{"id":"C2026A00009","name":"Superannuation (Building a Stronger and Fairer Super System) Imposition Act 2026","slug":"superannuation-building-a-stronger-and-fairer-super-system-imposition-act-2026","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"9 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436458,"registerId":"C2026A00009-fast-fetch-1775953650085","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (Building a Stronger and Fairer Super System) Imposition Act 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nSuperannuation (Building a Stronger and Fairer Super System) Imposition Act 2026\n\nNo. 9, 2026\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose tax on certain superannuation earnings, and for related purposes\n\n \n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Definitions\n\n4 Imposition of tax\n\n5 Amount of tax\n\n6 Severability\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nSuperannuation (Building a Stronger and Fairer Super System) Imposition Act 2026\n\nNo. 9, 2026\n\n \n\n \n\n \n\nAn Act to impose tax on certain superannuation earnings, and for related purposes\n\n[Assented to 13 March 2026]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Superannuation (Building a Stronger and Fairer Super System) Imposition Act 2026.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act The first 1 January, 1 April, 1 July or 1 October to occur after the day this Act receives the Royal Assent. 1 April 2026\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Definitions\n\n  In this Act:\n\nincome year has the same meaning as in the Income Tax Assessment Act 1997.\n\ntaxable superannuation earnings has the same meaning as in the Income Tax Assessment Act 1997.\n\nvery large superannuation balance earnings component has the same meaning as in the Income Tax Assessment Act 1997.\n\n4  Imposition of tax\n\n  Tax payable under section 296‑15 of the Income Tax Assessment Act 1997 is imposed.\n\n5  Amount of tax\n\n  The amount of the tax payable by a person for an income year is:\n\n (a) unless paragraph (b) applies—15% of the person’s taxable superannuation earnings for the income year; or\n\n (b) if the person has a very large superannuation balance earnings component for the income year—the sum of:\n\n (i) 15% of the person’s taxable superannuation earnings for the income year; and\n\n (ii) 10% of the person’s very large superannuation balance earnings component for the income year.\n\n6  Severability\n\n  If, apart from this section, section 4 would impose, in relation to a person, a tax the imposition of which in relation to the person would exceed the legislative power of the Commonwealth, section 4 has effect as if it did not impose that tax in relation to the person.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 11 February 2026\n\nSenate on 10 March 2026]\n\n \n\n(14/26)\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. It is an imposition Act—a specific constitutional mechanism that gives legal force to taxes defined in separate legislation. It does exactly what its title and purpose clause suggest: imposes tax on certain superannuation earnings. There is no scope creep; the Act deliberately avoids defining substantive rules, leaving those to the Income Tax Assessment Act 1997."},"complexity_factors":["Extremely short: only 6 sections spanning roughly 2 pages","Minimal defined terms: only 3 definitions, all referencing external legislation rather than creating new concepts","Simple conditional structure: only one basic if/then split in section 5 (paragraph a vs paragraph b)","Heavy reliance on external legislation: all substantive rules (thresholds, calculations, liability) are in the Income Tax Assessment Act 1997—this Act merely imposes the tax","No nested exceptions or complex cross-referencing within the Act itself","Standard severability clause (section 6) using boilerplate constitutional safety language"],"plain_english_summary":"This law creates a new tax on very large superannuation balances. It works alongside the Income Tax Assessment Act 1997 to impose extra tax when someone's superannuation earnings exceed certain thresholds.\n\n**Who it affects:**\n- People with very large superannuation balances (the exact threshold is defined in the Income Tax Assessment Act 1997, not this Act)\n- Specifically targets two groups:\n  - Those with \"taxable superannuation earnings\" above the standard cap\n  - Those with a \"very large superannuation balance earnings component\" (an even higher tier of wealth)\n\n**How the tax works:**\n- **Standard rate:** 15% on taxable superannuation earnings above the threshold\n- **Higher rate:** If you have a \"very large superannuation balance earnings component,\" you pay:\n  - 15% on the standard taxable earnings, **plus**\n  - An extra 10% on the very large balance component (25% total on that portion)\n\n**Why it matters:**\nThis is part of a broader reform to make the superannuation system \"fairer\" by reducing tax concessions for the wealthiest Australians. It effectively creates a two-tier additional tax system for high-balance super accounts, ensuring those with millions in super pay more tax on their earnings than middle-income earners.\n\n**Key technical note:**\nThis Act doesn't stand alone—it \"imposes\" the tax (gives it legal force) but all the actual rules about who owes what, how to calculate balances, and what the thresholds are live in the Income Tax Assessment Act 1997. Think of this Act as the \"on switch\" for a tax defined elsewhere."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"No change in scope is evident within the enacted text. The Act itself specifies the tax imposed, the calculation rules, definitions by reference to the Income Tax Assessment Act 1997, and a commencement date of 1 April 2026 (ss2–5). The text contains no amendments, carve‑outs or transitional modifications that alter the scope beyond the imposition described."},"complexity_factors":["Key terms and thresholds are defined by cross-reference to the Income Tax Assessment Act 1997 rather than inside this Act (Definitions, s3) — requires consulting the ITAA 1997.","The tax is imposed by reference to an existing ITAA provision (tax payable under s296‑15 of the Income Tax Assessment Act 1997) (s4) — creates interaction risk with existing tax rules.","Tiered calculation: base 15% on taxable superannuation earnings plus an additional 10% on the 'very large superannuation balance earnings component', producing different effective rates on different portions (s5).","Commencement uses a quarter-based trigger (first 1 Jan/1 Apr/1 Jul/1 Oct after assent) and specifies 1 April 2026 (s2) — requires attention for transitional/admin systems.","Severability clause tied to Commonwealth legislative power (s6) introduces constitutional boundary uncertainty for borderline cases.","Administrative and compliance burden: funds and taxpayers must identify and allocate the 'very large superannuation balance earnings component' under ITAA rules (s3, s5) — potential recordkeeping and calculation complexity.","Risk of overlap with other existing superannuation taxes/credits due to external references; resolution requires statutory and administrative interpretation (s4, s5)."],"plain_english_summary":"This Act imposes tax on superannuation earnings. It charges 15% of a person’s taxable superannuation earnings and a further 10% on the earnings component attributable to a ‘very large superannuation balance’ (so that portion is effectively taxed at 25%). It applies to persons with superannuation earnings as defined in the Income Tax Assessment Act 1997 and commences 1 April 2026. The title states the purpose is to “build a stronger and fairer super system.”"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-building-a-stronger-and-fairer-super-system-imposition-act-2026","history":"/api/acts/superannuation-building-a-stronger-and-fairer-super-system-imposition-act-2026/history","analysis":"/api/acts/superannuation-building-a-stronger-and-fairer-super-system-imposition-act-2026/analysis","conflicts":"/api/acts/superannuation-building-a-stronger-and-fairer-super-system-imposition-act-2026/conflicts","importantCases":"/api/acts/superannuation-building-a-stronger-and-fairer-super-system-imposition-act-2026/important-cases","documents":"/api/acts/superannuation-building-a-stronger-and-fairer-super-system-imposition-act-2026/documents"}}