Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 13) (Cth)

Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 13)

made under subsection 1061L(2) of the

Social Security Act 1991

Compilation No. 1

Compilation date:   12 August 2020

Includes amendments up to:            F2020L01125

Registered:   17 September 2020

About this compilation

This compilation

This is a compilation of the Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 13) that shows the text of the law as amended and in force on 12 August 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1  Name

(1)This instrument is the Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 13)

(2)This instrument may also be cited as LIN 20/044.

3  Definitions

(1)     In this instrument:

Act means the Social Security Act 1991.

destroyed, for a place of residence, include a residence damaged to the extent that it must be demolished.

immediate family member, of a person, means:

(a)     the person’s partner; or

(b)     the person’s natural child, adoptive child or step-child; or

(c)     the person’s natural parent, adoptive parent or step-parent; or

(d)     the person’s legal guardian; or

(e)     the person’s brother, sister, step-brother or step-sister.

Note:          This term is used in a different sense to that used in the Act.

major asset or assets means:

(a)    an asset, with a market value of at least $20,000, located at the person’s principal place of residence; or

(b)   two or more assets, with a combined market value of at least $20,000, located at a person’s principal place of residence.

Examples: Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.

major damage means:

(a) for a residence, means:

(i) damage to the interior of the residence; or

(ii) that the residence is structurally unsound; or

(iii) damage to the residence that exposes the interior of the residence to the elements; or

(iv)    sewage contamination of the interior of the residence or of the water supply to the residence;

(b)   for a major asset or assets other than a water tank – that is burnt, or damaged by heat, ash or smoke, to the extent that it needs to be replaced; or

(c)    for a water tank – damage to the extent that it needs to be repaired or cleaned, or the water replaced.

seriously injured, for a person, means:

(a)     the person has sustained an injury; and

(b)     because of the injury:

(i)      the person was admitted to hospital; or

(ii)     under normal circumstances, the person would have been admitted to hospital.

(2)     A place of residence is a person’s principal place of residence if the person regularly lives at the place with a degree of settled purpose and the person has a lawful right to reside at the place unless the place is:

(a)     a prison or a place of detention; or

(b)     a secondary residence used for holidays.

Note:          It is possible for a person to have more than one principal place of residence.

4  Person adversely affected by a major disaster

(1)This section applies to the major disaster being the bushfires occurring in November and December 2019 in Eastern Queensland, affecting the local government areas of Bundaberg, Gladstone, Livingstone, Noosa, Somerset and Toowoomba.

(2) For the purposes of subsection 1061L(2) of the Act, a person is taken to be adversely affected by the major disaster if one or more of the following circumstances apply:

(a)     the person is seriously injured as a direct result of the disaster; or

(b)     the person is an immediate family member of an Australian who is killed as a direct result of the disaster; or

(c)     the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster; or

(d)     a major asset or assets of the person has or have been destroyed or suffered major damage as a direct result of the disaster; or

(e)     the person is a principal carer of a child to whom paragraphs (a), (b), (c) or (d) apply.

6  Savings and transitional

Anything done under the Social Security (Australian Government disaster recovery payment – Eastern Queensland Bushfires) Determination 2020 (No. 10) repealed in section 5 continues to be in effect as if it had been done under this instrument.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Determination 2020 (No. 13)	25 Feb 2020 (F2020L00163)	5 Feb 2020 (s 2)
Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Amendment Determination 2020 (No. 1)	3 Sept 2020 (F2020L01125)	12 Aug 2020 (s 2)	—

Endnote 4—Amendment history

Provision affected	How affected
s 2........................................	rep LA s 48D
s 4........................................	am F2020L01125
s 5........................................	rep LA s 48C

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Subsection 4(1)

Kind of editorial change

Give effect to the misdescribed amendment as intended

Details of editorial change

Schedule item 1 of Social Security (Australian Government Disaster Recovery Payment—Eastern Queensland Bushfires) Amendment Determination 2020 (No. 1) provides as follows:

Schedule  -  Amendment

Social Security (Australian Government Disaster Recovery Payment – Eastern Queensland) Determination 2020 (No. 13).

1 Subsection 4(1)

Between the words “areas of” and “Gladstone”, insert “Bundaberg,”

The word “Bushfires” is missing from the title to be amended. This compilation was editorially changed by inserting “Bundaberg” after the words “areas of” to give effect to the misdescribed amendment as intended.