Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 (Cth)
This is a compilation of the
This compilation was prepared on 18 September 2013.
The notes at the end of this compilation (the
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 27 June 2011 |
Schedule 1, items 1 and 2 | 1 July 2011. | 1 July 2011 |
Schedule 1, item 3 | The later of:
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2011 (paragraph (a) applies) |
Schedule 1, items 4 to 7 | 1 July 2011. | 1 July 2011 |
Schedule 1, item 8 | The later of:
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2011 (paragraph (a) applies) |
Schedule 1, items 9 to 12 | 1 July 2011. | 1 July 2011 |
Schedule 2, items 1 to 3 | 1 January 2012. | 1 January 2012 |
Schedule 2, item 4 | The later of:
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 January 2012 (paragraph (a) applies) |
Schedule 2, items 5 to 17 | 1 January 2012. | 1 January 2012 |
Schedule 3 | 1 July 2011. | 1 July 2011 |
Schedule 4, items 1 to 9 | The day this Act receives the Royal Assent. | 27 June 2011 |
Schedule 4, items 10 and 11 | 1 July 2014. | 1 July 2014 |
Schedule 5 | The day after this Act receives the Royal Assent. | 28 June 2011 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Repeal the subsections, substitute:
Employment income greater than or equal to income concession amount
(2) If the person’s employment income for an instalment period is greater than or equal to the income concession amount for that period, then, for the purposes of Module E of that Rate Calculator, the amount of the person’s employment income for that period is reduced by an amount equal to the income concession amount.
Example 1: David earns $2,250 of employment income in an instalment period of 14 days. David’s rate of social security pension for that period is greater than nil.
David’s employment income for that period is reduced by $250, leaving David $2,000 of employment income for that period.
Example 2: Amy earns $1,000 of employment income in an instalment period of 14 days. Amy’s rate of social security pension for that period is greater than nil.
Amy’s employment income for that period is reduced by $250, leaving Amy $750 of employment income for that period.
(3) If the person’s unused concession balance (see section 1073AB) is greater than or equal to the amount (the
current amount ) of the person’s employment income that remains after applying subsection (2) of this section in relation to an instalment period:
(a) for the purposes of Module E of that Rate Calculator, the person’s employment income for that period is further reduced to nil; and
(b) if the person’s rate of social security pension for that period is greater than nil—the person’s unused concession balance is reduced by an amount equal to the current amount.
Example 1: To continue example 1 in subsection (2), assume David’s unused concession balance is $2,000. The current amount is $2,000.
David’s employment income for that period is further reduced to nil.
David’s unused concession balance is now nil.
Example 2: To continue example 2 in subsection (2), assume Amy’s unused concession balance is $1,600. The current amount is $750.
Amy’s employment income for that period is further reduced to nil.
Amy’s unused concession balance is now $850.
(4) If the person’s unused concession balance (see section 1073AB) is greater than nil but less than the amount of the person’s employment income that remains after applying subsection (2) of this section in relation to an instalment period:
(a) for the purposes of Module E of that Rate Calculator, the person’s employment income for that period is further reduced by an amount equal to that unused concession balance; and
(b) if the person’s rate of social security pension for that period is greater than nil—the person’s unused concession balance is reduced to nil.
Example: Bill earns $1,250 of employment income in an instalment period of 14 days. Bill’s rate of social security pension for that period is greater than nil.
Under subsection (2), Bill’s employment income for that period is reduced by $250, leaving Bill $1,000 of employment income for that period.
Assume Bill’s unused concession balance is $800.
Under subsection (4), Bill’s employment income for that period is further reduced by $800 leaving Bill $200 of employment income for that period.
Bill’s unused concession balance is now nil.
Employment income less than income concession amount
(4A) If the person has employment income for an instalment period but that income is less than the income concession amount for that period:
(a) for the purposes of Module E of that Rate Calculator, the person’s employment income for that period is reduced to nil; and
(b) if the person’s rate of social security pension for that period is greater than nil—the person’s unused concession balance (see section 1073AB) is increased, subject to subsection 1073AB(2), by an amount equal to the difference between that income concession amount and that employment income (before it was reduced).
Example: Emma earns $100 of employment income in an instalment period of 14 days. Emma’s rate of social security pension for that period is greater than nil.
Emma’s employment income for that period is reduced to nil.
Emma’s unused concession balance is increased by $150.
