Most asked questions about unrealised capital gains tax
Labor's attempt to tax unrealised capital gains in super has resulted in an avalanche of emails. Today we'll look at some of the most asked questions.
Question: Regarding the proposed extra tax on earnings for super balances over $3 million - I agree taxing unrealised capital gains is a major concern and a complete shift from established principles.
I thought any tax paid on unrealised gains would at least offset CGT when the asset is sold. But your article says otherwise:
"When you do eventually sell those assets and realise a profit, you will pay capital gains tax. And no, there is no credit for the tax you have already paid on the unrealised gains ..."
Is that really correct? Surely there must be either a credit for tax already paid, or at least a cost base adjustment for the amount taxed.
Answer: You need to keep in mind that the tax on unrealised capital gains is calculated by taking the difference between the opening and closing values - adjusted for withdrawals and contributions for the financial year ending 30 June 2026. This is simply a method of calculation. It does not alter your cost base for capital gains tax purposes.
In other words, when assets in your fund are eventually sold, normal CGT rules will still apply.
Taxation of specific assets within your fund is an entirely separate issue from the government's decision to levy a tax on the difference in valuations.
Question: I understand the Transfer Balance Cap (TBC) is $1.9 million for 2024-25, increasing to $2 million from 1 July 2025. Amounts transferred above this cap are taxed at 15 per cent. Given this, individuals with $3 million in the accumulation phase already face a 15 per cent tax on earnings.
If the government's proposed legislation passes, will it impose an additional 15 per cent tax on earnings above $3 million, effectively bringing the tax rate to 30 per cent?
Or will the new tax apply only to the portion of the super balance exceeding $3 million that remains in accumulation?
Additionally, how does this proposed tax interact with the existing lifetime TBC?
Answer. The transfer balance cap is simply a mechanism to limit how much can be transferred into pension phase within superannuation. It's unaffected by the proposed changes.
An example may help: suppose you have $3.6 million in super - $2 million in pension phase and $1.6 million in accumulation - at 30 June 2026.
If your total balance then rises to $4 million, the increase is $400,000. However, only $1 million is above the $3 million threshold, so just 25 per cent of the gain is taxable. That means the proposed tax of 15 per cent would apply on $100,000, resulting in a $15,000 tax bill.
Question: I'm concerned about the proposal to tax unrealised capital gains in my super.
If the fund holds franked shares, my understanding is that franking credits are refunded because tax has already been paid at the company level.
If so, how can a franking refund be included in the year-end balance as a "contribution"? Shouldn't it be excluded from the new tax calculation?
Answer: That's not quite how franking works.
When a fund receives a franked dividend, the statement shows the cash dividend and the franking credit.
The credit isn't a contribution - it's a tax offset that forms part of taxable income.
It's used to reduce tax payable, and any excess is refunded. These amounts either boost the fund's bank balance or reduce its tax, improving its net position. It's not double taxation-it's what prevents it.
Question: Is it possible for a self managed super fund in pension mode to meet the minimum annual drawdown for one partner, while keeping the remaining balance in accumulation, and later rolling it over into pension mode to take advantage of the upcoming $2 million transfer balance cap? The SMSF currently holds $1.9 million per member, with additional funds in accumulation.
Answer: You can keep funds in accumulation mode indefinitely, but to move them into pension mode, you must comply with the transfer balance cap (TBC). If you have already used your full TBC , which is highly possible given that your SMSF pension balances are now $1.9 million each, you cannot transfer additional funds into pension mode. However, if you have any unused portion of your TBC, you can roll more funds into pension mode. Your current TBC can be found at myGov.
Question: I have seen your advice to value household effects at garage sale prices for the purpose of assessing the value of assets when applying for an age pension. Does that apply to antiques? How should we go about valuing antiques that have been in the family for many years?
Answer: Regan Welburn of My Pension Manager advises that antiques should be valued by the customer at their current market value. Since this can be subjective, one approach is to consider how much you would be willing to sell the item for today or how much you would insure it for. If there is uncertainty, a professional valuation may be worthwhile. This not only helps establish a fair market value for pension purposes but also provides an accurate figure for insurance coverage
Question: I recently read your article RE: Clearance Certificates. In the article you state "the process is free". I logged into the ATO yesterday and it says the cost is $99.00 Inc GST for each certificate. My wife and I both need one, so this makes the cost $198.00 Inc GST. Can you shed any light on this?
