Treasury Laws Amendment (Strengthening Accountability for Tax Adviser Misconduct and Other Measures)

Current status

This bill is currently before Parliament.

Policy area

Budget, tax & economy

What does this bill do?

Taxpayers using tax advisers get stronger protection from misconduct.

Why was it introduced?

The government said the bill responds to the PwC tax leaks, which exposed weaknesses in tax-adviser regulation, and a 2019 review of the Tax Practitioners BoardThe regulator for registered tax advisers., the regulator for registered tax advisers. It said clearer rules would make foreign investors pay tax fairly on gains tied to Australian land and natural resources. Those foreign-investor measures are estimated to raise $2,275.0 million over five years from 2025–26. The wider tax-adviser compliance budget measure is estimated to raise $47.0 million and cost $27.4 million over five years from 2024–25.

Broader context

Australia already had a registered tax-practitioner regime and foreign-resident capital-gains rules, but the PwC tax leaks scandal exposed weaknesses in professional accountability, while uncertainty over land-linked assets and renewable-energy investment created separate policy pressures. After a 2019 Tax Practitioners BoardThe regulator for registered tax advisers. review, the government consulted on stronger sanctions, announced broader foreign-resident CGT rules in 2024, and introduced this omnibus bill in 2026 to tighten enforcement, clarify taxation and support qualifying renewable investment.

Key criticism

Sophie Scamps (Independent) warned that changing the tax treatment of existing renewable-energy investments could unfairly punish decisions made under the previous rules. Nicolette Boele (Independent) argued that the original four-year discount could encourage investors to sell before 2030 and then freeze new investment. Boele also said combining eight different sets of measures in one bill made detailed parliamentary scrutiny harder. Tim Wilson (Liberal) alleged that the renewable-energy tax concessions favoured the government's political friends and donors.

Who supported it?

Hon Dr Daniel Mulino MP introduced this bill. Supportive speeches so far have come from Labor, some crossbench members.

Introduced in House 02 July 2026
Passed House 20 Aug 2026
Not yet reached Senate —
Not yet law —

Did it become law?

Not yet

Final passage

No final vote yet

The bill has not yet completed passage through Parliament.

Days since introduction

96 days

Updated 06 Oct 2026.

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Taxpayers using tax advisers get stronger protection from misconduct. Unregistered paid advisers face five new offences, with maximum penalties of 40 months in prison or 200 penalty units.

  2. Foreign investors selling land-linked assets face broader tax rules. Deals worth $50 million or more require notice, and asset values are tested over 365 days.

  3. Eligible foreign renewable-energy investors receive a 50 per cent discount on tax charged when an asset is sold. Parliament extended its end date from 1 July 2030 to 1 July 2040.

  4. Businesses planning mergers face more targeted rules. A court can cancel an unreported mergerWhen one business acquires or combines with another., while approved deals can receive extensions of up to six months.

  5. Australian governments will apply national competition rules under the agreement they made on 29 November 2024, replacing references to the 1995 agreements.

  6. People donating to five listed organisations can claim tax deductions for eligible gifts. Three organisations are newly listed and two have their listings extended.

  7. Foreign property sellers can claim tax withheld from a sale in the year the sale is counted. This may avoid a second tax return.