No employment income
(4B) If:
(a) the person has no employment income for an instalment period; and
(b) the person’s rate of social security pension for that period is greater than nil;
the person’s unused concession balance (see section 1073AB) is increased, subject to subsection 1073AB(2), by an amount equal to the income concession amount for that period.
Definition
(4C) The
income concession amount is:
(a) for an instalment period of 14 days—$250; and
(b) for an instalment period of less than 14 days—the amount worked out using the following formula:
Repeal the examples.
Repeal the subsection, substitute:
(8) If:
(a) the person is a member of a couple; and
(b) the person’s partner’s employment income (within the meaning of section 46AB of the
Veterans’ Entitlements Act 1986 ) is reduced by one or more amounts (each of which is areduction amount ) under section 46AA of that Act;then, in applying point 1064‑E2 or point 1066‑E2 (whichever is relevant), the ordinary income of the person’s partner is to be reduced by an amount equal to the total of the reduction amounts.
Add:
Initial unused concession balance of nil
(1) A person has an unused concession balance of nil on the first day that is after 30 June 2011 and is a day on which section 1073AA applies to the person.
Maximum unused concession balance
(2) If, apart from this subsection, the person’s unused concession balance would exceed $6,500, that balance is instead taken to be $6,500.
Example: John has an unused concession balance of $6,400. John earns $50 of employment income in an instalment period of 14 days.
Instead of John’s unused concession balance increasing to $6,600 under subsection 1073AA(4A), John’s unused concession balance increases to $6,500.
Effect of ceasing to receive social security pension
(3) If the person ceases to receive the social security pension referred to in paragraph 1073AA(1)(a), the person retains the person’s unused concession balance immediately before that cessation.
Note: If section 1073AA applies to the person again, the person’s unused concession balance will be that retained balance.
The amendments made by items 1, 2 and 4 apply in relation to the instalment period that includes 1 July 2011 and later instalment periods.
Repeal the subsections, substitute:
Employment income greater than or equal to income concession amount
(2) If the person’s employment income for a pension period is greater than or equal to the income concession amount for that period, then, for the purposes of Module E of that Rate Calculator, the amount of the person’s employment income for that period is reduced by an amount equal to the income concession amount.
Note: For
employment income see section 46AB.Example 1: David earns $2,250 of employment income in a pension period. David’s rate of service pension or income support supplement for that period is greater than nil.
David’s employment income for that period is reduced by $250, leaving David $2,000 of employment income for that period.
Example 2: Amy earns $1,000 of employment income in a pension period. Amy’s rate of service pension or income support supplement for that period is greater than nil.
Amy’s employment income for that period is reduced by $250, leaving Amy $750 of employment income for that period.
(3) If the person’s unused concession balance (see section 46AC) is greater than or equal to the amount (the
current amount ) of the person’s employment income that remains after applying subsection (2) of this section in relation to a pension period:
(a) for the purposes of Module E of that Rate Calculator, the person’s employment income for that period is further reduced to nil; and
(b) if the person’s rate of service pension or income support supplement for that period is greater than nil—the person’s unused concession balance is reduced by an amount equal to the current amount.
Example 1: To continue example 1 in subsection (2), assume David’s unused concession balance is $2,000. The current amount is $2,000.
David’s employment income for that period is further reduced to nil.
David’s unused concession balance is now nil.
Example 2: To continue example 2 in subsection (2), assume Amy’s unused concession balance is $1,600. The current amount is $750.
Amy’s employment income for that period is further reduced to nil.
Amy’s unused concession balance is now $850.
(4) If the person’s unused concession balance (see section 46AC) is greater than nil but less than the amount of the person’s employment income that remains after applying subsection (2) of this section in relation to a pension period:
(a) for the purposes of Module E of that Rate Calculator, the person’s employment income for that period is further reduced by an amount equal to that unused concession balance; and
(b) if the person’s rate of service pension or income support supplement for that period is greater than nil—the person’s unused concession balance is reduced to nil.
Example: Bill earns $1,250 of employment income in a pension period. Bill’s rate of service pension or income support supplement for that period is greater than nil.
Under subsection (2), Bill’s employment income for that period is reduced by $250, leaving Bill $1,000 of employment income for that period.
Assume Bill’s unused concession balance is $800.
Under subsection (4), Bill’s employment income for that period is further reduced by $800 leaving Bill $200 of employment income for that period.