Answer: Applying for a certificate from the ATO is free. However, if you type "foreign resident capital gains withholding" into a search engine, some of the top results are commercial operators who will "assist" you with your application for a fee. For example my search engine presents the following as the top search result: https://cgtclearance.com.au/
The relevant ATO weblink for the form is: https://www.ato.gov.au/forms-and-instructions/capital-gains-withholding-clearance-certificate-for-australian-residents-online-application That's the one that should be used if the taxpayers don't wish to pay.
Labor's attempt to tax unrealised capital gains in super has resulted in an avalanche of emails. Today we'll look at some of the most asked questions.
Question: Regarding the proposed extra tax on earnings for super balances over $3 million - I agree taxing unrealised capital gains is a major concern and a complete shift from established principles.
I thought any tax paid on unrealised gains would at least offset CGT when the asset is sold. But your article says otherwise:
"When you do eventually sell those assets and realise a profit, you will pay capital gains tax. And no, there is no credit for the tax you have already paid on the unrealised gains ..."
Is that really correct? Surely there must be either a credit for tax already paid, or at least a cost base adjustment for the amount taxed.
Answer: You need to keep in mind that the tax on unrealised capital gains is calculated by taking the difference between the opening and closing values - adjusted for withdrawals and contributions for the financial year ending 30 June 2026. This is simply a method of calculation. It does not alter your cost base for capital gains tax purposes.
In other words, when assets in your fund are eventually sold, normal CGT rules will still apply.
Taxation of specific assets within your fund is an entirely separate issue from the government's decision to levy a tax on the difference in valuations.
Question: I understand the Transfer Balance Cap (TBC) is $1.9 million for 2024-25, increasing to $2 million from 1 July 2025. Amounts transferred above this cap are taxed at 15 per cent. Given this, individuals with $3 million in the accumulation phase already face a 15 per cent tax on earnings.
If the government's proposed legislation passes, will it impose an additional 15 per cent tax on earnings above $3 million, effectively bringing the tax rate to 30 per cent?
Or will the new tax apply only to the portion of the super balance exceeding $3 million that remains in accumulation?
Additionally, how does this proposed tax interact with the existing lifetime TBC?
Answer. The transfer balance cap is simply a mechanism to limit how much can be transferred into pension phase within superannuation. It's unaffected by the proposed changes.
An example may help: suppose you have $3.6 million in super - $2 million in pension phase and $1.6 million in accumulation - at 30 June 2026.
If your total balance then rises to $4 million, the increase is $400,000. However, only $1 million is above the $3 million threshold, so just 25 per cent of the gain is taxable. That means the proposed tax of 15 per cent would apply on $100,000, resulting in a $15,000 tax bill.
Question: I'm concerned about the proposal to tax unrealised capital gains in my super.
If the fund holds franked shares, my understanding is that franking credits are refunded because tax has already been paid at the company level.
If so, how can a franking refund be included in the year-end balance as a "contribution"? Shouldn't it be excluded from the new tax calculation?
Answer: That's not quite how franking works.
When a fund receives a franked dividend, the statement shows the cash dividend and the franking credit.
The credit isn't a contribution - it's a tax offset that forms part of taxable income.
It's used to reduce tax payable, and any excess is refunded. These amounts either boost the fund's bank balance or reduce its tax, improving its net position. It's not double taxation-it's what prevents it.
Question: Is it possible for a self managed super fund in pension mode to meet the minimum annual drawdown for one partner, while keeping the remaining balance in accumulation, and later rolling it over into pension mode to take advantage of the upcoming $2 million transfer balance cap? The SMSF currently holds $1.9 million per member, with additional funds in accumulation.
Answer: You can keep funds in accumulation mode indefinitely, but to move them into pension mode, you must comply with the transfer balance cap (TBC). If you have already used your full TBC , which is highly possible given that your SMSF pension balances are now $1.9 million each, you cannot transfer additional funds into pension mode. However, if you have any unused portion of your TBC, you can roll more funds into pension mode. Your current TBC can be found at myGov.
