Super tax bill could be pushed through under ‘guillotine’ measures this week: SMSFA
Although the Better Targeted Superannuation Concessions Bill is again not listed for debate this week in the Senate, it remains very possible the government may try and pass it as part of a guillotine motion later in the week, SMSFA CEO Peter Burgess has said.
SMSFA CEO Peter Burgess told SMSF Adviser it is common for the government of the day to do this at the end of each sitting year, however, it is usually used to pass “non-controversial” legislation.
“We are heading to Canberra this evening for our last round of parliamentary meetings for the year,” he said.
“Among other things, we will be trying to ensure this bill, in its current form, does not have the support of the crossbench and remains in the ‘controversial’ category.”
With this being the last sitting week of parliament for the year, it is crucial for the government to get the bill passed as there is a time limit for its introduction on 1 July 2025.
According to the Parliamentary Practice and Procedure Guidelines, guillotines are used where the government can obtain the support of a majority of the Senate to provide finite debating times for a particular bill or to bring protracted debates to a close.
“They are most frequently imposed at the end of a period of sittings when the time available to deal with complex or copious legislation is running out. They are also used where a determined minority, by using the debating opportunities open to it, has prolonged debate on a bill. Adoption of a time limit ensures that the questions necessary to determine whether a bill will pass are put to the vote. The guillotine procedures are contained in standing order 142.”
Subsequently, standing order 142 states “when a motion for leave to introduce a bill is called on, or when a message is received from the House of Representatives transmitting a bill for concurrence, or at any other stage of a bill, a minister may declare that the bill is an urgent bill, and move that the bill be considered an urgent bill, and such motion shall be put forthwith without debate or amendment”.
Aaron Dunn, CEO of Smarter SMSF, said it is necessary that the bill remains of a “controversial nature” as the argument is that it is not something that should be rushed and therefore not pushed through under the guillotine arrangement.
“Whether it is going to happen or not going to happen is anyone’s guess. As I have said previously, the longer it went on can be in equal parts frustrating and positive,” Dunn said.
The government has around 76 bills that it is still trying to get through legislation before the end of the parliamentary calendar year and Dunn said it may be working out priorities of what it can and can’t proceed as opposed to spending time debating on bills they may not get through.
“There is the aged care bill for example and the social media age limit bill which seems to have universal support. If you break down those outstanding bills and see how many it does have the mandate to get through it may focus on those rather than the Div 296 measure that still has speed wobbles in some respects,” he said.
“However, the Div 296 tax is linked to revenue which the government is banking on to fund other parts of its budget measures.”