Bill’s unused concession balance is now nil.
Employment income less than income concession amount
(4A) If the person has employment income for a pension period but that income is less than the income concession amount for that period:
(a) for the purposes of Module E of that Rate Calculator, the person’s employment income for that period is reduced to nil; and
(b) if the person’s rate of service pension or income support supplement for that period is greater than nil—the person’s unused concession balance (see section 46AC) is increased, subject to subsection 46AC(2), by an amount equal to the difference between that income concession amount and that employment income (before it was reduced).
Note: For
employment income see section 46AB.Example: Emma earns $100 of employment income in a pension period. Emma’s rate of service pension or income support supplement for that period is greater than nil.
Emma’s employment income for that period is reduced to nil.
Emma’s unused concession balance is increased by $150.
No employment income
(4B) If:
(a) the person has no employment income for a pension period; and
(b) the person’s rate of service pension or income support supplement for that period is greater than nil;
the person’s unused concession balance (see section 46AC) is increased, subject to subsection 46AC(2), by an amount equal to the income concession amount for that period.
Note: For
employment income see section 46AB.
Definition
(4C) The
income concession amount for a pension period is $250.
Repeal the examples.
Repeal the subsection, substitute:
(5A) If:
(a) the person is a member of a couple; and
(b) the person’s partner’s employment income (within the meaning of the
Social Security Act 1991 ) is reduced by one or more amounts (each of which is areduction amount ) under section 1073AA of that Act;then, in applying point SCH6‑E3 of Schedule 6, the ordinary/adjusted income of the person’s partner is to be reduced by an amount equal to the total of the reduction amounts.
Repeal the subsection, substitute:
(6) This section is subject to section 46AD (about no double income reductions under this section and section 115G).
Add:
Initial unused concession balance of nil
(1) A person has an unused concession balance of nil on the first day that is after 30 June 2011 and is a day on which section 46AA applies to the person.
Maximum unused concession balance
(2) If, apart from this subsection, the person’s unused concession balance would exceed $6,500, that balance is instead taken to be $6,500.
Example: John has an unused concession balance of $6,400. John earns $50 of employment income in a pension period.
Instead of John’s unused concession balance increasing to $6,600 under subsection 46AA(4A), John’s unused concession balance increases to $6,500.
Effect of ceasing to receive service pension or income support supplement
(3) If the person ceases to receive service pension or income support supplement, the person retains the person’s unused concession balance immediately before that cessation.
Note: If section 46AA applies to the person again, the person’s unused concession balance will be that retained balance.
Scope
(1) This section applies if, apart from this section:
(a) an amount (the
initial amount ) would be an excluded amount under subsection 115G(1) or (2) in respect of a veteran and a pension period; and(b) the veteran’s employment income would be reduced by one or more amounts (each of which is a
reduction amount ) under section 46AA in relation to that period.
Income reduction under section 46AA
(2) If the total of the reduction amounts is more than the initial amount:
(a) subsection 115G(1) or (2), as the case may be, does not apply in relation to that veteran and that period; and
(b) subsections 46AA(2) to (4A) do apply in relation to that veteran and that period.
Income reduction under section 115G
(3) If the total of the reduction amounts is less than or equal to the initial amount:
(a) subsections 46AA(2) to (4A) do not apply to reduce the veteran’s employment income in relation to that period, but they do apply for the purposes of working out any adjustment to the veteran’s unused concession balance in relation to that period (as if those reductions had occurred); and
(b) subsection 115G(1) or (2), as the case may be, does apply in relation to that veteran and that period.
Note: Subsections 115G(1) and (2) are about excluding income amounts for certain veterans.
Example: Jim earns $100 of employment income in a pension period. Jim’s rate of service pension or income support supplement for that period is greater than nil. Assume Jim also has an amount of $100 worked out under subsection 115G(1) in relation to that period.
There is no reduction in Jim’s employment income under section 46AA for that period, but $100 is excluded under subsection 115G(1).
Under subsection 46AA(4A), Jim’s unused concession balance is increased by $150.
Repeal the subsection, substitute:
(4) This section is subject to section 46AD (about no double income reductions under this section and section 46AA).
The amendments made by items 6, 7, 9, 10 and 11 apply in relation to the pension period that includes 1 July 2011 and later pension periods.
Insert:
senior secondary school child has the meaning given by section 22B.