Show source excerpts
  1. 5 criminal offences for unregistered preparers: providing tax agent services for a fee providing BAS services for a fee advertising tax agent services advertising BAS services false representation of being a tax or BAS agent No criminal offences.
    Treasury Laws Amendment (Strengthening Accountability for Tax Adviser Misconduct and Other Measures) explanatory memorandum
  2. Non-IARPI vendor notification to the Commissioner Prior to the amendments, a vendor may provide a non-IARPI declaration to a purchaser in order to avoid incurring foreign resident CGT withholding tax on the basis that the asset under the transaction is non-IARPI. The amendments strengthen the foreign resident CGT withholding regime by ensuring the Commissioner has visibility of higher value transactions where a vendor declares that a membership interest is non-IARPI. This addresses information asymmetries, particularly in instances where foreign investors have an incentive not to engage with
    Treasury Laws Amendment (Strengthening Accountability for Tax Adviser Misconduct and Other Measures) explanatory memorandum
  3. Under the foreign resident CGT framework in Division 855 of the ITAA 1997, the discount applies to a gain where a CGT event happens in relation to a CGT asset that is either: an Australian renewable energy asset; or a membership interest that satisfies the renewable energy asset test. The discount is available only to foreign residents that are not individuals – for example, corporate entities and foreign beneficiaries of trusts to the extent that the capital gain is passed to the ultimate beneficiaries who are not individuals. This reflects the targeted nature of the transitional concessio
    Treasury Laws Amendment (Strengthening Accountability for Tax Adviser Misconduct and Other Measures) explanatory memorandum
  4. The Bill amends the acquisitions provisions in the CCA 2010 to refine the operation of the new mandatory and suspensory merger control regime. The amendments clarify when an acquisition is not required to be notified and ensure that the consequences for failing to notify are targeted, while preserving incentives for parties to notify proposed acquisitions. The Bill replaces the automatic voiding of acquisitions that are required to be notified but are not (known as non-notified acquisitions), and that are put into effect, with a court‑supervised voidable model, under which such an acquisition
    Treasury Laws Amendment (Strengthening Accountability for Tax Adviser Misconduct and Other Measures) explanatory memorandum
  5. On 29 November 2024, the Commonwealth and all Australian states and territories agreed to the 2024 NCP Agreement. The 2024 NCP Agreement reaffirms a collective commitment to fostering a competitive and dynamic economy. It builds upon the 1995 NCP Agreements, introducing revitalised National Competition Principles and establishing a structured framework for implementing pro-competitive reforms over the next decade. Currently, the references in the CCA 2010 and the PCA 1998 to the 1995 NCP Agreements: implement National Competition Principles and regulatory structures including the national ac
    Treasury Laws Amendment (Strengthening Accountability for Tax Adviser Misconduct and Other Measures) explanatory memorandum
  6. The income tax law allows income tax deductions for taxpayers who make gifts to deductible gift recipients. To be a deductible gift recipient, an organisation must fall within one of the general categories set out in Division 30 of the ITAA 1997 or be listed by name in that Division. Unless otherwise stated, all references to legislation in this Chapter are to the ITAA 1997. Deductible gift recipient status helps eligible organisations attract public financial support for their activities.
    Treasury Laws Amendment (Strengthening Accountability for Tax Adviser Misconduct and Other Measures) explanatory memorandum
  7. The entity (usually the vendor but it may be a partner in a partnership, or a beneficiary of a trust where the partnership or the trust is the vendor) is entitled to a tax credit for the amount withheld and paid to the Commissioner following the assessment of their tax liability. Prior to the amendments, an entity is entitled to claim a tax credit for the amount withheld under the FRCGW legislation in the income year the withheld amount is paid to the Commissioner and for which the entity has had an assessment of income tax. The withheld amount is required to be paid to the Commissioner on or
    Treasury Laws Amendment (Strengthening Accountability for Tax Adviser Misconduct and Other Measures) explanatory memorandum

Broader context for this bill

Australia already had a registered tax-practitioner regime and foreign-resident capital-gains rules, but the PwC tax leaks scandal exposed weaknesses in professional accountability, while uncertainty over land-linked assets and renewable-energy investment created separate policy pressures. After a 2019 Tax Practitioners BoardThe regulator for registered tax advisers. review, the government consulted on stronger sanctions, announced broader foreign-resident CGT rules in 2024, and introduced this omnibus bill in 2026 to tighten enforcement, clarify taxation and support qualifying renewable investment.

  1. 2009

    Tax practitioner regulation was established

    The Tax Agent Services Act 2009 created the legislative basis for regulating registered tax and BAS advisers through the Tax Practitioners BoardThe regulator for registered tax advisers..

    Hansard ↗
  2. 06 Aug 2023

    PwC tax leaks scandal exposed accountability weaknesses

    The government announced its response to the PwC matter, including a plan to strengthen regulator powers and crack down on tax adviser misconduct.

    Hansard ↗
  3. 10 Dec 2023 to 21 Jan 2024

    Government consulted on stronger Tax Practitioners BoardThe regulator for registered tax advisers. sanctions

    Treasury consulted on escalating sanctions and additional powers for the Tax Practitioners BoardThe regulator for registered tax advisers. as part of the response to the PwC matter.

    Treasury ↗
  4. 14 May 2024

    Government announced broader foreign-resident capital-gains rules

    The 2024–25 Budget announced changes to clarify which land-linked assets are taxable and to extend the principal asset test from a point-in-time test to 365 days.

