit parts of WA last year, are able to receive the full amount of relief funding without losing that much-needed relief in their tax returns.”

    Australian Labor Party • Senator • 03 Aug 2022

    Read the full speech in Hansard ↗

Coalition

3 speakers · 3 support

  1. Jane Hume Jane Hume says the opposition will support the bill because it carries over key measures from the former coalition government's economic plan, including cost-of-living relief, support for women's sport and red tape reduction.
    “The opposition welcomes the Treasury Laws Amendment (2022 Measures No. 1) Bill 2022 to the extent that it extends and implements key measures of the former government's economic plan. This bill delivers key measures of the former coalition government's commitment to provide cost-of-living relief to disaster-affected communities, to support women's sport and to cut red tape for business. The bill brings together a number of Treasury measures which were included in bills that lapsed at the election. I note that the opposition will be supporting the bill.”

    Liberal Party • Senator • 03 Aug 2022

    Read the full speech in Hansard ↗
  2. Angus Taylor Taylor says the opposition will support the bill because it carries over useful measures from the former government, including cost-of-living relief for disaster-affected communities, support for women’s sport and red tape cuts for business.
    “So, while we do not oppose this bill, as it continues a lot of good work of the previous coalition government, we call upon the government once again to outline a plan to address the challenges facing Australia's economy.”

    Liberal Party • MP • 02 Aug 2022

    Read the full speech in Hansard ↗

Full record

Full chat