Social Services and Other Legislation Amendment Act 2014 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
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.
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.
For more information about any editorial changes made in this compilation, see the endnotes.
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.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Social Services and Other Legislation Amendment Act 2014 .
(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. | 31 March 2014 |
Schedule 1 | The day this Act receives the Royal Assent. | 31 March 2014 |
Schedule 2 | The 28th day after this Act receives the Royal Assent. | 28 April 2014 |
Schedule 3 | 1 May 2014. | 1 May 2014 |
Schedule 4 | 1 July 2014. | 1 July 2014 |
Schedule 8 | 1 July 2014. | 1 July 2014 |
Schedule 9 | The day this Act receives the Royal Assent. | 31 March 2014 |
Schedule 10 | 1 July 2014. | 1 July 2014 |
Schedule 11 | 1 January 2015. | 1 January 2015 |
Schedule 12, Parts 1 to 4 | The day after this Act receives the Royal Assent. | 1 April 2014 |
Schedule 12, Part 5 | The seventh day after this Act receives the Royal Assent. | 7 April 2014 |
Schedule 12, Part 6 | Immediately after the commencement of Parts 1 and 2 of Schedule 2A to the | 1 March 2014 |
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 title, substitute:
Repeal the heading.
Omit “
National Gambling Reform ”, substitute “Gambling Measures ”.
Repeal the note.
Repeal the section.
Repeal the section, substitute:
The object of this Act is to recognise the Commonwealth’s commitment to the development and implementation of measures to encourage responsible gambling by all gamblers, including voluntary pre‑commitment on gaming machines.
Repeal the section, substitute:
In this Act:
Australian Institute of Family Studies means the Australian Institute of Family Studies established by Part XIVA of theFamily Law Act 1975 .
Director of the Australian Institute of Family Studies means the Director within the meaning of section 114A of theFamily Law Act 1975 .
gaming machine has the meaning given by section 6.
Omit “(1)”.
Repeal the subsections.
Repeal the sections.
Repeal the Part.
Repeal the Chapter, substitute:
(1) The Commonwealth recognises the importance of meaningful measures to encourage responsible gambling.
(2) The Commonwealth supports voluntary pre‑commitment on gaming machines.
(3) Voluntary pre‑commitment allows a player of a gaming machine to set a limit on the amount that the player is prepared to lose from playing gaming machines, and helps the player keep to the limit. The player chooses whether to set a limit.
(1) The Commonwealth will work with Governments of the States and Territories, the gaming industry, academics and the community sector:
(a) to develop and implement a voluntary pre‑commitment scheme on gaming machines; and
(b) to develop a realistic timetable for implementing this measure.
(2) The Commonwealth will work with Governments of the States and Territories and the gaming industry:
(a) to ensure that all gaming machines are capable of supporting a venue‑based voluntary pre‑commitment scheme; and
(aa) to ensure that a venue‑based voluntary pre‑commitment scheme operating in a State or Territory is capable of connecting to a State or Territory wide voluntary pre‑commitment scheme that operates within the State or Territory; and
(b) to develop a realistic timetable for implementing these capabilities.
The Commonwealth will work with Governments of the States and Territories on the most appropriate way of administering the voluntary pre‑commitment measure referred to in subsection 20(1).
Repeal the Chapters.
Repeal the heading.
Repeal the Part.
Repeal the heading, substitute:
Repeal the heading.
Repeal the sections.
Repeal the subsection.
Repeal the heading.
Repeal the sections, substitute:
This Act (other than sections 196 and 197) does not create rights or duties that are legally enforceable in judicial or other proceedings.
Omit “(1)”.
Repeal the subsection.
Repeal the Act.
Repeal the Act.
Omit “1 January 2014”, substitute “1 January 2016”.
1
Subsection 3(1) (definition of exempt from the FTB activity test ) Repeal the definition.
2
Subsection 3(1) (definition of satisfies the FTB activity test ) Repeal the definition.
Repeal the section.
Repeal the paragraph, substitute:
(e) the individual is a senior secondary school child.
Omit “(1)”.
6
Subsection 22A(1) (cell at table item 1, column headed “then the individual cannot be an FTB child of the adult if:”) Repeal the cell, substitute:
|
7
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:”) Repeal the paragraph.
Repeal the subsections.
Repeal the subparagraph, substitute:
(ii) subsection (2) applies in relation to the individual.
Repeal the subsection, substitute:
Exemption from full‑time study requirement
(2) This subsection applies in relation to the individual if:
(a) there is no locally accessible approved course of education or study (including any such course available by distance education); or
(b) where there is such a course:
(i) there is no place available on the course for the individual; or
(ii) the individual is not qualified to undertake the course; or
(iii) the individual lacks capacity to undertake the course because the individual has a physical, psychiatric or intellectual disability or a learning disability such as attention deficit disorder; or
(c) in the Secretary’s opinion, special circumstances exist that make it unreasonable to require the individual to undertake an approved course of education or study.
Determination of full‑time study hours
(2A) For the purposes of subparagraph (1)(b)(i) or (ia), if the Secretary determines that it is appropriate to do so having regard to an individual’s circumstances, the Secretary may determine that the normal amount of full‑time study for the individual in respect of a course is to be a number of hours per week specified in the determination, averaged over the duration of the period for which the individual is enrolled in the course.
Insert:
Continued status of senior secondary school child
Insert:
Interpretation
Omit “18 and was a senior secondary school child”, substitute “16”.
Repeal the paragraphs, substitute:
(b) if the child had not turned 16 when the child died—any day on which the child would have been aged 16, and on which the Secretary is satisfied the child would not have been a senior secondary school child, if the child had not died.
Repeal the subparagraphs, substitute:
(ii) has turned 16 and is a senior secondary school child; and
Repeal the item.
17
Subsection 35(1) (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:”) Repeal the cell, substitute:
|
Repeal the subsections.
Omit “18 and was a senior secondary school child”, substitute “16”.