    Australian Taxation Office ↗
  5. 02 July 2026

    Hon Dr Daniel Mulino MP introduced the bill

    The bill was introduced in the House of Representatives to strengthen tax-profession integrity, refine mergerWhen one business acquires or combines with another. rules and implement changes to foreign-resident taxation and renewable-energy investment.

    Hansard ↗
  6. 20 Aug 2026

    Government announced a renewable investment discount after months of pressure

    During debate, the government announced a targeted 50 per cent capital-gains tax discount for qualifying grid-scale renewable assets including batteries, wind turbines and solar panels.

    Hansard ↗
  7. 20 Aug 2026

    House passes the bill

    The House agreed to the bill at third reading after accepting a government amendment, allowing it to continue through the parliamentary process.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 02 July 2026

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 02 July 2026

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

Second reading moved

Scrutiny of Bills review 12 Aug 2026

Considered by scrutiny committee (12/08/2026): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 9 of 2026

Scrutiny Digest 9 of 2026

APH bill page notes
Second reading debate 19 Aug 2026

The bill reached this recorded parliamentary step.

Second reading debate 20 Aug 2026

The bill reached this recorded parliamentary step.

House second reading agreed 20 Aug 2026

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 agreed to amendments 20 Aug 2026

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

Consideration in detail debate

House third reading agreed 20 Aug 2026

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

Third reading agreed to

The main case against this bill

Sophie Scamps (Independent) warned that changing the tax treatment of existing renewable-energy investments could unfairly punish decisions made under the previous rules. Nicolette Boele (Independent) argued that the original four-year discount could encourage investors to sell before 2030 and then freeze new investment. Boele also said combining eight different sets of measures in one bill made detailed parliamentary scrutiny harder. Tim Wilson (Liberal) alleged that the renewable-energy tax concessions favoured the government's political friends and donors.

Scamps supported making foreign investors pay tax fairly and called the extension to 2040 a significant improvement. The government said the discount balances consistent long-term tax treatment with support for foreign investment in renewable energy.

Investment uncertainty

The expanded capital gains taxTax on profit from selling an asset. definition would apply to future sales of existing investments without grandfathering, while key concepts remain unclear in practice. Critics warned this could increase transaction uncertainty and discourage foreign investment.

Raised by Baker McKenzie, with similar investment-risk concerns raised by Allegra Spender and Sophie Scamps Source ↗

Renewable concession too limited

The renewable-energy tax discount was criticised as too short or insufficiently clear for long-term project investment, particularly for battery storage. Critics sought a longer timeframe and clearer eligibility rules.

Raised by Monique Ryan and Nicolette Boele Source ↗

Cost-of-living effects

The bill was attacked as containing concealed tax increases that would add to inflation and further weaken living standards, although this broader claim was not echoed by other recorded speakers.

Raised by Tim Wilson Source ↗

Recorded votes

Amendments at a glance

These amendments were agreed on the voices without a counted division.

House

Carried

Extend CGT concession to 2040

This amendment would extend the capital gains taxTax on profit from selling an asset. concession by replacing its expiry date of 1 July 2030 with 1 July 2040.

20 Aug 2026

This amendment would extend the capital gains taxTax on profit from selling an asset. concession by replacing its expiry date of 1 July 2030 with 1 July 2040.

Passed on the voices

The chamber agreed to this amendment without a counted vote — the presiding officer judged the ayes louder than the noes, and no member called for a division.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Daniel Mulino

Australian Labor Party • MP 02 July 2026

Mulino supports the bill, arguing it will strengthen sanctions for tax adviser misconduct, make foreign investors pay appropriate capital gains taxTax on profit from selling an asset., refine the mergerWhen one business acquires or combines with another. regime and implement updated national competition principles.

Read in Hansard ↗
Lead opposing voice Opposes

Tim Wilson

Liberal Party • MP 20 Aug 2026

Wilson opposes the bill, arguing that it contains hidden tax increases favouring Labor-aligned industries and would worsen inflation and falling living standards.

Read in Hansard ↗
Lead supporting voice Supports

Monique Ryan

Independent • MP 20 Aug 2026

Monique Ryan supports the bill's stronger taxation of foreign investors and removal of retrospective changes, but argues the renewable energy tax concession should extend well beyond 2030 and cover the investment horizons needed for Australia's clean energy transition.