2
Subsection 22A(1) (paragraph (a) of the cell at table item 2, column headed “then the individual cannot be an FTB child of the adult if:”) Before “the individual”, insert “if the individual is not a senior secondary school child—”.
Insert:
(1) An individual is a
senior secondary school child if:
(a) the following requirement is satisfied:
(i) for the purposes of subclause 29(3) or 36(2) of Schedule 1—the individual is aged 16 or 17 or is aged 18 and the calendar year in which the individual turned 18 has not ended;
(ii) for the purposes of any other provision of this Act—the individual is aged 16, 17 or 18 or is aged 19 and the calendar year in which the individual turned 19 has not ended; and
(b) one of the following applies:
(i) the individual is undertaking full‑time study in an approved course of education or study that would, in the Secretary’s opinion, assist or allow the individual to complete the final year of secondary school or an equivalent level of education;
(ii) except for the purposes of subsection 22A(1) or 35(1) of this Act or paragraph 32L(1)(aa) of the Family Assistance Administration Act—the individual is exempt from the FTB activity test.
(2) Subsection 17B(3) applies in relation to subsection (1) of this section in the same way as it applies in relation to subsection 17B(1).
(3) If, apart from this subsection, an individual would cease to be a senior secondary school child because the individual completes the final year of secondary school or an equivalent level of education, then the individual is taken to be a senior secondary school child until the end of:
(a) if the day the individual completes that final year of secondary school or equivalent level of education is in December in a calendar year—31 December of that year; or
(b) if the day the individual completes that final year of secondary school or equivalent level of education is before December—the period of 28 days beginning on the day after that day.
(4) An individual
completes the final year of secondary school or an equivalent level of education on the day worked out in accordance with the following table:
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(5) To avoid doubt, if an individual ceases to be a senior secondary school child, nothing in this section prevents the individual again becoming a senior secondary school child.
Insert:
(ia) the individual is studying overseas full‑time in a way that would, in the Secretary’s opinion, assist or allow the individual to complete the final year of secondary school or an equivalent level of education;
5
Subsection 35(1) (paragraph (a) of the cell at table item 2, column headed “then the approved care organisation is not eligible for family tax benefit in respect of the individual if:”) Before “the individual”, insert “if the individual is not a senior secondary school child—”.
Repeal the table, substitute:
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Repeal the subclause, substitute:
(2) The
FTB child rate for the purpose of subclause (1) is:
(a) for an FTB child who has not turned 18, or who has turned 18 and who is a senior secondary school child—$1,372.40; or
(b) for an FTB child who has turned 18 and who is not a senior secondary school child—$1,839.60.
Repeal the subclause, substitute:
(3) In applying this Part to an individual, disregard an FTB child who has turned 16 years of age unless the FTB child is a senior secondary school child. If disregarding the FTB child means that neither item 1 nor item 2 in the table in clause 30 applies to the individual, the individual’s Part B rate is nil.
Repeal the paragraph, substitute:
(b) the child has turned 16 and is a senior secondary school child.
Repeal the paragraph, substitute:
(a) either:
(i) the regular care child is under 16 years of age; or
(ii) the regular care child has turned 16 and is a senior secondary school child; and
11
Clause 2 of Schedule 4 (table items 1, 2 and 3) Repeal the items, substitute:
1 | FTB child rate (Part A—Method 1) | FTB child rate (A1) | [Schedule 1—clause 7—table—column 2—all amounts] |
12 Subclause 3(1) of Schedule 4 (table items 1, 2 and 3) Repeal the items, substitute:
1 | FTB child rate (A1) | 1 July | December | highest December quarter before reference quarter (but not earlier than December quarter 1999) | $3.65 |
Insert:
(aa) the other individual is not a senior secondary school child;
After “subsections”, insert “(2AA),”.
Insert:
(2AA) Paragraph (2)(b) does not apply to a person who is aged 16 or 17 and who is undertaking full‑time study in respect of a secondary course at a secondary school (within the meaning of the
Student Assistance Act 1973 ) or at a TAFE institution unless:
(a) the person is independent (see section 1067A); or
(b) the person is taken by section 1067D to be required to live away from home; or
(c) the person was receiving youth allowance immediately before starting that course.
(2AB) For the purposes of subsection (2AA), a
secondary course is a course that is determined, under section 5D of theStudent Assistance Act 1973 , to be a secondary course for the purposes of that Act.