Repeal the paragraphs, substitute:
(b) if the child had not turned 16 when the child died—any day on which the child would have been aged 16, and on which the Secretary is satisfied the child would not have been a senior secondary school child, if the child had not died.
Omit “18 and was a senior secondary school child”, substitute “16”.
Repeal the paragraphs, substitute:
(b) where the child had not turned 16 when the child died—the child would have been aged 16, and the Secretary is satisfied the child would not have been a senior secondary school child, on that day if the child had not died.
Omit “, but is under 16,”.
Repeal the items.
Omit “, but is under 16,”.
26
Subclause 38AA(1) of Schedule 1 (table items 3 and 4) Repeal the items.
Repeal the subclause, substitute:
(3) A regular care child of an individual is a
rent assistance child of the individual if the regular care child is not an absent overseas regular care child.
Repeal the item.
Repeal the item.
Repeal the subclause.
Omit “satisfies or is exempt from the FTB activity test”, substitute “is a senior secondary school child”.
Omit “(other than an FTB child, or regular care child, of the first individual)”.
Repeal the sections.
Omit “period; and”, substitute “period.”.
Repeal the paragraph.
(1) The amendments made by items 3 to 18 and 21 to 27 apply for the purposes of working out eligibility for family tax benefit, and how much family tax benefit is payable, for a day that is on or after 1 May 2014.
(2) The amendments made by items 3 to 12 and 19 and 20 apply for the purposes of working out eligibility for single income family supplement, and how much single income family supplement is payable, for a day that is on or after 1 May 2014.
(3) The amendments made by items 3 to 12 apply for the purposes of working out eligibility for child care benefit, and how much child care benefit is payable, in respect of care provided to a child by an approved child care service or a registered carer on or after 1 May 2014.
(4) The amendments made by items 3 to 12 apply for the purposes of working out qualification for a double orphan pension under Part 2.20 of the
Social Security Act 1991 for a day that is on or after 1 May 2014.(5) Despite the amendment made by item 31, subsection 29(2B) of the
A New Tax System (Family Assistance) (Administration) Act 1999 , as in force immediately before the commencement of that item, continues to apply on and after that commencement in relation to a day occurring before 1 May 2014.(6) Despite the amendments made by items 32 to 35, sections 32J, 32K, 32L and 32P of the
A New Tax System (Family Assistance) (Administration) Act 1999 , as in force immediately before the commencement of those items, continue to apply on and after that commencement in relation to a same‑rate benefit period to the extent that it occurs before 1 May 2014.
Repeal the heading, substitute:
Residence factor (period of Australian working life residence 35 years or more)
Omit “300 months (25 years)”, substitute “420 months (35 years)”.
Repeal the heading, substitute:
Residence factor (period of Australian working life residence under 35 years)
Omit “300 months (25 years)”, substitute “420 months (35 years)”.
Repeal the formula, substitute:
(1) Subject to this item, the amendments made by items 1 to 5 apply in relation to periods of absence from Australia starting on or after 1 July 2014.
Presence in Australia immediately before 1 July 2014
(2) If:
(a) immediately before 1 July 2014 a person was receiving a pension referred to in section 1220A, 1220B or 1221 of the
Social Security Act 1991 ; and(b) immediately before 1 July 2014 the person was in Australia but was not residing in Australia; and
(c) the person leaves Australia on a day (the
departure day ) that is before the end of the period of 26 weeks beginning on 1 July 2014; and(d) on the departure day the person is receiving that pension;
then, subject to subitem (5), the amendments made by items 1 to 5 do not apply in relation to the person’s period of absence from Australia starting on the departure day.
(3) If:
(a) because of subitem (2), the amendments made by items 1 to 5 did not apply in relation to the person’s period of absence from Australia starting on the departure day; and
(b) after the departure day the person returns to Australia; and
(c) immediately before returning to Australia the person is receiving that pension; and
(d) the person leaves Australia on a day (the
relevant day ) that is before the end of the period of 26 weeks beginning on the day the person returned to Australia; and(e) on the relevant day the person is receiving that pension;
then, subject to subitem (5), the amendments made by items 1 to 5 do not apply in relation to the person’s period of absence from Australia starting on the relevant day.
Presence outside Australia immediately before 1 July 2014
(4) If:
(a) immediately before 1 July 2014 a person was outside Australia and was receiving a pension referred to in section 1220A, 1220B or 1221 of the
Social Security Act 1991 ; and(b) on or after 1 July 2014 the person returns to Australia; and
(c) immediately before returning to Australia the person is receiving that pension; and
(d) the person leaves Australia on a day (the
departure day ) that is before the end of the period of 26 weeks beginning on the day the person returned to Australia; and(e) on the departure day the person is receiving that pension;
then, subject to subitem (5), the amendments made by items 1 to 5 do not apply in relation to the person’s period of absence from Australia starting on the departure day.
General rule (5) If none of subitems (2) to (4) have the effect that the amendments made by items 1 to 5 do not apply in relation to a person’s period of absence from Australia starting on or after 1 July 2014, then, despite subitems (2) to (4), the amendments made by items 1 to 5 apply in relation to any other period of absence from Australia of the person starting on or after that day.
Portability extension
(6) If:
(a) in relation to a person referred to in subitem (3) or (4), the Secretary is satisfied that the person’s return to Australia is temporary; and
(b) the Secretary is satisfied that the person is unable to leave Australia before the end of the 26 weeks mentioned in paragraph (3)(d) or (4)(d) because of an event referred to in subitem (7);
the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (3)(d) or (4)(d) is taken to be a reference to another number of weeks.
(7) The events are the following:
(a) a serious accident involving the person or a family member of the person;
(b) a serious illness of the person or a family member of the person;
(c) the hospitalisation of the person or a family member of the person;
(d) the death of a family member of the person;
(e) the person’s involvement in custody proceedings in Australia;
(f) a legal requirement for the person to remain in Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);
(g) robbery or serious crime committed against the person or a family member of the person;
(h) a natural disaster in Australia;
(i) a public health crisis affecting Australia or the country to which the person intends to return to or both.