Question: I have seen your advice to value household effects at garage sale prices for the purpose of assessing the value of assets when applying for an age pension. Does that apply to antiques? How should we go about valuing antiques that have been in the family for many years?
Answer: Regan Welburn of My Pension Manager advises that antiques should be valued by the customer at their current market value. Since this can be subjective, one approach is to consider how much you would be willing to sell the item for today or how much you would insure it for. If there is uncertainty, a professional valuation may be worthwhile. This not only helps establish a fair market value for pension purposes but also provides an accurate figure for insurance coverage
Question: I recently read your article RE: Clearance Certificates. In the article you state "the process is free". I logged into the ATO yesterday and it says the cost is $99.00 Inc GST for each certificate. My wife and I both need one, so this makes the cost $198.00 Inc GST. Can you shed any light on this?
Answer: Applying for a certificate from the ATO is free. However, if you type "foreign resident capital gains withholding" into a search engine, some of the top results are commercial operators who will "assist" you with your application for a fee. For example my search engine presents the following as the top search result: https://cgtclearance.com.au/
The relevant ATO weblink for the form is: https://www.ato.gov.au/forms-and-instructions/capital-gains-withholding-clearance-certificate-for-australian-residents-online-application That's the one that should be used if the taxpayers don't wish to pay.
Labor's attempt to tax unrealised capital gains in super has resulted in an avalanche of emails. Today we'll look at some of the most asked questions.
Question: Regarding the proposed extra tax on earnings for super balances over $3 million - I agree taxing unrealised capital gains is a major concern and a complete shift from established principles.
I thought any tax paid on unrealised gains would at least offset CGT when the asset is sold. But your article says otherwise:
"When you do eventually sell those assets and realise a profit, you will pay capital gains tax. And no, there is no credit for the tax you have already paid on the unrealised gains ..."
Is that really correct? Surely there must be either a credit for tax already paid, or at least a cost base adjustment for the amount taxed.
Answer: You need to keep in mind that the tax on unrealised capital gains is calculated by taking the difference between the opening and closing values - adjusted for withdrawals and contributions for the financial year ending 30 June 2026. This is simply a method of calculation. It does not alter your cost base for capital gains tax purposes.
In other words, when assets in your fund are eventually sold, normal CGT rules will still apply.
Taxation of specific assets within your fund is an entirely separate issue from the government's decision to levy a tax on the difference in valuations.
Question: I understand the Transfer Balance Cap (TBC) is $1.9 million for 2024-25, increasing to $2 million from 1 July 2025. Amounts transferred above this cap are taxed at 15 per cent. Given this, individuals with $3 million in the accumulation phase already face a 15 per cent tax on earnings.
If the government's proposed legislation passes, will it impose an additional 15 per cent tax on earnings above $3 million, effectively bringing the tax rate to 30 per cent?
Or will the new tax apply only to the portion of the super balance exceeding $3 million that remains in accumulation?
Additionally, how does this proposed tax interact with the existing lifetime TBC?
Answer. The transfer balance cap is simply a mechanism to limit how much can be transferred into pension phase within superannuation. It's unaffected by the proposed changes.
An example may help: suppose you have $3.6 million in super - $2 million in pension phase and $1.6 million in accumulation - at 30 June 2026.
If your total balance then rises to $4 million, the increase is $400,000. However, only $1 million is above the $3 million threshold, so just 25 per cent of the gain is taxable. That means the proposed tax of 15 per cent would apply on $100,000, resulting in a $15,000 tax bill.
Question: I'm concerned about the proposal to tax unrealised capital gains in my super.
If the fund holds franked shares, my understanding is that franking credits are refunded because tax has already been paid at the company level.
If so, how can a franking refund be included in the year-end balance as a "contribution"? Shouldn't it be excluded from the new tax calculation?
Answer: That's not quite how franking works.
When a fund receives a franked dividend, the statement shows the cash dividend and the franking credit.
The credit isn't a contribution - it's a tax offset that forms part of taxable income.
