Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No. 1) (Cth)

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Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No. 1)1

Aged Care Act 1997

I, JUSTINE ELLIOT, Minister for Ageing, make this Determination under subsection 44‑16 (3) of the Aged Care Act 1997.

Dated 13 March 2008

JUSTINE ELLIOT

Minister for Ageing

  1. Name of Determination

This Determination is the Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No. 1).

  1. Commencement

This Determination commences on the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.

  1. Amendment of Aged Care (Payroll Tax Supplement) Determination 2001

Schedule 1 amends the Aged Care (Payroll Tax Supplement) Determination 2001.

Schedule 1        Amendments

(section 3)

[1]           Section 3, before definition of Act

insert

ACFI classification means a classification, or renewal of a classification, of a care recipient under the Act and the Classification Principles 1997 as in force on or after the commencement of the Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No. 1).

[2]           Section 3, definition of care recipient, including the note

omit

[3]           Section 3, definitions of direct provider and indirect provider

substitute

direct provider means an approved provider that is taken, under subsection 6 (2), to have a direct payroll tax liability.

indirect provider means an approved provider that is taken, under subsection 7 (2), to have an indirect payroll tax liability.

[4]           Section 3, after definition of Principles

insert

RCS classification means a classification, or renewal of a classification, of a care recipient under the Act and the Classification Principles 1997 as in force immediately before the commencement of the Aged Care (Payroll Tax Supplement) Amendment Determination 2008 (No. 1).

relevant care recipient means a care recipient in respect of whom an approval is in effect under Part 2.3 of the Act as a recipient of residential care, other than a care recipient classified at:

(a)    for a care recipient with an RCS classification — classification level 8; or

(b)    for a care recipient with an ACFI classification — the lowest applicable classification level.

[5]           Section 3, note, after second dot point

insert

·         lowest applicable classification level

[6]           Section 5

omit

care recipients

insert

relevant care recipients

[7]           Subsection 6 (1)

omit

(direct provider)

[8]           Subsection 6 (2)

omit

be a direct provider

insert

have a direct payroll tax liability

[9]           Subsection 7 (1)

omit

(indirect provider)

[10]         Subsection 7 (2)

omit

be an indirect provider

insert

have an indirect payroll tax liability

[11]         Section 9

omit

care recipient

insert

relevant care recipient

[12]         Section 10

omit

residential care calculator

insert

residential care subsidy calculator

[13]         Subsection 13 (1)

omit

approved

insert

relevant

[14]         Subsection 13 (2)

omit

care recipients, other than a care recipient mentioned in subsection (3),

insert

relevant care recipients

[15]         Subsection 13 (3)

omit

[16]         Section 14

omit

care recipient

insert

relevant care recipient

[17]         Section 15

omit

residential care calculator

insert

residential care subsidy calculator

[18]         Subsection 17 (1)

omit

approved

insert

relevant

[19]         Subsection 17 (2)

omit

care recipients, other than a care recipient mentioned in subsection (3),

insert

relevant care recipients

[20]         Subsection 17 (3)

omit

Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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