(8) The Secretary must not make a determination under subitem (6) unless the event occurred or began during the period of return to Australia.
(9) If the Secretary determines another number (the
new number ) of weeks under subitem (6), then, immediately after that determination is made, a reference to a number of weeks in paragraph (3)(d) or (4)(d), and each reference to a number of weeks in subitem (6), is taken to be a reference to that new number.
(10) Subitems (6) to (8) apply in relation to the following:
(a) a period of return to Australia starting on or after the commencement of those subitems;
(b) a period of return to Australia starting before that commencement, where the person is in Australia immediately before that commencement and where:
(i) the 26 weeks mentioned in paragraph (3)(d) or (4)(d) of this item had not ended immediately before that commencement; or
(ii) under subsection 1221A(1) of the
Social Security Act 1991 , as in force before 1 July 2021, the Secretary had determined another number of weeks with the result that the period referred to in paragraph (3)(d) or (4)(d) of this item ended at the end of 30 June 2021.(11) If subitems (6) to (8) apply in relation to a period of return because of the operation of subparagraph (10)(b)(ii) of this item, then, at the commencement of this subitem, a reference to 26 weeks in paragraph (3)(d) or (4)(d) of this item, and each reference to 26 weeks in subitem (6), is taken to be a reference to that other number of weeks.
Omit “to 22”, substitute “and 21”.
Repeal the sections.
Repeal the heading, substitute:
Omit “300 months (25 years)”, substitute “420 months (35 years)”.
Repeal the heading, substitute:
Omit “300 months (25 years)”, substitute “420 months (35 years)”.
Repeal the formula, substitute:
Periods of absence from Australia (1) Subject to this item, the amendments made by items 7 to 13 apply in relation to periods of absence from Australia starting on or after 1 July 2014.
(2) If:
(a) immediately before 1 July 2014 a person was receiving a social security payment under a scheduled international social security agreement; and
(b) immediately before 1 July 2014 the person was in Australia but was not residing in Australia; and
(c) the person leaves Australia on a day (the
departure day ) that is before the end of the period of 26 weeks beginning on 1 July 2014; and(d) on the departure day the person is receiving that payment;
then, subject to subitems (5) and (6), the amendments made by items 7 to 13 do not apply in relation to the person’s period of absence from Australia starting on the departure day.
(3) If:
(a) because of subitem (2), the amendments made by items 7 to 13 did not apply in relation to the person’s period of absence from Australia starting on the departure day; and
(b) after the departure day the person returns to Australia; and
(c) immediately before returning to Australia the person is receiving that payment; and
(d) the person leaves Australia on a day (the
relevant day ) that is before the end of the period of 26 weeks beginning on the day the person returned to Australia; and(e) on the relevant day the person is receiving that payment;
then, subject to subitems (5) and (6), the amendments made by items 7 to 13 do not apply in relation to the person’s period of absence from Australia starting on the relevant day.
(4) If:
(a) immediately before 1 July 2014 a person was outside Australia and was receiving a social security payment under a scheduled international social security agreement at a rate worked out under Part 3 of the
Social Security (International Agreements) Act 1999 ; and(b) on or after 1 July 2014 the person returns to Australia; and
(c) immediately before returning to Australia the person is receiving that payment at that rate; and
(d) the person leaves Australia on a day (the
departure day ) that is before the end of the period of 26 weeks beginning on the day the person returned to Australia; and(e) on the departure day the person is receiving that payment (regardless of how the rate of that payment is being worked out);
then, subject to subitems (5) and (6), the amendments made by items 7 to 13 do not apply in relation to the person’s period of absence from Australia starting on the departure day.
(5) If none of subitems (2) to (4) have the effect that the amendments made by items 7 to 13 do not apply in relation to a person’s period of absence from Australia starting on or after 1 July 2014, then, despite subitems (2) to (4), the amendments made by items 7 to 13 apply in relation to any other period of absence from Australia of the person starting on or after that day.
Existing recipients of wife pension or carer payment
(6) If:
(a) immediately before 1 July 2014 a person was receiving a wife pension or a carer payment under a scheduled international social security agreement; and
(b) immediately before 1 July 2014 the person’s period of Australian working life residence exceeded the period of Australian working life residence of:
(i) if the person was receiving a wife pension—the person’s partner; or
(ii) if the person was receiving a carer payment—the person for whom the person was providing care;
then the amendments made by items 7 and 8 apply in relation to working out the rate of that wife pension or carer payment on or after 1 July 2014.
New recipients of social security payments
(7) If:
(a) a person is outside Australia on or after 1 July 2014 (regardless of when the absence began); and
(b) the person’s start day, in relation to a social security payment under a scheduled international social security agreement, is on or after 1 July 2014;
then the amendments made by items 7 to 13 apply in relation to working out the rate of that payment.
Portability extension
(8) If:
(a) in relation to a person referred to in subitem (3) or (4), the Secretary is satisfied that the person’s return to Australia is temporary; and
(b) the Secretary is satisfied that the person is unable to leave Australia before the end of the 26 weeks mentioned in paragraph (3)(d) or (4)(d) because of an event referred to in subitem (9);
the Secretary may, in relation to the person, determine that a reference to 26 weeks in paragraph (3)(d) or (4)(d) is taken to be a reference to another number of weeks.
(9) The events are the following:
(a) a serious accident involving the person or a family member of the person;
(b) a serious illness of the person or a family member of the person;
(c) the hospitalisation of the person or a family member of the person;
(d) the death of a family member of the person;
(e) the person’s involvement in custody proceedings in Australia;
(f) a legal requirement for the person to remain in Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);
(g) robbery or serious crime committed against the person or a family member of the person;
(h) a natural disaster in Australia;
(i) a public health crisis affecting Australia or the country to which the person intends to return to or both.
