AST GVT Treasury Portfolio Laws 2024

Updated on: Jan 8, 2025

Latest Event


On Sep. 27, AST GVT proposed miscellaneous amendments to laws.

  • AST GVT published the suite of material below with respect to proposed miscellaneous amendments to Treasury portfolio laws, and it also seeks feedback on the proposal.
  • Follows AST GVT Jan. 2024 proposed miscellaneous amendments to laws, #199458.
  • Material Published
  • It published Exposure draft - Treasury laws amendment bill 2024: minor and technical amendments (Spring 2024); exposure draft explanatory materials regarding same.
  • In addition, Exposure draft - Treasury laws amendment instrument 2024: minor and technical amendments (Spring 2024); and exposure draft explanatory statement (ES).
  • Exposure Draft Bill
  • Makes a number of miscellaneous, technical amendments to Treasury portfolio laws, to update legislative references, repeal inoperative provisions, and reduce red tape.
  • Includes amendments to Australian Securities and Investments Commission act 2001; ASTCA (re reporting requirements for public firms); Foreign acquisitions and takeovers act 1975 (to clarify on calculation of penalties); and Income tax assessment act 1997.
  • Amendments to Income tax assessment act 1997 relate to thin capitalization rules.
  • Exposure Draft Regulations
  • These make various amendments to Treasury portfolio regs to correct drafting errors, unintended outcomes, repeal inoperative provisions, make other technical changes.
  • Attachment A to the ES contains an outline of these minor and technical amendments.
  • Includes amendments to Corporations regulations 2001; Superannuation industry (supervision) regulations 1994; as well as Taxation administration regulations 2017.
  • Consultation End
  • The comment period for this consultation closes on Oct. 11, 2024.
  • Dec. 2024 Amendments Issued
  • On Dec. 9, 2024, AST GVT issued technical amendments to the Treasury portfolio regulations covering corporations, superannuation and taxation laws, titled Treasury laws amendment (miscellaneous and technical amendments no. 2) regulations 2024.
  • It also published an explanatory statement on the same date for the above regulation.
  • Removes exemption that allowed trustees to supply business loans to employers; excludes transition to retirement income streams from trustee-directed product definition, aligning with AST APRA's current relevant performance testing practices.
  • Updates obligations for actuaries and auditors of superannuation entities, including revising requirements for forming opinions, expanding provisions to include lead auditors of audit firms, and updating the relevant financial reporting requirements.
  • Clarifies trustees' duty to notify regulators of significant adverse events occurring.
  • Updates references to Northern Territory legislation in Corporations regulations and makes editorial amendments to various schedules, as well as updates the name of Shadow Economy Taskforce in regulations allowing disclosure of protected information.
  • Part 1 commences Dec. 10, 2024, part 2 commences first day of next quarter after registration, and part 3 commences Jan. 9, 2025.
  • Jan. 2025 Additional Compilation Registered
  • On Jan. 6, 2025, AST GVT registered compilation no. 16 of Taxation administration regulations 2017, which reflects amendments that are set out within the Treasury laws amendment (miscellaneous and technical amendments no. 2) regulations 2024 above.
  • Compilation shows the text of the law as amended and in force on Jan. 1, 2025.
  • In Jan. 2025, AST GVT proposed miscellaneous amendments to laws, see #240873.
Regulators
AST GVT
Entity Types
Auditor; Corp; Inv Co; Pension
Reference
RF F2025C00013 (C16), 1/6/2025; RF F2024L01610, 12/9/2024; CP, PR 9/27/2024; Citation: Foreign acquisitions and takeovers act 1975; Superannuation industry (supervision) regulations 1994; Income tax assessment act 1997; ASTCA; Corporations regulations 2001; Australian Securities and Investments Commission act 2001; Taxation administration regulations 2017; Treasury laws amendment (miscellaneous and technical amendments no. 2) regulations 2024;
Functions
Accounting; Compliance; Financial; Legal; Product Administration; Reporting; Tax; Treasury
Countries
Australia; Cross-Border
Category
Central Government
State
N/A
Products
Corporate; Equity; Fund Mgt; Pensions
Rule Type
Final
Regions
AP
Rule Date
Sep 27, 2024
Effective Date
Jan 9, 2025
Rule ID
227539
Linked to
Reg. Last Update
Jan 6, 2025
Report Section
International