16
Section 1067G (at the end of Module F of the Youth Allowance Rate Calculator) Add:
Extension to senior secondary school FTB children
1067G‑F31 This Submodule applies in relation to a person who is an FTB child aged 16 or more and who is a senior secondary school child as if:
(a) the parental income test under this Module applied to the person; and
(b) the following amount were the maximum payment rate for the person for the purposes of this Submodule:
(i) if the person is aged less than 18—the amount specified in column 3 of item 1 of the table in point 1067G‑B2 (as indexed);
(ii) if the person is aged 18 or more—the amount specified in column 3 of item 2 of the table in point 1067G‑B2 (as indexed).
1067G‑F32 For the purposes of point 1067G‑F31,
senior secondary school child has the meaning given by section 22B of the Family Assistance Act (disregarding subparagraph 22B(1)(a)(i) of that Act).
(1) The amendment made by item 2 applies in relation to working out if an individual is an FTB child for days on or after 1 January 2012.
(2) The amendment made by item 5 applies in relation to working out if an approved care organisation is eligible for family tax benefit for days on or after 1 January 2012.
(3) The amendments made by items 6 to 10 apply in relation to working out the rate of family tax benefit for days on or after 1 January 2012.
(4) If:
(a) on or after 1 January 2012, it is necessary to work out an individual’s standard rate under Division 2 of Part 3 of Schedule 1 to the
A New Tax System (Family Assistance) Act 1999 in relation to an FTB child who turned 18 before 1 January 2012; and(b) apart from this subitem, paragraph 26(2)(a) of that Schedule would apply to the FTB child;
then paragraph 26(2)(a) of that Schedule does not apply to the FTB child and paragraph 26(2)(b) of that Schedule applies to the FTB child instead.
(5) The amendment made by item 13 applies in relation to same‑rate benefit periods beginning on or after 1 January 2012.
(6) The amendments made by items 14 and 15 do not apply in relation to:
(a) a person who was receiving youth allowance immediately before the commencement of those items; or
(b) a person who would have been receiving youth allowance immediately before the commencement of those items except for the application of a compliance penalty period.
Repeal the subsections, substitute:
Payment over 13 fortnightly instalment periods
(1) The Secretary must:
(a) after the first fortnightly instalment period ending after he or she determines the claimant is entitled to be paid baby bonus, pay the claimant the upfront part of the amount of baby bonus the claimant is entitled to; and
(b) after each of the next 12 fortnightly instalment periods, pay the claimant 1/12 of the amount of baby bonus remaining after the application of paragraph (a).
Note: Section 47AB provides for rounding of the amounts of payments.
Payment over 26 weekly instalment periods
(2) However, if the Secretary:
(a) determines that the claimant has a weekly instalment period; and
(b) makes that determination before the end of what would, apart from that determination, be the end of the claimant’s first fortnightly instalment period ending after the making of the determination that the claimant is entitled to be paid baby bonus;
the Secretary must:
(c) after each of the first 2 weekly instalment periods ending after the determination of entitlement is made, pay the claimant 1/2 of the upfront part of the amount of baby bonus the claimant is entitled to; and
(d) after each of the next 24 weekly instalment periods, pay the claimant 1/24 of the amount of baby bonus remaining after the application of paragraph (c).
Note: Section 47AB provides for rounding of the amounts of payments.
Upfront part
(2A) The
upfront part is the following amount:
(a) if the claimant becomes eligible for baby bonus in the 2011‑2012 financial year—$879.77;
(b) if the claimant becomes eligible for baby bonus in the 2012‑2013 financial year or a later financial year—the amount worked out as follows:
The amendment made by item 1 applies in relation to individuals who become eligible for baby bonus on or after 1 July 2011.
After:
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Add:
5.5 | an individual in receipt of an ex‑gratia thalidomide payment from the Commonwealth | the payment | none |
5.6 | an individual in receipt of a payment from the Thalidomide Australia Fixed Trust | the payment | the payment must be:
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(1) The amendments made by items 1 and 2 of this Schedule in relation to ex‑gratia thalidomide payments apply to assessments for the 2010‑11 and 2011‑12 income years.
(2) The amendments made by items 1 and 2 of this Schedule in relation to payments from the Thalidomide Australia Fixed Trust apply to assessments for the 2010‑11 income year and later income years.
