Social Security and Veterans' Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001 (Cth)

Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001

No. 151, 2001

An Act to amend the law relating to social security and veterans’ entitlements, and for related purposes

Contents

Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001

No. 151, 2001

An Act to amend the law relating to social security and veterans’ entitlements, and for related purposes

[Assented to 1 October 2001]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Social Security Act 1991

1

After section 1185A

Insert:

1185AA

Applicable cut‑off date

In this Part:

applicable cut‑off date means:

1. (a)

   in relation to a transfer, where:

   1. (i)

      the transfer was not completed before 1 July 2001; and

   2. (ii)

      a pre‑assessment request in relation to the transfer was lodged with the Department or the Agency before 1 August 2001; and

   3. (iii)

      the Department or Agency responded affirmatively to the request;

the first day after the end of the period of 3 months beginning on the day on which the Department or Agency responded to the request; and

1. (b)

   in relation to any other transfer—1 July 2001.

1185AB

Pre‑assessment request

Pre‑assessment request

1. (1)

   For the purposes of this Part, a pre‑assessment request is a written request by a person:

   1. (a)

      for advice about whether this Part would apply to the person, or to the person’s partner, in the event that a proposed transfer were to take place; and

   2. (b)

      that sets out sufficient information to enable the advice to be given.

2. (2)

   For the purposes of subsection (1), a written request does not include a request made by email.

Contact by telephone etc.—timing of request

1. (3)

   For the purposes of this Part, if:

   1. (a)

      a person contacted the Department or the Agency:

      1. (i)

         by telephone; or

      2. (ii)

         by fax; or

      3. (iii)

         by email; or

      4. (iv)

         in person;

   for advice about whether this Part would apply to the person, or to the person’s partner, in the event that a proposed transfer were to take place; and

   1. (b)

      the person followed up that contact by lodging a pre‑assessment request with the Department or Agency within 21 days after the day on which the person contacted the Department or Agency;

the person is taken to have lodged the pre‑assessment request on the day on which the person contacted the Department or Agency.

Affirmative response to pre‑assessment request

1. (4)

   For the purposes of this Part, if a person lodges a pre‑assessment request, the Department or the Agency is taken to have responded affirmatively to that request if, and only if, the Secretary, or an officer of the Agency, gives the person a written notice:

   1. (a)

      that contains advice to the effect that this Part would apply to the person, or to the person’s partner, in the event that the proposed transfer were to take place; and

   2. (b)

      that specifies the date on which the notice was issued.

Timing of response

1. (5)

   The Department or the Agency is taken to have responded to a pre‑assessment request on the date specified in the notice as the date on which the notice was issued.

2

Paragraph 1185B(1)(a)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

3

Paragraph 1185B(2)(a)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

4

Subsection 1185D(3)

Omit “If”, substitute “If the applicable cut‑off date in relation to the transfer referred to in paragraph (1)(a) was 1 July 2001, and”.

5

Paragraph 1185D(3)(a)

Omit “referred to in paragraph (1)(a)”.

6

Subsection 1185D(4)

Omit “If”, substitute “If the applicable cut‑off date in relation to the transfer referred to in subsection (2) was 1 July 2001, and”.

7

Paragraph 1185D(4)(a)

Omit “referred to in subsection (2)”.

8

Paragraph 1185E(f)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

9

Paragraph 1185J(2)(b)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

10

Subsection 1185K(1) (method statement)

Omit “the day on which the transfer was completed” (wherever occurring), substitute “the applicable completion day”.

11

Subsection 1185K(5)

Insert:

applicable completion day, in relation to a transfer, means the earlier of:

1. (a)

   the day on which the transfer was completed; and

2. (b)

   30 June 2001.

12

Subsection 1185K(5) (paragraph (b) of the definition of operative day)

Omit “the day on which the transfer of the person’s qualifying interest in the farm or farms was completed”, substitute “the applicable completion day in relation to the transfer of the person’s qualifying interest in the farm or farms”.

13

At the end of Part 3.14A

Add:

Division 6—Transitional: ex gratia payments

1185L

Ex gratia payments

1. (1)

   If:

   1. (a)

      apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and

   2. (b)

      the amount would not have become payable if Divisions 1 to 5 of this Part had not been amended by the Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and

   3. (c)

      the person has been paid an ex gratia payment from the Commonwealth in respect of that period;

the amount mentioned in paragraph (a) is not payable to the person.

1. (2)

   If:

   1. (a)

      apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and

   2. (b)

      the amount exceeds the amount that would have been payable if Divisions 1 to 5 of this Part had not been amended by the Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and

   3. (c)

      the person has been paid an ex gratia payment from the Commonwealth in respect of that period;

the amount mentioned in paragraph (a) is reduced by the amount of the excess.

