The Federal Government is today expected to veto yesterday’s Senate amendments to its superannuation legislation which in effect clear the way for the transmission of tax-free superannuation benefits to same-sex partners.
The veto is expected to come when the legislation returns to the House of Representatives where debate is expected to take place this afternoon.
The amendments, moved by the Australian Labor Party and supported by the Australian Democrats, were passed in the Senate yesterday at the same time as the Senate supported the legislation underpinning the superannuation co-contributing deal worked out between the Government and the Australian Democrats late last month.
However the Government has signalled that it will not be supporting the same sex amendments with the Assistant Treasurer, Senator Helen Coonan’s office having suggested that the rights of same-sex couples are sufficiently recognised in existing legislation.
The Australian Democrats have welcomed the Senate’s support of both the co-contribution legislation and the same-sex amendments with the party’s spokesman on superannuation, Senator John Cherry saying the co-contribution legislation will allow low income earners to be eligible for a dollar for dollar top-up for voluntary superannuation savings to a means-tested maximum of $1,000.
However on the same sex amendments, he says “It’s now up to the Government to see it through.”
“I call on the Government to give favourable consideration to the merit of these amendments,” he says
He points out that the Democrats have also won support for amendments to recognise ‘inter-dependent’ relationships.
“This will allow other domestic relationships, such as sisters living together or children trying to leave their super to their parents to be recognised in Federal law,” Senator Cherry says.
“It is amazing that a child is able to receive their parents’ super, tax-free, upon death, but a parent cannot receive super from their child if they die,” he says.
A spokeswoman for the Opposition Spokesman on Retirement Incomes, Senator Nick Sherry says the Australian Labor Party will be seeking to have the amendments carried in the House of Representatives but is uncertain whether rejection of the same-sex amendments will lead to rejection of the co-contribution legislation when it returns to the Senate.
“Our position is clear, but we are not sure where the Democrats stand on that,” she says.