Insert:
(vc) a payment by the Thalidomide Australia Fixed Trust:
(i) made to, or applied for the benefit of, a beneficiary of the Trust; or
(ii) made to a person in respect of a beneficiary of the Trust;
Repeal the paragraph, substitute:
(b) either:
(i) the person continues (without a break) to receive one of those payments (whether or not of the same sort as the one the person received on that day); or
(ii) subclause (1A) applies to the person.
Insert:
(1A) This subclause applies to a person if:
(a) a payment by the Thalidomide Australia Fixed Trust:
(i) is made to, or applied for the benefit of, the person as a beneficiary of the Trust; or
(ii) is made to, or applied for the benefit of, the person’s partner as a beneficiary of the Trust; or
(iii) is made to the person or the person’s partner in respect of a beneficiary of the Trust; and
(b) subparagraph (1)(b)(i) applies to the person immediately before the payment is made; and
(c) the person receives any of the payments mentioned in paragraph (1)(a) at the commencement of item 4 of Schedule 4 to the
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 ; and(d) after that commencement, the person continues (without a break) to receive that payment, or any of the other payments referred to in paragraph (1)(a).
Insert:
(xb) a payment by the Thalidomide Australia Fixed Trust:
(i) made to, or applied for the benefit of, a beneficiary of the Trust; or
(ii) made to a person in respect of a beneficiary of the Trust;
Repeal the paragraph, substitute:
(b) either:
(i) the person continues (without a break) to receive one of those payments (whether or not of the same sort as the one the person received on that day); or
(ii) subclause (1A) applies to the person.
Insert:
(1A) This subclause applies to a person if:
(a) a payment by the Thalidomide Australia Fixed Trust:
(i) is made to, or applied for the benefit of, the person as a beneficiary of the Trust; or
(ii) is made to, or applied for the benefit of, the person’s partner as a beneficiary of the Trust; or
(iii) is made to the person or the person’s partner in respect of a beneficiary of the Trust; and
(b) subparagraph (1)(b)(i) applies to the person immediately before the payment is made; and
(c) any of the payments mentioned in paragraph (1)(a) is payable to the person at the commencement of item 7 of Schedule 4 to the
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 ; and(d) after that commencement, that payment, or any of the other payments referred to in paragraph (1)(a), continues (without a break) to be payable to the person.
Omit:
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Repeal the item.
Repeal the subsection.
Omit “commenced”, substitute “is registered for”.
Repeal the subsection.
4
Section 123TC (definition of designated nominee ) Repeal the definition.
Insert:
excluded Part 3B payment nominee means:
(a) the Public Trustee (however described) of a State or Territory; or
(b) a Part 3B payment nominee who is not subject to the income management regime.
6
Section 123TC (definition of excluded payment nominee ) Repeal the definition.
Insert:
Part 3B payment nominee means:
(a) a person who is, by virtue of an appointment in force under section 123B of this Act or section 219TB of the Family Assistance Administration Act, the payment nominee of another person; or
(b) a person to whom payment of another person’s service pension is made by virtue of an approval in force under section 58D of the Veterans’ Entitlements Act; or
(c) a person to whom payment of another person’s service pension is made by virtue of an appointment in force under section 202 of the Veterans’ Entitlements Act; or
(d) a person to whom another person’s instalments of youth allowance are to be paid in accordance with subsection 45(1) of this Act.
Repeal the definition.
Before “For the purposes”, insert “(1)”.
Add:
(2) For the purposes of this Part, a person is
subject to the income management regime at a particular time (thetest time ) if:
(a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and
(b) at the test time, the person has a Part 3B payment nominee; and
(c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).
Repeal the paragraph, substitute:
(c) if the first person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee.
Repeal the paragraph.
Repeal the subparagraph.
Repeal the subparagraph.
Repeal the section.
Repeal the paragraph.
Omit “or” (second occurring).
Repeal the paragraph.
Omit “or (b)”.
Omit “or (d)”.
Omit “or a third person”.
Omit “or a third person”.
Omit “or a third person”.
Omit “or the third person, as the case may be”.
Omit “or a third person”.
Omit “or the third person, as the case may be”.
Omit “a third person a stored value card that enables the third person”, substitute “the first person a stored value card that enables the first person”.
Omit “a third person”, substitute “the first person”.
Omit “the third person”, substitute “the first person”.
Omit “a third person”, substitute “the first person”.