Schedule 2—Amendment of the Veterans’ Entitlements Act 1986

1

After section 49

Insert:

49AA

Applicable cut‑off date

In this Division:

applicable cut‑off date means:

1. (a)

   in relation to a transfer, where:

   1. (i)

      the transfer was not completed before 1 July 2001; and

   2. (ii)

      a pre‑assessment request in relation to the transfer was lodged with the Department before 1 August 2001; and

   3. (iii)

      the Department responded affirmatively to the request;

the first day after the end of the period of 3 months beginning on the day on which the Department responded to the request; and

1. (b)

   in relation to any other transfer—1 July 2001.

49AB

Pre‑assessment request

Pre‑assessment request

1. (1)

   For the purposes of this Division, a pre‑assessment request is a written request by a person:

   1. (a)

      for advice about whether this Division would apply to the person, or to the person’s partner, in the event that a proposed transfer were to take place; and

   2. (b)

      that sets out sufficient information to enable the advice to be given.

2. (2)

   For the purposes of subsection (1), a written request does not include a request made by email.

Contact by telephone etc.—timing of request

1. (3)

   For the purposes of this Division, if:

   1. (a)

      a person contacted the Department:

      1. (i)

         by telephone; or

      2. (ii)

         by fax; or

      3. (iii)

         by email; or

      4. (iv)

         in person;

   for advice about whether this Division would apply to the person, or to the person’s partner, in the event that a proposed transfer were to take place; and

   1. (b)

      the person followed up that contact by lodging a pre‑assessment request with the Department within 21 days after the day on which the person contacted the Department;

the person is taken to have lodged the pre‑assessment request on the day on which the person contacted the Department.

Affirmative response to pre‑assessment request

1. (4)

   For the purposes of this Division, if a person lodges a pre‑assessment request, the Department is taken to have responded affirmatively to that request if, and only if, the Secretary, or an officer of the Department, gives the person a written notice:

   1. (a)

      that contains advice to the effect that this Division would apply to the person, or to the person’s partner, in the event that the proposed transfer were to take place; and

   2. (b)

      that specifies the date on which the notice was issued.

Timing of response

1. (5)

   The Department is taken to have responded to a pre‑assessment request on the date specified in the notice as the date on which the notice was issued.

2

Paragraph 49A(1)(a)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

3

Paragraph 49A(2)(a)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

4

Subsection 49C(3)

Omit “If”, substitute “If the applicable cut‑off date in relation to the transfer referred to in paragraph (1)(a) was 1 July 2001, and”.

5

Paragraph 49C(3)(a)

Omit “referred to in paragraph (1)(a)”.

6

Subsection 49C(4)

Omit “If”, substitute “If the applicable cut‑off date in relation to the transfer referred to in subsection (2) was 1 July 2001, and”.

7

Paragraph 49C(4)(a)

Omit “referred to in subsection (2)”.

8

Paragraph 49D(f)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

9

Paragraph 49H(2)(b)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

10

Subsection 49J(1) (method statement)

Omit “the day on which the transfer was completed” (wherever occurring), substitute “the applicable completion day”.

11

Subsection 49J(5)

Insert:

applicable completion day, in relation to a transfer, means the earlier of:

1. (a)

   the day on which the transfer was completed; and

2. (b)

   30 June 2001.

12

Subsection 49J(5) (paragraph (b) of the definition of operative day)

Omit “the day on which the transfer of the person’s qualifying interest in the farm or farms was completed”, substitute “the applicable completion day in relation to the transfer of the person’s qualifying interest in the farm or farms”.

13

At the end of Division 8 of Part IIIB

Add:

Subdivision 6—Transitional: ex gratia payments

49K

Ex gratia payments

1. (1)

   If:

   1. (a)

      apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and

   2. (b)

      the amount would not have become payable if Subdivisions 1 to 5 of this Division had not been amended by the Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and

   3. (c)

      the person has been paid an ex gratia payment from the Commonwealth in respect of that period;

the amount mentioned in paragraph (a) is not payable to the person.

1. (2)

   If:

   1. (a)

      apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and

   2. (b)

      the amount exceeds the amount that would have been payable if Subdivisions 1 to 5 of this Division had not been amended by the Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and

   3. (c)

      the person has been paid an ex gratia payment from the Commonwealth in respect of that period;

the amount mentioned in paragraph (a) is reduced by the amount of the excess.

[Minister’s second reading speech made in—

House of Representatives on 29 August 2001

Senate on 20 September 2001]

(158/01)