Senate debates

Thursday, 17 June 2021

Bills

Treasury Laws Amendment (Self Managed Superannuation Funds) Bill 2020; In Committee

11:13 am

Photo of Jane HumeJane Hume (Victoria, Liberal Party, Minister for Superannuation, Financial Services and the Digital Economy) Share this | Hansard source

Thank you, Senator McKim and Senator McAllister, for those contributions. This bill increases the maximum number of allowable members in a self-managed super fund and small APRA fund from four to six. It's not a complicated bill at all. The increase in the maximum number of allowable members intends to provide additional consumer choice and flexibility to manage retirement savings. That's especially so for large families.

The opposition amendment asks for a review to be conducted of the operation of this amendment, and the review must also consider the conduct of financial advisers and trustees and SMSF investment performance and governance. The government's position is to oppose this amendment. Firstly, the opposition's amendment to review whether self-managed super fund membership should be expanded after 12 months of passage of this legislation will create considerable uncertainty for those that want to take up the option of a five- or six-member self-managed super fund in the first 12 months of the amendment operating. Secondly, it's rather unfortunate and, indeed, disingenuous of the opposition to disparage the good work that financial advisers do and the contribution that they make to the financial wellbeing of thousands and thousands of Australians. In fact, the Morrison government has implemented a number of reforms that strengthen the financial advice sector, providing consumers with much better access to affordable and high-quality financial advice.

So far, the government have strengthened and simplified the ongoing fee arrangements framework to minimise the risk of a consumer being charged a fee for no service. We've amended the disclosure requirements to ensure that financial advisers disclose whether they are independent, which was recommendation 2.2 of the Hayne royal commission. The government have also committed to introduce legislation by 30 June this year that would establish a single disciplinary body for financial advisers. This is in response to Commissioner Hayne's finding that, while sanctions are available to ASIC to take against financial advisers, the lack of less serious sanctions means that ASIC generally only focuses on the most serious of incidents. And while the government has announced that AFCA will soon be wound up, its functions will certainly remain. Treasury will be responsible for standard setting and a code of ethics, and ASIC will be responsible for administering the exam.

The great work that AFCA has done to lift the education, training and ethical standards of financial advisers will continue. The government has, in fact, agreed to implement the Hayne royal commission's recommendation to review measures that have been implemented by the government, by regulators and by financial services entities to improve the quality of financial advice. I think we can safely say that we all know which side of politics supports members' rights to manage their own money—and it's certainly not the Labor Party. I remind the chamber that, at the last election, the Labor Party in fact proposed $57 billion worth of retiree tax, which was very anti self-managed super.

The CHAIR: The question is that amendment (1) on sheet 1237, as moved by Senator McAllister, be agreed to.

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