(10) The Secretary must not make a determination under subitem (8) unless the event occurred or began during the period of return to Australia.
(11) If the Secretary determines another number (the
new number ) of weeks under subitem (8), then, immediately after that determination is made, a reference to a number of weeks in paragraph (3)(d) or (4)(d), and each reference to a number of weeks in subitem (8), is taken to be a reference to that new number.(12) Subitems (8) to (10) apply in relation to the following:
(a) a period of return to Australia starting on or after the commencement of those subitems;
(b) a period of return to Australia starting before that commencement, where the person is in Australia immediately before that commencement and where:
(i) the 26 weeks mentioned in paragraph (3)(d) or (4)(d) of this item had not ended immediately before that commencement; or
(ii) under subsection 1221A(1) of the
Social Security Act 1991 , as in force before 1 July 2021, the Secretary had determined another number of weeks with the result that the period referred to in paragraph (3)(d) or (4)(d) of this item ended at the end of 30 June 2021.(13) If subitems (8) to (10) apply in relation to a period of return because of the operation of subparagraph (12)(b)(ii) of this item, then, at the commencement of this subitem, a reference to 26 weeks in paragraph (3)(d) or (4)(d) of this item, and each reference to 26 weeks in subitem (8), is taken to be a reference to that other number of weeks.
Omit:
• A person who wants to get a pension bonus must
register as amember of the pension bonus scheme .
substitute:
• A person who wants to get a pension bonus must
register as amember of the pension bonus scheme . An application for registration cannot be made on or after 1 July 2014.
Before “A”, insert “(1)”.
Add:
(2) However, a person cannot make an application on or after 1 July 2014.
Repeal the notes.
Repeal the subsections.
Despite the amendments made by this Schedule, if:
(a) before the commencement of this item, an application under section 92D of the
Social Security Act 1991 was lodged; and(b) the application was lodged during an extended period referred to in subsection 92H(3) of that Act;
then that subsection, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to that application.
Omit:
• A person who wants to get a pension bonus must
register as amember of the pension bonus scheme .
substitute:
• A person who wants to get a pension bonus must
register as amember of the pension bonus scheme . An application for registration cannot be made on or after 1 July 2014.
Before “A”, insert “(1)”.
Add:
(2) However, a person cannot make an application on or after 1 July 2014.
Repeal the notes.
Repeal the subsections.
Despite the amendments made by this Schedule, if:
(a) before the commencement of this item, an application under section 45TD of the
Veterans’ Entitlements Act 1986 was lodged; and(b) the application was lodged during an extended period referred to in subsection 45TH(3) of that Act;
then that subsection, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to that application.
Repeal the heading, substitute:
No indexation of certain income limits for certain years
Omit “and 1 July 2013”, substitute “, 1 July 2013, 1 July 2014, 1 July 2015 and 1 July 2016”.
Repeal the heading, substitute:
No indexation of FTB gross supplement amount (A) and (B) for certain years
Omit “and 1 July 2013”, substitute “, 1 July 2013, 1 July 2014, 1 July 2015 and 1 July 2016”.
Omit “30 June 2014”, substitute “30 June 2017”.
Omit “1 July 2014”, substitute “1 July 2017”.
Omit “1 July 2014”, substitute “1 July 2017”.
Omit “30 June 2014”, substitute “30 June 2017”.
Omit “3 years” (wherever occurring), substitute “56 weeks”.
Omit “3 years”, substitute “56 weeks”.
Omit “3 years”, substitute “56 weeks”.
Omit “3 years”, substitute “56 weeks”.
Add:
Extension of 56 week period in certain circumstances
(7) The Secretary may extend the 56 week period (the
initial period ) referred to in subsection (1), (2), (4) or (5), to a period of no more than 3 years, if the Secretary is satisfied that the child mentioned in subsection (1) or (2), or the individual mentioned in subsection (4) or (5), (in each case, theperson ) is unable to return to Australia within the initial period because of any of the following events:
(a) a serious accident involving the person or a family member of the person;
(b) a serious illness of the person or a family member of the person;
(c) the hospitalisation of the person or a family member of the person;
(d) the death of a family member of the person;
(e) the person’s involvement in custody proceedings in the country in which the person is located;
(f) a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);
(g) robbery or serious crime committed against the person or a family member of the person;
(h) a natural disaster in the country in which the person is located;
(i) political or social unrest in the country in which the person is located;
(j) industrial action in the country in which the person is located;
(k) a war in the country in which the person is located.
(8) The Secretary must not extend the initial period under subsection (7) unless:
(a) the event occurred or began during the initial period; and
(b) if the event is political or social unrest, industrial action or war—the person is not willingly involved in, or willingly participating in the event.
(9) The Secretary may extend the 56 week period referred to in subsection (1), (2), (4) or (5), to a period of no more than 3 years, if the Secretary is satisfied that, under the Medical Treatment Overseas Program administered by the Minister who administers the
National Health Act 1953 , financial assistance is payable in respect of the absence from Australia of the child mentioned in subsection (1) or (2) or the individual mentioned in subsection (4) or (5).(10) The Secretary may extend the 56 week period referred to in subsection (4) or (5), to a period of no more than 3 years, if the Secretary is satisfied that the individual mentioned in the subsection is unable to return to Australia within the 56 week period because the individual is:
(a) deployed outside Australia as a member of the Defence Force, under conditions specified in a determination made under the
Defence Act 1903 that relates to such deployment; or(b) deployed outside Australia, for the purpose of capacity‑building or peacekeeping functions, as:
(i) a member or a special member of the Australian Federal Police; or
(ii) a protective service officer within the meaning of the
Australian Federal Police Act 1979 .
Omit “3 years”, substitute “56 weeks”.
Omit “3 years”, substitute “56 weeks”.
The amendments made by items 1 to 7 apply in relation to an individual’s eligibility for family tax benefit on and from 1 July 2014. For this purpose, it does not matter whether an absence from Australia began before, on or after 1 July 2014.