It's used to reduce tax payable, and any excess is refunded. These amounts either boost the fund's bank balance or reduce its tax, improving its net position. It's not double taxation-it's what prevents it.
Question: Is it possible for a self managed super fund in pension mode to meet the minimum annual drawdown for one partner, while keeping the remaining balance in accumulation, and later rolling it over into pension mode to take advantage of the upcoming $2 million transfer balance cap? The SMSF currently holds $1.9 million per member, with additional funds in accumulation.
Answer: You can keep funds in accumulation mode indefinitely, but to move them into pension mode, you must comply with the transfer balance cap (TBC). If you have already used your full TBC , which is highly possible given that your SMSF pension balances are now $1.9 million each, you cannot transfer additional funds into pension mode. However, if you have any unused portion of your TBC, you can roll more funds into pension mode. Your current TBC can be found at myGov.
Question: I have seen your advice to value household effects at garage sale prices for the purpose of assessing the value of assets when applying for an age pension. Does that apply to antiques? How should we go about valuing antiques that have been in the family for many years?
Answer: Regan Welburn of My Pension Manager advises that antiques should be valued by the customer at their current market value. Since this can be subjective, one approach is to consider how much you would be willing to sell the item for today or how much you would insure it for. If there is uncertainty, a professional valuation may be worthwhile. This not only helps establish a fair market value for pension purposes but also provides an accurate figure for insurance coverage
Question: I recently read your article RE: Clearance Certificates. In the article you state "the process is free". I logged into the ATO yesterday and it says the cost is $99.00 Inc GST for each certificate. My wife and I both need one, so this makes the cost $198.00 Inc GST. Can you shed any light on this?
Answer: Applying for a certificate from the ATO is free. However, if you type "foreign resident capital gains withholding" into a search engine, some of the top results are commercial operators who will "assist" you with your application for a fee. For example my search engine presents the following as the top search result: https://cgtclearance.com.au/
The relevant ATO weblink for the form is: https://www.ato.gov.au/forms-and-instructions/capital-gains-withholding-clearance-certificate-for-australian-residents-online-application That's the one that should be used if the taxpayers don't wish to pay.
Labor's attempt to tax unrealised capital gains in super has resulted in an avalanche of emails. Today we'll look at some of the most asked questions.
Question: Regarding the proposed extra tax on earnings for super balances over $3 million - I agree taxing unrealised capital gains is a major concern and a complete shift from established principles.
I thought any tax paid on unrealised gains would at least offset CGT when the asset is sold. But your article says otherwise:
"When you do eventually sell those assets and realise a profit, you will pay capital gains tax. And no, there is no credit for the tax you have already paid on the unrealised gains ..."
Is that really correct? Surely there must be either a credit for tax already paid, or at least a cost base adjustment for the amount taxed.
Answer: You need to keep in mind that the tax on unrealised capital gains is calculated by taking the difference between the opening and closing values - adjusted for withdrawals and contributions for the financial year ending 30 June 2026. This is simply a method of calculation. It does not alter your cost base for capital gains tax purposes.
In other words, when assets in your fund are eventually sold, normal CGT rules will still apply.
Taxation of specific assets within your fund is an entirely separate issue from the government's decision to levy a tax on the difference in valuations.
Question: I understand the Transfer Balance Cap (TBC) is $1.9 million for 2024-25, increasing to $2 million from 1 July 2025. Amounts transferred above this cap are taxed at 15 per cent. Given this, individuals with $3 million in the accumulation phase already face a 15 per cent tax on earnings.
If the government's proposed legislation passes, will it impose an additional 15 per cent tax on earnings above $3 million, effectively bringing the tax rate to 30 per cent?
Or will the new tax apply only to the portion of the super balance exceeding $3 million that remains in accumulation?
Additionally, how does this proposed tax interact with the existing lifetime TBC?
Answer. The transfer balance cap is simply a mechanism to limit how much can be transferred into pension phase within superannuation. It's unaffected by the proposed changes.
An example may help: suppose you have $3.6 million in super - $2 million in pension phase and $1.6 million in accumulation - at 30 June 2026.
