Australia’s Department of the Treasury has released exposure draft regulations and explanatory material to support new Corporations Act restrictions on advertising superannuation products to employees during onboarding. The draft rules set the conditions and “clear and unambiguous” disclosure requirements that must be met for a limited exception allowing advertising of a MySuper product during onboarding. Under the ban, advertising remains permitted where the product is the employee’s stapled fund or the employer’s default fund, and a MySuper-only exception applies where specified criteria are met, including that the MySuper product has passed the most recent annual superannuation performance test and the advertiser is not a connected entity of the relevant registrable superannuation entity licensee. The draft regulations would require any permitted MySuper advertisement to be clearly distinguishable from information about other products and not displayed with greater prominence than information about any stapled or default fund shown to the employee, even across multiple pages or screens. Required disclosures, to be provided immediately before or at the time of the advertisement, include clear labelling as an advertisement, an explanation (where applicable) that the Australian Taxation Office has advised the employer that the stapled fund is the employee’s existing fund, disclosure of any consideration or benefit received for the advertising, links to myGov for finding and consolidating accounts and to the Australian Taxation Office’s YourSuper comparison tool, and a statement that employees should consider personal circumstances, investment strategy, performance, fees and costs, and insurance arrangements. The draft regulations would commence six months after Schedule 2 of the Treasury Laws Amendment (Supporting Choice in Superannuation and Other Measures) Act 2026 commences, and Treasury is inviting feedback on the exposure draft.
Department of Treasury (Australia) 2026-03-27
Australian Department of the Treasury consults on draft regulations implementing a ban on superannuation advertising during employee onboarding
Australia’s Treasury has issued draft regulations to enforce new Corporations Act restrictions on advertising superannuation products during employee onboarding. The regulations allow a limited exception for MySuper product advertising, requiring clear disclosure and ensuring advertisements are not more prominent than information on stapled or default funds. The draft mandates disclosures on advertisement nature, benefits received, and links to relevant tools, with implementation set for six months post-enactment of the Treasury Laws Amendment Act 2026.