Omit “3 years”, substitute “56 weeks”.
Repeal the heading, substitute:
Effect of a person’s return to Australia within 56 weeks
Omit “3 years”, substitute “56 weeks”.
Repeal the heading, substitute:
Effect of a person’s return to Australia after 56 weeks
Add:
Extension of 56 week period for Australian Defence Force and Australian Federal Police deployments
(4) The Secretary may extend the 56 week period referred to in subsection (1) or (2), to a period of no more than 3 years, if the Secretary is satisfied that the person is unable to return to Australia within the 56 week period because the person is:
(a) deployed outside Australia as a defence force member, under conditions specified in a determination made under the
Defence Act 1903 that relates to such deployment; or(b) deployed outside Australia, for the purpose of capacity‑building or peacekeeping functions, as:
(i) a member or a special member of the Australian Federal Police; or
(ii) a protective service officer within the meaning of the
Australian Federal Police Act 1979 .
Extension of 56 week period for events or circumstances prescribed in the PPL rules
(5) The Secretary may extend the 56 week period referred to in subsection (1) or (2), to a period of no more than 3 years, if the Secretary is satisfied that:
(a) the person is unable to return to Australia within the 56 week period because of an event prescribed by the PPL rules; or
(b) a circumstance prescribed by the PPL rules applies.
(1) The amendments made by items 9 to 13 apply in relation to a person’s eligibility for parental leave pay and dad and partner pay for a child born on or after 1 July 2014. For this purpose, it does not matter whether an absence from Australia began before, on or after 1 July 2014.
(2) The following provisions of the
Paid Parental Leave Act 2010 apply in relation to this item as if this item were a provision of that Act:
(a) section 275 (which deals with how that Act applies to an adopted child);
(b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances);
(c) section 277A (which deals with how that Act applies to claims for dad and partner pay made in prescribed circumstances).
1
Subsection 8(1) (note 1 at the end of the definition of income ) Omit “sections 1076‑1084 (deemed income from financial assets), sections 1095 to 1099DAA (income from income streams)”, substitute “Division 1B of Part 3.10 (income from financial assets (including income streams (short term) and certain income streams (long term)), Division 1C of Part 3.10 (income from income streams not covered by Division 1B of Part 3.10)”.
2
Subsection 8(1) (note 3 at the end of the definition of ordinary income ) Omit “sections 1076‑1084 (deemed income from financial assets) and sections 1095‑1099DAA (income from income streams)”, substitute “Division 1B of Part 3.10 (income from financial assets (including income streams (short term) and certain income streams (long term)) and Division 1C of Part 3.10 (income from income streams not covered by Division 1B of Part 3.10)”.
3
Subsection 9(1) (at the end of paragraph (h) of the definition of financial investment ) Add “or”.
4
Subsection 9(1) (after paragraph (h) of the definition of financial investment ) Insert:
(i) an asset‑tested income stream (long term) that is an account‑based pension within the meaning of the
Superannuation Industry (Supervision) Regulations 1994 ; or(j) an asset‑tested income stream (long term) that is an annuity (within the meaning of the
Superannuation Industry (Supervision) Act 1993 ) provided under a contract that meets the requirements determined in an instrument under subsection (1EA);
Repeal the notes.
Insert:
(1EA) The Minister may, by legislative instrument, determine requirements for the purposes of paragraph (j) of the definition of
financial investment in subsection (1).
Omit “deemed income from financial assets (sections 1076 to 1084)”, substitute “income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10)”.
Omit “income from income streams (sections 1095 to 1099DAA)”, substitute “income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10)”.
Omit “deemed income from financial assets (sections 1076 to 1084)”, substitute “income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10)”.
Omit “income from income streams (sections 1095 to 1099DAA)”, substitute “income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10)”.
Omit “deemed income from financial assets (sections 1076 to 1084)”, substitute “income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10)”.
Omit “income from income streams (sections 1095 to 1099DAA)”, substitute “income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10)”.
Omit “deemed income from financial assets (sections 1076 to 1084A)”, substitute “income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10)”.
Omit “income streams (sections 1095 to 1099DAA)”, substitute “income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10)”.
Omit “deemed income from financial assets (sections 1076 to 1084A)”, substitute “income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10)”.
Omit “income from income streams (sections 1096 to 1099DAA)”, substitute “income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10)”.
Omit “deemed income from financial assets (sections 1076 to 1084)”, substitute “income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10)”.
Omit “income from income streams (sections 1095 to 1099DAA)”, substitute “income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10)”.
Omit “deemed income from financial assets (sections 1076 to 1084)”, substitute “income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10)”.
Omit “income from income streams (sections 1095 to 1099DAA)”, substitute “income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10)”.
Omit “deemed income from financial assets (sections 1076 to 1084)”, substitute “income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 1B of Part 3.10)”.
Omit “income from income streams (sections 1095 to 1099DAA)”, substitute “income from income streams not covered by Division 1B of Part 3.10 (Division 1C of Part 3.10)”.
Omit “sections 1076 to 1084 (deemed income from financial assets) and sections 1095 to 1099DAA (income from income streams)”, substitute “Division 1B (income from financial assets (including income streams (short term) and certain income streams (long term)) and Division 1C (income from income streams not covered by Division 1B)”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Before “This”, insert “(1)”.
Add:
(2) However, this Subdivision does not apply to:
(a) an asset‑tested income stream (long term) that is an account‑based pension within the meaning of the
Superannuation Industry (Supervision) Regulations 1994 ; or(b) an asset‑tested income stream (long term) that is an annuity (within the meaning of the
Superannuation Industry (Supervision) Act 1993 ) provided under a contract that meets the requirements determined in an instrument under subsection 9(1EA) of this Act.Note 1: For treatment of an income stream mentioned in subsection (2), see Division 1B.
