Family Assistance (Waiver of Debts — Disasters) (FaHCSIA) Specification 2011 (Cth)
Family Assistance (Waiver of Debts — Disasters) (FaHCSIA) Specification 2011
A New Tax System (Family Assistance) (Administration) Act 1999
I, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, make this Specification under subsection 102 (1) of the A New Tax System (Family Assistance) (Administration) Act 1999.
Dated 16th July 2011
J Macklin
Minister for Families, Housing, Community Services and Indigenous Affairs
Name of Specification
This Specification is the Family Assistance (Waiver of Debts — Disasters) (FaHCSIA) Specification 2011.
2 Commencement
This Specification commences on the day after the end of the period for disallowing it.
Note: For that period, see section 42 of the Legislative Instruments Act 2003.
3 Definitions
In this Specification:
Act means the A New Tax System (Family Assistance) (Administration) Act 1999.
affected family member, of a person, means an individual:
(a) who is the person’s partner; or
(b) who is the natural parent, adoptive parent or step-parent of the person; or
(c) who is a legal guardian of the person, or was a legal guardian of the person when the person was under 18 years; or
(d) who is the natural child, adoptive child or step-child of the person; or
(e) who is the brother, sister, stepbrother or stepsister of the person.
destroyed, for a person’s principal place of residence, includes damage to the residence to the extent that it must be demolished.
disaster means:
(a) the heavy rainfall, storm damage and associated flooding in Queensland that began in November 2010 and continued into January 2011;
(b) the flooding in New South Wales determined to be a major disaster on 14 January 2011;
(c) the flooding in Victoria determined to be a major disaster on 19 January 2011; and
(d) the severe weather, storm surges and flooding in Queensland that resulted from Tropical Cyclone Yasi.
disaster period means the period:
(a) beginning 1 November 2010; and
(b) ending 19 March 2011.
seriously injured, for a person, means:
(a) the person sustained injury; and
(b) either the person was admitted, or required admittance, to hospital.
4 Specification of class of debts
For section 102 of the Act, a debt is in a specified class if:
(a) it was incurred by a person for a period that occurred either wholly or partly during the disaster period; and
(b) the person was adversely affected by a disaster during the disaster period; and
(c) if the debt was incurred for a period occurring partly during the disaster period — it is the part of the debt attributable to days occurring in the disaster period.
5 Adversely affected by the disasters
(1) A person is adversely affected by a disaster if, as a direct result of the disaster:
(a) the person was seriously injured; or
(b) an affected family member of the person was killed; or
(c) an affected family member of the person was seriously injured; or
(d) the person’s principal place of residence was destroyed; or
(e) the person’s principal place of residence sustained major damage; or
(f) the person was unable to return to his or her principal place of residence for at least 24 hours; or
(g) a utility failure occurred in the person’s principal place of residence; or
(h) the person experienced psychological trauma.
(2) A person is unable to return to the person’s principal place of residence if the person cannot return to the residence, as supported by evidence.
(3) A person’s principal place of residence sustains major damage if:
(a) at least one quarter of the residence has been damaged; or
(b) the residence became structurally unsound, as supported by evidence.
(4) A place is a person’s principal place of residence if:
(a) the person normally resides in the place; and
(b) the person has a right or licence entitling the person to reside in the place.
(5) A utility failure occurred in a residence if:
(a) there was a failure in the supply of electricity, water or gas to the residence for at least 48 hours; or
(b) the sewerage for the residence failed for at least 24 hours; or
(c) sewerage contamination occurred in the residence.
(6) A person experiences psychological trauma if:
(a) the person was in the immediate area of the disasters; and
(b) any of the following occurred:
(i) the person was an eyewitness to a person being seriously injured during the disasters;
(ii) the person was an eyewitness to the remains or body of a deceased person killed as a result of the disasters;
(iii) the person was separated for at least 24 hours from an affected family member who was in the immediate area of the disasters;
(iv) the person’s life was under immediate threat;
(v) the person’s principal place of residence was under immediate threat;
(vi) business premises, or other real property, owned by the person, were under immediate threat.
6 Debts to which section 4 does not apply
Section 4 does not apply to a debt incurred wholly or partly from the debtor or another person knowingly:
(a) making a false or misleading statement or a false representation; or
(b) failing or omitting to comply with a provision of the family assistance law.
0
0
0