Read in Hansard ↗
Lead non-major voice Supports

Allegra Spender

Independent • MP 20 Aug 2026

Spender supports the bill as a sensible compromise after the government made the tax changes prospective and extended the clean energy capital gains taxTax on profit from selling an asset. concession to 2040.

Read in Hansard ↗

All speeches by bloc

Labor

3 speakers · 3 support

  1. Tom French Tom French supports the bill because it strengthens oversight of tax advisers, ensures foreign investors pay tax fairly, encourages renewable energy investment and improves mergerWhen one business acquires or combines with another., competition, philanthropy and tax administration rules.
    “I rise to support the Treasury Laws Amendment (Strengthening Accountability for Tax Adviser Misconduct and Other Measures) Bill 2026. This bill covers a fair amount of ground. It deals with tax practitioners, foreign investment, capital gains tax, renewable energy, mergers, competition policy, philanthropy and tax administration. That is quite a journey for one piece of legislation—an odyssey, one might say. But there is a clear thread running through it. This bill is about making our economic rules fairer, clearer and more effective. It strengthens regulation where stronger powers are needed, it removes unnecessary complexity where it serves no useful purpose and it makes sure the tax system applies fairly to everyone who benefits from doing business in Australia.”

    Australian Labor Party • MP • 20 Aug 2026

    Read the full speech in Hansard ↗
  2. Rowan Holzberger Holzberger supports the bill because it strengthens penalties and deterrence for tax adviser misconduct, protects consumers and honest businesses, and ensures foreign investors and multinationals pay their fair share of tax.
    “Look at how important it is to protect the integrity of our tax practitioner system. There's something like 43,000 registered tax agents in Australia, 20,000 registered tax financial planners and 15,000 registered BAS agents. Last year, according to the explanatory memorandum here, something like $426 billion was collected by the ATO, and much of that money was reconciled, it says here, via the tax returns and BAS prepared by those agents. In fact, 74 per cent of individual income tax returns were prepared by tax agents. The TPB annual report of 2024-25 said that essentially 3½ thousand clients were assisted to reset their tax affairs following sanctions against their tax adviser and that the TPB dealt with tax advisers who failed to act lawfully and ethically, including around 275 serious sanctions to stop misconduct and protect the public. It is important that we maintain the integrity of our system, both for consumers and for the public, and it's important that we advance the cause of making sure that multinationals and foreign investors pay their fair share of tax. To that, I commend this bill to the House.”

    Australian Labor Party • MP • 20 Aug 2026

    Read the full speech in Hansard ↗

Coalition

1 speaker · 1 oppose

Minor parties and independents

4 speakers · 4 support

  1. Nicolette Boele Boele supports the bill's aim of making foreign investors pay their fair share and welcomes the longer transition period for renewable energy assets, but argues that further amendments are needed to protect clean energy investment and clarify support for battery storage.
    “I want to end by saying that I support the intention of these changes. Foreign investors should pay their fair share. Until today, the bill risked dealing a very large blow to investment that we need to deliver cheap, secure energy that's going to set us up for long-term prosperity. It simply didn't make sense for the government, in one breath, to express support for cheap, clean energy and simultaneously to make it harder for investors to build the wind farms, the solar farms and the battery energy storage that are going to make this economy cheap and clean. I commend the government's willingness to extend the transitional period to 2040 and I urge it to continue doing everything it can to support the clean energy that we need and make our economy as competitive as possible so households can have the cheapest possible energy for their livelihoods.”

    Independent • MP • 20 Aug 2026

    Read the full speech in Hansard ↗
  2. Sophie Scamps Sophie Scamps supports the bill, welcoming its stronger tax-adviser accountability and competition measures and the extension of renewable-energy investor transition relief to 2040, while retaining concerns about retrospective impacts on existing investments.
    “I want to thank the Assistant Treasurer for his willingness to listen to industry concerns and engage constructively on this matter. While some of the concerns remain, particularly regarding the retrospective impact of these changes on investments already made, the extension to 2040 is a significant improvement and an important step forward towards preserving Australia's attractiveness as a destination for long-term clean energy investment. For those reasons and noting the improvements the government has agreed to make, I commend the bill to the House.”

    Independent • MP • 20 Aug 2026

    Read the full speech in Hansard ↗

Full record

Full chat