Note 2: Part 2 of Schedule 11 to the
Social Services and Other Legislation Amendment Act 2014 preserves the rules in this Subdivision for a certain kind of income stream that was being provided to a person immediately before 1 January 2015 where the person was receiving an income support payment immediately before that day provided that, since that day, that income stream has been provided to the person and the person has been continuously receiving an income support payment.
Repeal the paragraph, substitute:
(b) the income stream is an allocated pension within the meaning of the
Superannuation Industry (Supervision) Regulations 1994 ; and
Before “This”, insert “(1)”.
Add:
(2) However, this Subdivision does not apply to:
(a) an asset‑tested income stream (long term) that is an account‑based pension within the meaning of the
Superannuation Industry (Supervision) Regulations 1994 ; or(b) an asset‑tested income stream (long term) that is an annuity (within the meaning of the
Superannuation Industry (Supervision) Act 1993 ) provided under a contract that meets the requirements determined in an instrument under subsection 9(1EA) of this Act.Note 1: For treatment of an income stream mentioned in subsection (2), see Division 1B.
Note 2: Part 2 of Schedule 11 to the
Social Services and Other Legislation Amendment Act 2014 preserves the rules in this Subdivision for a certain kind of income stream that was being provided to a person immediately before 1 January 2015 where the person was receiving an income support payment immediately before that day provided that, since that day, that income stream has been provided to the person and the person has been continuously receiving an income support payment.
Omit “(Deemed income from financial assets)”, substitute “(income from financial assets (including income streams (short term) and certain income streams (long term))”.
32
Subsection 5H(1) (note 1 at the end of the definition of income ) Omit “sections 46D to 46L (deemed income from financial assets) and sections 46Q to 46YA (income from income streams)”, substitute “Division 3 of Part IIIB (income from financial assets (including income streams (short term) and certain income streams (long term)) and Division 4 of Part IIIB (income from income streams not covered by Division 3 of Part IIIB)”.
33
Subsection 5H(1) (note 3 at the end of the definition of ordinary income ) Omit “sections 46D to 46L (deemed income from financial assets) and sections 46Q to 46YA (income from income streams)”, substitute “Division 3 of Part IIIB (income from financial assets (including income streams (short term) and certain income streams (long term)) and Division 4 of Part IIIB (income from income streams not covered by Division 3 of Part IIIB)”.
34
Subsection 5J(1) (at the end of paragraph (h) of the definition of financial investment ) Add “or”.
35
Subsection 5J(1) (after paragraph (h) of the definition of financial investment ) Insert:
(i) an asset‑tested income stream (long term) that is an account‑based pension within the meaning of the
Superannuation Industry (Supervision) Regulations 1994 ; or(j) an asset‑tested income stream (long term) that is an annuity (within the meaning of the
Superannuation Industry (Supervision) Act 1993 ) provided under a contract that meets the requirements determined in an instrument under subsection (1G);
Repeal the notes.
Insert:
(1G) The Minister may, by legislative instrument, determine requirements for the purposes of paragraph (j) of the definition of
financial investment in subsection (1).
Omit “sections 46D to 46L (deemed income from financial assets) and sections 46Q to 46YA (income from income streams)”, substitute “Division 3 (income from financial assets (including income streams (short term) and certain income streams (long term)) and Division 4 (income from income streams not covered by Division 3)”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Before “This”, insert “(1)”.
Add:
(2) However, this Subdivision does not apply to:
(a) an asset‑tested income stream (long term) that is an account‑based pension within the meaning of the
Superannuation Industry (Supervision) Regulations 1994 ; or(b) an asset‑tested income stream (long term) that is an annuity (within the meaning of the
Superannuation Industry (Supervision) Act 1993 ) provided under a contract that meets the requirements determined in an instrument under subsection 5J(1G) of this Act.Note 1: For treatment of an income stream mentioned in subsection (2), see Division 3.
Note 2: Part 2 of Schedule 11 to the
Social Services and Other Legislation Amendment Act 2014 preserves the rules in this Subdivision for a certain kind of income stream that was being provided to a person immediately before 1 January 2015 where the person was receiving an income support payment immediately before that day provided that, since that day, that income stream has been provided to the person and the person has been continuously receiving an income support payment.
Repeal the paragraph, substitute:
(b) the income stream is an allocated pension within the meaning of the
Superannuation Industry (Supervision) Regulations 1994 ; and
Before “This”, insert “(1)”.
Add:
(2) However, this Subdivision does not apply to:
(a) an asset‑tested income stream (long term) that is an account‑based pension within the meaning of the
Superannuation Industry (Supervision) Regulations 1994 ; or(b) an asset‑tested income stream (long term) that is an annuity (within the meaning of the
Superannuation Industry (Supervision) Act 1993 ) provided under a contract that meets the requirements determined in an instrument under subsection 5J(1G) of this Act.Note 1: For treatment of an income stream mentioned in subsection (2), see Division 3.
Note 2: Part 2 of Schedule 11 to the
Social Services and Other Legislation Amendment Act 2014 preserves the rules in this Subdivision for a certain kind of income stream that was being provided to a person immediately before 1 January 2015 where the person was receiving an income support payment immediately before that day provided that, since that day, that income stream has been provided to the person and the person has been continuously receiving an income support payment.
46
Point SCH6‑E2 of Schedule 6 (paragraph (c) of note 2) Omit “deemed income from financial assets (sections 46D to 46M)”, substitute “income from financial assets (including income streams (short term) and certain income streams (long term)) (Division 3 of Part IIIB)”.
47
Point SCH6‑E2 of Schedule 6 (paragraph (d) of note 2) Omit “income from income streams (sections 46Q to 46YA)”, substitute “income from income streams not covered by Division 3 of Part IIIB (Division 4 of Part IIIB)”.
(1) The amendments made by Part 1 apply in relation to working out the ordinary income of a person in relation to days occurring on or after 1 January 2015.
