Revised

Explanatory Memorandum

(Circulated by the authority of the Minister for Small Business, the Hon Bruce Billson MP)

Chapter 3 - Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Superannuation Guarantee (Administration) Amendment Bill 2015

4.1 This 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

4.2 This Bill amends the Superannuation Guarantee (Administration) Act 1992 (SGAA) to remove the obligation for employers to offer a choice of superannuation fund to temporary residents, or when superannuation funds merge.

4.3 Under these amendments employers will no longer be required to provide a standard choice form to employees who hold a temporary visa as defined by the Migration Act 1958, or when an employee's superannuation benefits are transferred from a chosen fund or a default fund to a successor fund as a result of a superannuation fund merger arrangement.

4.4 The purpose of these amendments is to simplify superannuation compliance obligations for employers.

4.5 These amendments do not affect an employee's entitlements to superannuation contributions nor do they affect an employee's ability to choose their own superannuation fund under Division 4 of Part 3A of the SGAA.

Human rights implications

4.6 This Bill does not engage any of the applicable rights or freedoms.

Conclusion

4.7 This Bill is compatible with human rights as it does not raise any human rights issues.