Omit “a third person”, substitute “the first person”.
Omit “a third person”, substitute “the first person”.
Omit “, the first person or the third person”, substitute “or the first person”.
Omit “a third person”, substitute “the first person”.
Omit “, the first person or the third person”, substitute “or the first person”.
Omit “Minister”, substitute “Secretary”.
Omit “or”.
Repeal the paragraph.
Omit “or (i)”.
Omit “or (i), the Secretary gives the first person or a third person”, substitute “, the Secretary gives the first person”.
Omit “or a third person a stored value card under paragraph (2)(h) or (i)”, substitute “a stored value card under paragraph (2)(h)”.
Omit “or (i), the Secretary gives the first person or a third person”, substitute “, the Secretary gives the first person”.
Omit “or the third person, as the case may be”.
Omit “a third person a stored value card that enables the third person”, substitute “the first person a stored value card that enables the first person”.
Omit “a third person”, substitute “the first person”.
Omit “the designated nominee”, substitute “the Part 3B payment nominee or the first person”.
Omit “, the first person or the third person”, substitute “or the first person”.
Omit “a third person”, substitute “the first person”.
Omit “, the first person or the third person”, substitute “or the first person”.
Omit “or”.
Repeal the paragraph.
Omit “or (h)”.
Omit “or (h), the Secretary gives the first person or a third person”, substitute “, the Secretary gives the first person”.
Omit “or the third person, as the case may be”.
Omit “a third person a stored value card that enables the third person”, substitute “the first person a stored value card that enables the first person”.
Omit “a third person”, substitute “the first person”.
Omit “, the first person or the third person”, substitute “or the first person”.
Omit “123UC(b)”, substitute “123UC(1)(b)”.
Omit “123UC(b)”, substitute “123UC(1)(b)”.
Repeal the subsections, substitute:
Crediting of amounts
(3) The Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the amount of the cheque.
(4) If the Secretary makes a determination under subsection (3), then an amount equal to the amount of the cheque is:
(a) credited to the Income Management Record; and
(b) credited to the first person’s income management account.
The amendment made by item 60 applies in relation to:
(a) an amount paid by cheque at or after the commencement of that item; and
(b) an amount paid by cheque before that commencement, unless before that commencement an amount had been received by the Commonwealth under subsection 123ZF(2) of the
Social Security (Administration) Act 1999 in relation to that payment.
The provisions of the
Social Security (Administration) Act 1999 listed in this Part are amended by:
(a) omitting “payment nominee” (wherever occurring) and substituting “Part 3B payment nominee”; and
(b) omitting “designated nominee” (wherever occurring) and substituting “Part 3B payment nominee”.
69 Paragraphs 123UF(1)(f), (2)(g) and (3)(b) and (c)
Note: The heading to section 123YD is altered by omitting “
designated nominee ” and substituting “Part 3B payment nominee ”.
Note: The heading to section 123YF is altered by omitting “
designated nominee ” and substituting “Part 3B payment nominee ”.
Note: The heading to section 123YH is altered by omitting “
designated nominee ” and substituting “Part 3B payment nominee ”.
Note: The heading to section 123YJ is altered by omitting “
designated nominee ” and substituting “Part 3B payment nominee ”.
Note: The heading to section 123YL is altered by omitting “
designated nominee ” and substituting “Part 3B payment nominee ”.
92 Paragraphs 123YN(1)(c) and (2)(a), (b) and (d) to (i) Note: The heading to section 123YN is altered by omitting “
designated nominee ” and substituting “Part 3B payment nominee ”.
Note: The heading to section 123YP is altered by omitting “
designated nominee ” and substituting “Part 3B payment nominee ”.
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
LIA = | Sch = Schedule(s) |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub‑Ch = Sub‑Chapter(s) |
orig = original | SubPt = Subpart(s) |
par = paragraph(s)/subparagraph(s) | |
/sub‑subparagraph(s) |
This endnote sets out details of the legislation history of the
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 | 50, 2011 | 27 June 2011 | ||
Statute Law Revision Act 2013 | 103, 2013 | 29 June 2013 | Sch 2 (item 8): | — |
(a) Subsection 2(1) (item 9) of theStatute Law Revision Act 2013 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Schedule 2, item 8 | Immediately after the time specified in the | 28 June 2011 |
item 17.................................. | rs No 103, 2013 |
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