(2) However, if:
(a) a person was receiving an income support payment immediately before 1 January 2015; and
(b) either:
(i) an asset‑tested income stream (long term), that is an account‑based pension within the meaning of the
Superannuation Industry (Supervision) Regulations 1994 , was being provided to the person immediately before 1 January 2015; or(ii) an asset‑tested income stream (long term), that is an annuity (within the meaning of the
Superannuation Industry (Supervision) Act 1993 ) provided under a contract that meets the standards determined in an instrument under subparagraph 1099DAA(1)(b)(ii) of theSocial Security Act 1991 , was being provided to the person immediately before 1 January 2015; and(c) since the start of that day:
(i) the person has been continuously receiving an income support payment; and
(ii) that asset‑tested income stream (long term) has been provided to the person;
then the amendments made by Part 1 do not apply in relation to the person (the
primary beneficiary ) and that asset‑tested income stream (long term).
(3) If:
(a) while the amendments made by Part 1 do not apply in relation to the primary beneficiary because of subitem (2), the primary beneficiary dies; and
(b) that asset‑tested income stream (long term) reverts to a reversionary beneficiary on the primary beneficiary’s death; and
(c) at the time of that reversion the reversionary beneficiary is receiving an income support payment; and
(d) since the time of that reversion:
(i) the reversionary beneficiary has been continuously receiving an income support payment; and
(ii) that asset‑tested income stream (long term) has been provided to the reversionary beneficiary;
then the amendments made by Part 1 do not apply in relation to the reversionary beneficiary and that asset‑tested income stream (long term).
(4) In this item:
income support payment has the meaning given by subsection 23(1) of theSocial Security Act 1991 .
1
At the end of Division 1 of Part 2B.3 of Chapter 2B Add:
The Commissioner of Taxation has the general administration of this Part to the following extent:
(a) Divisions 2 and 4;
(b) Division 5, except section 1061ZZFE;
(c) Divisions 6 to 8;
(d) section 1061ZZFO.
Note: One effect of this is that this Part is to that extent a taxation law for the purposes of the
Taxation Administration Act 1953 .
Repeal the section.
Omit “written application”, substitute “application in the approved form”.
Add:
(4) In this section:
approved form has the meaning given by section 388‑50 in Schedule 1 to theTaxation Administration Act 1953 .
Omit “written application”, substitute “application in the approved form”.
Add:
(3) In this section:
approved form has the meaning given by section 388‑50 in Schedule 1 to theTaxation Administration Act 1953 .
After “subject to”, insert “section 12ZEA and to”.
Add:
Note: Section 12ZEA provides that the Commissioner has the general administration of Division 6 of Part 4A, to the extent that the Division relates to the Commissioner.
Insert:
The Commissioner has the general administration of this Division, to the extent that it relates to the Commissioner.
Note: One effect of this is that this Division is to that extent a taxation law for the purposes of the
Taxation Administration Act 1953 .
Repeal the section.
Omit “written application”, substitute “application in the approved form”.
Add:
(4) In this section:
approved form has the meaning given by section 388‑50 in Schedule 1 to theTaxation Administration Act 1953 .
After “or any”, insert “other”.
The amendments made by items 3, 5 and 11 apply in relation to applications made on or after the commencement of those items.
Repeal the heading, substitute:
Claim must relate to one income year and be made within a certain period
Repeal the sections, substitute:
(1) This section applies to the first individual for a same‑rate benefit period if:
(a) the first individual is or was required to lodge an income tax return for the relevant income year; and
(b) clause 38L of Schedule 1 to the Family Assistance Act did not apply to the first individual at any time during the same‑rate benefit period.
(2) Disregard paragraph (1)(b) if the first individual was a member of a couple at any time during the same‑rate benefit period.
(3) The relevant reconciliation time is the time when an assessment is made under the
Income Tax Assessment Act 1936 of the first individual’s taxable income for the relevant income year, so long as the first individual’s income tax return for the relevant income year was lodged before the end of:
(a) the first income year after the relevant income year; or
(b) such further period (if any) as the Secretary allows, if the Secretary is satisfied that there are special circumstances that prevented the first individual from lodging the return before the end of that first income year.
(4) The further period under paragraph (3)(b) must end no later than the end of the second income year after the relevant income year.
(1) This section applies to the first individual for a same‑rate benefit period if:
(a) the first individual was a member of a couple throughout that period; and
(b) the other member of the couple (the
partner ) is or was required to lodge an income tax return for the relevant income year; and(c) the first individual continues to be a member of the couple until the end of:
(i) the first income year after the relevant income year; or
(ii) such further period (if any) as the Secretary allows, if the Secretary is satisfied that there are special circumstances that prevented the partner from lodging the return before the end of that first income year.
(2) The relevant reconciliation time is the time when an assessment is made under the
Income Tax Assessment Act 1936 of the partner’s taxable income for the relevant income year, so long as the partner’s income tax return for the relevant income year was lodged before the end of:
(a) the first income year after the relevant income year; or
(b) such further period (if any) as the Secretary allows under subparagraph (1)(c)(ii).
(3) The further period under subparagraph (1)(c)(ii) must end no later than the end of the second income year after the relevant income year.
(1) This section applies to the first individual for a same‑rate benefit period if:
(a) the first individual was a member of a couple throughout that period; and
(b) the other member of the couple (the
partner ) is or was required to lodge an income tax return for the relevant income year; and(c) the first individual ceased to be a member of the couple during the first income year after the relevant income year.
(2) The relevant reconciliation time is:
(a) if the partner lodged the return before the end of the first income year after the relevant income year—when an assessment is made under the
Income Tax Assessment Act 1936 of the partner’s taxable income for the relevant income year; or(b) otherwise—the end of the first income year after the relevant income year.
(1) This section applies to the first individual for a same‑rate benefit period if:
(a) the first individual was a member of a couple throughout that period; and
(b) the other member of the couple (the
partner ) is or was required to lodge an income tax return for the relevant income year; and(c) the partner did not lodge the return before the end of the first income year after the relevant income year; and
(d) the Secretary allowed a further period for the partner to lodge the return because the Secretary was satisfied that there were special circumstances that prevented the partner from lodging the return before the end of that first income year; and
(e) the first individual ceased to be a member of the couple during the period beginning at the start of the second income year after the relevant income year and ending at the end of that further period allowed by the Secretary.