If your total balance then rises to $4 million, the increase is $400,000. However, only $1 million is above the $3 million threshold, so just 25 per cent of the gain is taxable. That means the proposed tax of 15 per cent would apply on $100,000, resulting in a $15,000 tax bill.
Question: I'm concerned about the proposal to tax unrealised capital gains in my super.
If the fund holds franked shares, my understanding is that franking credits are refunded because tax has already been paid at the company level.
If so, how can a franking refund be included in the year-end balance as a "contribution"? Shouldn't it be excluded from the new tax calculation?
Answer: That's not quite how franking works.
When a fund receives a franked dividend, the statement shows the cash dividend and the franking credit.
The credit isn't a contribution - it's a tax offset that forms part of taxable income.
It's used to reduce tax payable, and any excess is refunded. These amounts either boost the fund's bank balance or reduce its tax, improving its net position. It's not double taxation-it's what prevents it.
Question: Is it possible for a self managed super fund in pension mode to meet the minimum annual drawdown for one partner, while keeping the remaining balance in accumulation, and later rolling it over into pension mode to take advantage of the upcoming $2 million transfer balance cap? The SMSF currently holds $1.9 million per member, with additional funds in accumulation.
Answer: You can keep funds in accumulation mode indefinitely, but to move them into pension mode, you must comply with the transfer balance cap (TBC). If you have already used your full TBC , which is highly possible given that your SMSF pension balances are now $1.9 million each, you cannot transfer additional funds into pension mode. However, if you have any unused portion of your TBC, you can roll more funds into pension mode. Your current TBC can be found at myGov.
Question: I have seen your advice to value household effects at garage sale prices for the purpose of assessing the value of assets when applying for an age pension. Does that apply to antiques? How should we go about valuing antiques that have been in the family for many years?
Answer: Regan Welburn of My Pension Manager advises that antiques should be valued by the customer at their current market value. Since this can be subjective, one approach is to consider how much you would be willing to sell the item for today or how much you would insure it for. If there is uncertainty, a professional valuation may be worthwhile. This not only helps establish a fair market value for pension purposes but also provides an accurate figure for insurance coverage
Question: I recently read your article RE: Clearance Certificates. In the article you state "the process is free". I logged into the ATO yesterday and it says the cost is $99.00 Inc GST for each certificate. My wife and I both need one, so this makes the cost $198.00 Inc GST. Can you shed any light on this?
Answer: Applying for a certificate from the ATO is free. However, if you type "foreign resident capital gains withholding" into a search engine, some of the top results are commercial operators who will "assist" you with your application for a fee. For example my search engine presents the following as the top search result: https://cgtclearance.com.au/
The relevant ATO weblink for the form is: https://www.ato.gov.au/forms-and-instructions/capital-gains-withholding-clearance-certificate-for-australian-residents-online-application That's the one that should be used if the taxpayers don't wish to pay.
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Proposed law change protects questionable pub jokes
Telling a questionable joke at a pub will not land people before an anti-discrimination complaints hearing under a territory's proposed new laws. Attorney-General Marie-Clare Boothby has defended the Northern Territory government's planned anti-discrimination laws to be introduced to parliament in July. At an estimates hearing on Monday, she rejected accusations from shadow attorney-general Chansey Paech that the planned laws "watered down" protections for people offended by comments made about them. Ms Boothby said her government was restoring "fairness and common sense" to laws that went too far when the previous Labor government revised them in 2022. The proposed laws remove "vague" terms such as "offend" and "insult". They will be replaced with clearer terms to prohibit conduct that "incites hatred, serious contempt or severe ridicule" based on personal attributes such as race, sexuality, gender identity, religion and more. "It's still a strong measure of anti-vilification, so we don't put up with that kind of behaviour," Ms Boothby said. "Any kind of hate speech is not acceptable in our community." The attorney-general said the new laws also restored protections for religious schools, allowing them to hire staff who upheld their faith while protecting against discrimination based on race, sexuality or gender. Territorians wanted their freedom to enjoy the territory lifestyle, she said. "It's not just having a joke at the pub that's going to land you in front of a hearing," Ms Boothby said. "We want something that's more serious than that. "We still want to be able to tell a joke. We still want to have freedom of speech debates." It was a case of restoring balance and ensuring the law did not overreach into everyday conversations, religious freedoms, or basic rights to express an opinion, Ms Boothby