Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Hansard source

I thank you for your courtesy, Mr Speaker, and trust it will be extended by my very noisy colleagues on both sides of the House. If the bill were passed, employers who did not make superannuation contributions for employees over 70 would be liable to pay a superannuation guarantee charge in respect to any shortfall under the act. The consequence of the bill would be that employers would be required to pay charges in cases where they are not currently required to do so. Standing order 179 would have been applied to introduce such a measure and this did not occur.

The issue of appropriation also arises because, where the additional charge applies, the Commonwealth would be required to make a payment for the benefit of relevant employees and the Consolidated Revenue Fund would be accessed for that purpose. The proposed law would therefore also involve an appropriation within the meaning of section 56 of the Constitution and standing order 180. On that basis, to be validly passed, the bill requires a message from the Governor-General, which may be obtained only on the advice of the government, and the government does not propose to obtain a message in this case. I therefore support the motion that the bill be brought on and, once brought on, Mr Speaker, I would respectfully request of you that you rule that the bill should not proceed.

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