+61 (3) 5911 7000 +61 (3) 5911 7000

Up to 10 years in prison for deliberate ‘wage theft’

HomeInsights

Up to 10 years in prison for deliberate ‘wage theft’.


Legislation currently being debated in Parliament will introduce a new criminal offence for intentional “wage theft”. If enacted, in addition to the criminal offence, a fine will apply.  


The fine is three times the underpayment and:

  • For individuals - 5,000 penalty units (currently $1,565,000).
  • For businesses - 25,000 penalty units (currently $7,825,000).


The reforms are not intended to capture unintentional mistakes and a compliance ‘safe harbour’ will be introduced by the Fair Work Ombudsman for small businesses.

In addition to addressing wage theft, the Bill also seeks to:

  • Replace the definition of a ‘casual employee’ and create a pathway to permanent work.
  • Change the test for ‘sham contracting’ from a test of ‘recklessness’ to ‘reasonableness.’
  • Bolster the powers of the Fair Work Commission including the ability to set minimum standards for ‘employee-like’ workers including those in the gig economy.
  • Introduce a new offence of “industrial manslaughter” in the Work Health and Safety Act 2011.


What happens when a trust appoints income to a private company beneficiary but does not actually make the payment?

The tax treatment of this unpaid amount was at the centre of a recent case before the Administrative Appeals Tribunal (AAT) that saw a taxpayer successfully challenge the ATO’s long held position (Bendel and Commissioner of Taxation [2023] AATA 3074). For many years, the ATO’s position has been that if a trust appoints income to a private company beneficiary but does not actually make the payment, this unpaid amount can be treated as a loan. Under Division 7A of the tax rules, these loans can be taxed as unfranked dividends unless they are managed using a complying loan agreement with annual principal and interest repayments.

This AAT decision challenges an important ATO position, with the tax outcomes being potentially significant for trust clients that currently owe (or may have owed in the past) unpaid trust entitlements to related private companies.

But this is not the end of this story. On 26 October 2023, the Tax Commissioner lodged a notice of appeal to the Federal Court. There is no guarantee that the Federal Court will reach the same conclusion as the AAT. We will need to wait and see.

Let's work together.

We want our people to be the best they can be.


CONTACT US  CONTACT US 



Skybots: Practical AI and Agentic Workflows Training Course GOLD COAST 3-4 Dec, 2026

AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and Productivity.

Join SkyBots’ 2-day Workshop in GOLD COAST with automation expert Daryl Aw to revolutionise your workflow using cutting-edge Agentic AI tools including Chat GPT, Claude, CoPilot and Gemini. This workshop is built for accountants, bookkeepers, finance teams, and business owners who want to move beyond basic prompts and turn AI into a reliable, ethical, and practical system for everyday work.


Skybots: Practical AI and Agentic Workflows Training Course MORNINGTON 30 Nov - 1 Dec, 2026

AI-Enhanced Automation for Accounting and Finance Professionals: Leveraging ChatGPT, Copilot & Claude for Innovation and Productivity.

Join SkyBots’ 2-day Workshop in MORNINGTON with automation expert Daryl Aw to revolutionise your workflow using cutting-edge Agentic AI tools including Chat GPT, Claude, CoPilot and Gemini. This workshop is built for accountants, bookkeepers, finance teams, and business owners who want to move beyond basic prompts and turn AI into a reliable, ethical, and practical system for everyday work.


The Critical-5 Financial Metrics That Drive Business Performance

Lunch & Learn Workshop // 18 September, 2026 - 12:00 - 1:30pm
$35pp includes lunch

Many business owners believe growth comes from more sales. But in reality, the strongest and most profitable businesses grow by improving how the business works, not just by selling more. This session is designed to change that. The 5-Critical Financial Metrics is a practical workshop that shows you where small, targeted changes can create disproportionately big improvements in profit, cashflow and sustainability.


Live Workshop: Finance Ready So Banks say YES

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Friday 31 August, 4:00pm-6:00pm
Join our practical, educational workshop designed to help business owners understand the lending process and in preparation for funding conversations, learn how lending decisions are really made and what banks actually look for. 


Live Workshop: Know Your Numbers

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Tuesday 25 August, 10:00am-12:00pm
This practical, confidence-building session is designed to give business owners control. Know Your Numbers is a hands-on workshop created specifically for non-financial business owners who want clarity and confidence in their decision-making. 


Live Workshop: Rising Insurance and Small Business

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Monday 24 August, 5:30-7:30pm

This practical, education-first session helps business owners cut through the confusion and take back control of their business insurance decisions.


Live Workshop: AI & Automation for Small Business

MP SHIRE SMALL BUSINESS FESTIVAL / LIVE WORKSHOP
Monday 10 August, 5:30-7:30pm

This practical session, in collaboration with the Mornington Peninsula Shire as part of the Small Business Festival, helps small business owners understand AI and automation and shows how small businesses can use smarter tools to reduce manual work, improve accuracy and create more capacity for growth.


B.I.T.E Business Conference 2026

Conference // 5 August, 2026 - ALL DAY EVENT
The B.I.T.E. Business Conference 2026 is the Mornington Peninsula’s premier event for bold business owners ready to rethink what’s possible, reinvent how they operate, and reignite their growth. Hear from global keynote speakers including Grant Hackett, Andrew Griffiths and Kate Christie plus local business innovators.


Received an unexpected ASIC registration notice? Stop before you pay

Received an ASIC renewal or company review notice in the mail? Before you pay, here's how to spot third-party correspondence and avoid unnecessary costs.


A Major Change for SMSF Property Buyers

Planning to buy property through your SMSF? A key rule change from 10 August 2026 could impact your options. Understanding the deadline now may help you avoid missing an important opportunity.


Two Jobs, One Tax-Free Threshold

Working more than one job this year? You could end up paying less tax throughout the year and more at tax time. Here's why it happens and how to avoid an unexpected bill.


Negative Gearing - What Actually Changes

The headlines say negative gearing is "gone." For most investors, that is not what the new law does.


The 30% Floor on Capital Gains

From 1 July 2027, the 50% CGT discount will be replaced — for individuals, trusts and partnerships — by two mechanisms working together: indexation of the asset's cost base, and a minimum 30% tax on the resulting net gain.

outsource Elite Broker 2026

outsource Elite Broker 2026


Melbourne office tenants urged to act as supply window closes

Since the beginning of 2025, 62 per cent of occupiers leasing more than 1,000 square metres have either expanded or maintained their footprint.

Related News

3 Aug

Received an unexpected ASIC registration notice? Stop before you pay

Received an ASIC renewal or company review notice in the mail? Before you pay, here's how to spot third-party correspondence and avoid unnecessary costs.


READ MORE READ MORE
28 Jul

A Major Change for SMSF Property Buyers

Planning to buy property through your SMSF? A key rule change from 10 August 2026 could impact your options. Understanding the deadline now may help you avoid missing an important opportunity.


READ MORE READ MORE
28 Jul

Two Jobs, One Tax-Free Threshold

Working more than one job this year? You could end up paying less tax throughout the year and more at tax time. Here's why it happens and how to avoid an unexpected bill.


READ MORE READ MORE