said. The government consulted religious and multicultural groups, sex workers, LGBTQI groups, the anti-discrimination commissioner and others on the new laws. The proposed legislation was in line with changes made in other Australian jurisdictions, the attorney-general said. The estimates hearing was told the office of the NT Anti-Discrimination Commissioner had a budget cut for 2025/26 of $269,000 to $1.65 million. Commissioner Jeswynn Yogaratnam told the hearing his office received up to 300 complaints a year but only had two complaints officers amid a large backlog of cases. He said only three of 46 vilification complaints this financial year had been accepted in relation to race, religious belief, gender identity and disability. Complaints were assessed as to whether they were trivial, vexatious or had no grounds, while those that proceeded were subject to a high-threshold objective standard of assessment, Mr Yogaratnam said. "So things like your jokes at the pub would not amount to vilification in the context of the way in which we assess it. "Clearly if that joke is one that incites hatred in relation to one of the 24 protected attributes like race, gender identity, disability, then that would be something we would need to consider." Any other version of the NT's vilification provision "would be watering it down" because it was the strongest vilification law in Australia, he said. Telling a questionable joke at a pub will not land people before an anti-discrimination complaints hearing under a territory's proposed new laws. Attorney-General Marie-Clare Boothby has defended the Northern Territory government's planned anti-discrimination laws to be introduced to parliament in July. At an estimates hearing on Monday, she rejected accusations from shadow attorney-general Chansey Paech that the planned laws "watered down" protections for people offended by comments made about them. Ms Boothby said her government was restoring "fairness and common sense" to laws that went too far when the previous Labor government revised them in 2022. The proposed laws remove "vague" terms such as "offend" and "insult". They will be replaced with clearer terms to prohibit conduct that "incites hatred, serious contempt or severe ridicule" based on personal attributes such as race, sexuality, gender identity, religion and more. "It's still a strong measure of anti-vilification, so we don't put up with that kind of behaviour," Ms Boothby said. "Any kind of hate speech is not acceptable in our community." The attorney-general said the new laws also restored protections for religious schools, allowing them to hire staff who upheld their faith while protecting against discrimination based on race, sexuality or gender. Territorians wanted their freedom to enjoy the territory lifestyle, she said. "It's not just having a joke at the pub that's going to land you in front of a hearing," Ms Boothby said. "We want something that's more serious than that. "We still want to be able to tell a joke. We still want to have freedom of speech debates." It was a case of restoring balance and ensuring the law did not overreach into everyday conversations, religious freedoms, or basic rights to express an opinion, Ms Boothby said. The government consulted religious and multicultural groups, sex workers, LGBTQI groups, the anti-discrimination commissioner and others on the new laws. The proposed legislation was in line with changes made in other Australian jurisdictions, the attorney-general said. The estimates hearing was told the office of the NT Anti-Discrimination Commissioner had a budget cut for 2025/26 of $269,000 to $1.65 million. Commissioner Jeswynn Yogaratnam told the hearing his office received up to 300 complaints a year but only had two complaints officers amid a large backlog of cases. He said only three of 46 vilification complaints this financial year had been accepted in relation to race, religious belief, gender identity and disability. Complaints were assessed as to whether they were trivial, vexatious or had no grounds, while those that proceeded were subject to a high-threshold objective standard of assessment, Mr Yogaratnam said. "So things like your jokes at the pub would not amount to vilification in the context of the way in which we assess it. "Clearly if that joke is one that incites hatred in relation to one of the 24 protected attributes like race, gender identity, disability, then that would be something we would need to consider." Any other version of the NT's vilification provision "would be watering it down" because it was the strongest vilification law in Australia, he said. Telling a questionable joke at a pub will not land people before an anti-discrimination complaints hearing under a territory's proposed new laws. Attorney-General Marie-Clare Boothby has defended the Northern Territory government's planned anti-discrimination laws to be introduced to parliament in July. At an estimates hearing on Monday, she rejected accusations from shadow attorney-general Chansey Paech that the planned laws "watered down" protections for people offended by comments made about them. Ms Boothby said her government was restoring "fairness and common sense" to laws that went too far when the previous Labor government revised them in 2022. The proposed laws remove "vague" terms such as "offend" and "insult". They will be replaced with clearer terms to prohibit conduct that "incites hatred, serious contempt or severe ridicule" based on personal attributes such as race, sexuality, gender