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The new SMSF trustee test: what's proposed, and what isn't decided yet

Anyone setting up a new SMSF will have to complete trustee education before the fund can be registered. It's not law yet. Here's what's been announced, what's still open, and what it means if you're thinking about an SMSF.

Announced19 August 2026, by Assistant Treasurer Daniel Mulino
Applies toNew SMSFs (nothing announced so far changes existing funds)
StatusProposal only. No legislation released, no start date

Why this is happening

The collapse of the Shield and First Guardian funds hit thousands of Australians. Many were talked into rolling their super out of a big fund, often into a newly set-up SMSF, and then into high-risk investments that failed. Most had never run a super fund before and didn't understand what they were signing up for.

The Government's answer is to put checks at the point an SMSF is set up. In the minister's words, the reforms are "targeted at preventing harm, not creating red tape", and most of them "reflect practices already in place" for trustees who run their funds well.

What's been proposed

MeasureWhat it means
Trustee education before registrationYou'd have to complete education (and possibly a knowledge test) before the ATO registers a new SMSF.
ATO can pause rolloversThe ATO could block money rolling into a new SMSF while it investigates suspected fraud, financial abuse or misconduct, and share data with ASIC to spot it sooner.
Dedicated bank accountEach SMSF would need a bank account that's uniquely identifiable as the fund's.
Written investment strategy at set-upYou'd need a written investment strategy from day one. The Government is also consulting on how to improve the quality of these strategies.
Adviser disclosureA new SMSF would have to tell the ATO which financial adviser, if any, helped set it up.
Advice fees shown separatelyAnnual financial statements would show advice fees paid from the fund as their own line.
Supervisory levyThe first-year ATO levy would rise from $259 to $295 and be paid when the fund is set up.
Return comparisonsThe ATO would help trustees, especially those with small balances, compare their fund's return with APRA-regulated funds.
Compensation scheme levySMSFs would contribute to the Compensation Scheme of Last Resort in special levy years. Reported estimates are no more than about $20 per fund.

What isn't decided yet

What it means for you

If you're thinking about setting up an SMSF

Don't wait for the rules. If an SMSF is right for you, you'll be glad you understood it before you started. The things worth knowing cold:

If you already run an SMSF

Nothing announced changes your fund yet. Two items are worth checking anyway, because they're already good practice: is your investment strategy written down and reviewed at least once a year, and does your fund have its own bank account, separate from your personal money?

Being pitched an SMSF? The Shield and First Guardian red flags

If two or more of these sound familiar, stop and get an independent second opinion before you sign anything.

Common questions

Is the SMSF trustee test law yet?

No. It was announced on 19 August 2026 as a proposal. No legislation has been released and there's no start date.

Do existing SMSF trustees have to do the education?

Nothing announced so far applies to existing funds. The education is proposed for people setting up a new SMSF, before registration.

Who will run the trustee education?

That's still open. It could be the ATO's own course or a choice of approved providers. The SMSF Association has argued for tailored courses from industry providers.

How long will the education take?

The final design hasn't been set. The ATO's existing free course, which the proposal is modelled on, has three modules and takes close to three hours.

Will it cost more to set up an SMSF?

The first-year ATO supervisory levy is proposed to rise from $259 to $295 and be paid at set-up. Any cost for the education itself hasn't been announced; the current ATO modules are free.

Can the ATO stop my rollover into a new SMSF?

Under the proposal, yes, temporarily, while it investigates suspected fraud, financial abuse, misconduct or potential harm. How straightforward rollovers would be treated hasn't been detailed.

Run the numbers before you decide

The SMSF hub and FAQ explain how an SMSF works in plain English, and the calculators let you test your own numbers.

Updated 5 November 2026. We'll update this page as the details are released.

Sources

General information only, not personal financial advice. Consider your own circumstances and get advice before setting up an SMSF.