Explanatory Memorandum
(Circulated by authority of the Minister for Housing and Assistant Treasurer, the Hon Michael Sukkar MP)Chapter 2 Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Schedule 1 - Superannuation guarantee amnesty
2.1 The Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .
Overview
2.2 The Bill provides for a one-off amnesty to encourage employers to self-correct historical SG non-compliance.
2.3 The amendments also limit the Commissioner's ability to remit penalties for historical SG non-compliance, where an employer fails to disclose information relevant to their historical SG shortfall. This is intended to strengthen the operation of the amnesty through legislated minimum penalties on employers who fail to come forward.
2.4 This complements the Government's package of reforms to improve SG compliance, which were recently enacted through the Treasury Laws Amendment (2018 Measures No. 4) Act 2019 . The recent reforms improve the visibility of SG payments to the ATO, introduce stronger penalties for non-compliance and ensure more reliable collection of liabilities for unpaid SG in the future.
Human rights implications
2.5 The Bill does not engage any of the applicable rights or freedoms.
Conclusion
2.6 The Bill is compatible with human rights as it does not raise any human rights issues.