identity, religion and more. "It's still a strong measure of anti-vilification, so we don't put up with that kind of behaviour," Ms Boothby said. "Any kind of hate speech is not acceptable in our community." The attorney-general said the new laws also restored protections for religious schools, allowing them to hire staff who upheld their faith while protecting against discrimination based on race, sexuality or gender. Territorians wanted their freedom to enjoy the territory lifestyle, she said. "It's not just having a joke at the pub that's going to land you in front of a hearing," Ms Boothby said. "We want something that's more serious than that. "We still want to be able to tell a joke. We still want to have freedom of speech debates." It was a case of restoring balance and ensuring the law did not overreach into everyday conversations, religious freedoms, or basic rights to express an opinion, Ms Boothby said. The government consulted religious and multicultural groups, sex workers, LGBTQI groups, the anti-discrimination commissioner and others on the new laws. The proposed legislation was in line with changes made in other Australian jurisdictions, the attorney-general said. The estimates hearing was told the office of the NT Anti-Discrimination Commissioner had a budget cut for 2025/26 of $269,000 to $1.65 million. Commissioner Jeswynn Yogaratnam told the hearing his office received up to 300 complaints a year but only had two complaints officers amid a large backlog of cases. He said only three of 46 vilification complaints this financial year had been accepted in relation to race, religious belief, gender identity and disability. Complaints were assessed as to whether they were trivial, vexatious or had no grounds, while those that proceeded were subject to a high-threshold objective standard of assessment, Mr Yogaratnam said. "So things like your jokes at the pub would not amount to vilification in the context of the way in which we assess it. "Clearly if that joke is one that incites hatred in relation to one of the 24 protected attributes like race, gender identity, disability, then that would be something we would need to consider." Any other version of the NT's vilification provision "would be watering it down" because it was the strongest vilification law in Australia, he said. Telling a questionable joke at a pub will not land people before an anti-discrimination complaints hearing under a territory's proposed new laws. Attorney-General Marie-Clare Boothby has defended the Northern Territory government's planned anti-discrimination laws to be introduced to parliament in July. At an estimates hearing on Monday, she rejected accusations from shadow attorney-general Chansey Paech that the planned laws "watered down" protections for people offended by comments made about them. Ms Boothby said her government was restoring "fairness and common sense" to laws that went too far when the previous Labor government revised them in 2022. The proposed laws remove "vague" terms such as "offend" and "insult". They will be replaced with clearer terms to prohibit conduct that "incites hatred, serious contempt or severe ridicule" based on personal attributes such as race, sexuality, gender identity, religion and more. "It's still a strong measure of anti-vilification, so we don't put up with that kind of behaviour," Ms Boothby said. "Any kind of hate speech is not acceptable in our community." The attorney-general said the new laws also restored protections for religious schools, allowing them to hire staff who upheld their faith while protecting against discrimination based on race, sexuality or gender. Territorians wanted their freedom to enjoy the territory lifestyle, she said. "It's not just having a joke at the pub that's going to land you in front of a hearing," Ms Boothby said. "We want something that's more serious than that. "We still want to be able to tell a joke. We still want to have freedom of speech debates." It was a case of restoring balance and ensuring the law did not overreach into everyday conversations, religious freedoms, or basic rights to express an opinion, Ms Boothby said. The government consulted religious and multicultural groups, sex workers, LGBTQI groups, the anti-discrimination commissioner and others on the new laws. The proposed legislation was in line with changes made in other Australian jurisdictions, the attorney-general said. The estimates hearing was told the office of the NT Anti-Discrimination Commissioner had a budget cut for 2025/26 of $269,000 to $1.65 million. Commissioner Jeswynn Yogaratnam told the hearing his office received up to 300 complaints a year but only had two complaints officers amid a large backlog of cases. He said only three of 46 vilification complaints this financial year had been accepted in relation to race, religious belief, gender identity and disability. Complaints were assessed as to whether they were trivial, vexatious or had no grounds, while those that proceeded were subject to a high-threshold objective standard of assessment, Mr Yogaratnam said. "So things like your jokes at the pub would not amount to vilification in the context of the way in which we assess it. "Clearly if that joke is one that incites hatred in relation to one of the 24 protected attributes like race, gender identity, disability, then that would be something we would need to consider." Any other version of the NT's vilification provision "would be watering it down" because it was the strongest vilification law in Australia, he said.
West Australian
2 hours ago
- West Australian
Rita Saffioti refuses to deny that State Government will dump power bill credits
WA's economy is in 'very different' environment compared to when the State Government started rolling out power bill credits three years ago, Rita Saffioti believes, as she prepares to hand down a budget without the cost of living measure. Ahead of Thursday's State Budget — Labor's first since the election — the Treasurer refused to be drawn on continued speculation the Government was intending to dump the $400 electricity bill credits after three years. Asked on Monday whether she had considered weaning households off the credit with a reduced discount from July, Ms Saffioti said the Government 'considered all aspects in relation to budget considerations'. 'You have to look at the environment in which we're operating in. In 2022, we were experiencing inflation rates of over 6 per cent to 8 per cent,' she said. 'That was a very, very different environment. So you always have to consider the environment in which you're operating in and making sure we continue to invest in key aspects of the economy. 'There is a Commonwealth energy relief that's coming through the energy rebate that we pay through the state system of $150 but we continually look at all different aspects of cost of living.' Ms Saffioti said she recognised families were still facing pressures on household budgets. 'That's why we continue to outline key, key measures like the Student Assistance Payment, other initiatives such as supporting new housing supply,' she said. 'There's a whole range of initiatives that go to support people in relation to managing their household budgets. 'We constantly monitor the environment, and we make a range of decisions to make sure we can support households.' It comes after The West revealed last week families were facing a 50 per cent increase in their annual power bills from July, with the Government mooted to be dumping the energy bill credit. In the lead up to this year's dual State and Federal elections, both governments forked out electricity bill relief in the form of the power rebates of $400 and $300 respectively. Despite the Federal Government's decision to extend their $150 power bill rebate program for the last six months of this year, WA Labor's end to credits will mean households have to pay an extra $550 in the year from July. That, coupled with the 2.8 per cent increase, mean the average household modelled in the State Budget will see power prices rise from $1200 to more than $1800.
West Australian
7 hours ago
- West Australian
Keystart: State Government's lender introduces new loans, schemes to help get more West Aussies into housing
Home buyers will have access to a range of new loans and shared equity schemes in a fresh bid by the Government to get more West Australians into housing. On Monday, the State Government's lender, Keystart, introduced several new programs, including a dedicated loan for modular construction, amid a tepid take up from banks and other mortgagees to offer products. As part of the announcement, promised by Labor at the State Election, borrowers will be offered low-deposit loans with additional progress payments to support builders and improve access to the new building style. The Government has also unveiled a new shared equity scheme to allow low or middle-income households to buy into a medium or high-density development. Keystart will take up to 35 per cent of a property's value to a maximum of $250,000 to support new buyers. Housing and Works Minister John Carey said he hoped the new dedicated modular products would make the construction method more viable for local buyers. 'I would like as many West Australians to take up modular homes. It's still fair to say that while we've seen significant growth in modular we still, as a state, across the board, have a fixation with double brick,' he said. 'There will still be some hesitation, but I hope this enables people to think about it as a serious option.' Master Builders WA chief executive Matthew Pollock welcomed the announcement as a major boost for the local industry. 'With significant ongoing market challenges and cost of living pressures, these challenges have continued to make it difficult for many home buyers. 'The new low deposit modular loan product is a fantastic initiative, as modular construction continues to become a more popular choice for many, especially in regional WA. 'And in having additional progress payments made available will greatly assist builders in their cashflow, helping sustain and grow industry capacity.' It comes ahead of Keystart being transformed into a government trading enterprise as of next month, with Labor announcing former minister Sue Ellery would join the board, which would be chaired by former Under Treasurer Michael Barnes.