(2) The relevant reconciliation time is:
(a) if the partner lodged the return while the first individual and the partner were members of the same couple—when an assessment is made under the
Income Tax Assessment Act 1936 of the partner’s taxable income for the relevant income year; or(b) otherwise—when the first individual ceased to be a member of the couple.
(3) The further period under paragraph (1)(d) must end no later than the end of the second income year after the relevant income year.
Repeal the section.
Omit “before the end of the income year next following that year”, substitute “in accordance with subsection (3AA)”.
Insert:
(3AA) For the purposes of subsection (3), the income tax return of a person in respect of a particular income year (the
base year ) must be lodged before the end of:
(a) the first income year after the base year; or
(b) such further period (if any) as the Secretary allows, if the Secretary is satisfied that there are special circumstances that prevented the person from lodging the return before the end of that first income year.
(3AB) The further period under paragraph (3AA)(b) must end no later than the end of the second income year after the base year.
Omit “before the end of the next income year”, substitute “in accordance with subsection (4A)”.
Omit “before the end of the next income year”, substitute “in accordance with subsection (4A)”.
Insert:
(4A) For the purposes of paragraph (4)(a) or subparagraph (4)(b)(i), the income tax return of a person in respect of a particular income year (the
base year ) must be lodged before the end of:
(a) the first income year after the base year; or
(b) such further period (if any) as the Secretary allows, if the Secretary is satisfied that there are special circumstances that prevented the person from lodging the return before the end of that first income year.
(4B) The further period under paragraph (4A)(b) must end no later than the end of the second income year after the base year.
Omit “before the end of the next income year”, substitute “in accordance with subsection (3A)”.
Omit “before the end of the next income year”, substitute “in accordance with subsection (3A)”.
Insert:
(3A) For the purposes of paragraph (3)(a) or subparagraph (3)(b)(i), the income tax return of a person in respect of a particular income year (the
base year ) must be lodged before the end of:
(a) the first income year after the base year; or
(b) such further period (if any) as the Secretary allows, if the Secretary is satisfied that there are special circumstances that prevented the person from lodging the return before the end of that first income year.
(3B) The further period under paragraph (3A)(b) must end no later than the end of the second income year after the base year.
(1) The amendments made by items 16 and 17 apply in relation to a relevant income year referred to in subsection 32A(1) of the
A New Tax System (Family Assistance) (Administration) Act 1999 that is the 2013‑14 income year or a later income year.(2) The amendments made by items 18 to 25 apply in relation to an income year referred to in paragraph 107(3)(d), 109D(4)(a) or 109E(3)(a) or subparagraph 109D(4)(b)(i) or 109E(3)(b)(i) of the
A New Tax System (Family Assistance) (Administration) Act 1999 that is the 2013‑14 income year or a later income year.
27
At the end of Division 3 of Part 2 of Chapter 3 Add:
(1) An NDIS amount is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
(2) This section is subject to Part 1 of Chapter 7.
General rule
(1) A court must not make an order in the nature of a garnishee order in respect of an account with a financial institution if:
(a) one or more NDIS amounts for a particular participant have been paid to the credit of the account; and
(b) the account has been kept solely for the purpose of managing the funding for supports under the participant’s plan.
Exception
(2) However, a court may make an order in the nature of a garnishee order in respect of the account if:
(a) the order is made in favour of a person in relation to a debt that arose because of the person providing goods or services in relation to the participant; and
(b) the goods or services are reasonable and necessary supports specified in the participant’s plan.
(1) Section 46A of the
National Disability Insurance Scheme Act 2013 , as amended by this Act, applies in relation to NDIS amounts paid on or after the commencement of this item.(2) Section 46B of the
National Disability Insurance Scheme Act 2013 , as amended by this Act, applies in relation to court orders made on or after the commencement of this item.
Repeal the sections.
Insert:
(1) This section applies in relation to the tax file number of an individual that is provided to the Secretary under this Act for the purposes of this Act.
Assistance to the Secretary
(2) The Secretary may:
(a) provide the tax file number referred to in subsection (1) to the Commissioner of Taxation; and
(b) require the Commissioner of Taxation to provide the Secretary with information about the individual (including the number the Commissioner of Taxation considers to be the individual’s tax file number) that is requested by the Secretary.
(3) Information provided to the Secretary under a requirement made under subsection (2) may be used only for the following purposes:
(a) to detect cases in which amounts of family assistance under the family assistance law have been paid when they should not have been paid;
(b) to verify, in respect of individuals who have made claims for family assistance under the family assistance law, the eligibility or entitlement of those individuals for family assistance;
(c) to establish whether the rates at which family assistance under the family assistance law are being, or have been, paid are, or were, correct;
(d) to assist in the recovery of a debt due to the Commonwealth under this Act.
Assistance to the Commissioner of Taxation
(4) The Secretary may provide the tax file number referred to in subsection (1) to the Commissioner of Taxation for the following purposes:
(a) to assist the Commissioner act under section 87 (applying tax refund to family assistance debt) in relation to a debt owed by an individual;
(b) to assist the Commissioner act under section 93 (applying tax refund to another person’s family assistance debt) in relation to a debt owed by an individual;
(c) to assist the payment of deductions to the Commissioner under section 225;
(d) to assist the Commissioner set off amounts under section 226.
(1) Subsection 160A(1) of the
A New Tax System (Family Assistance) (Administration) Act 1999 , as inserted by this Act, applies in relation to a tax file number provided to the Secretary before, on or after the commencement of this item.(2) Despite the amendment made by item 29, sections 154A and 154B of the
A New Tax System (Family Assistance) (Administration) Act 1999 , as in force immediately before the commencement of that item, continue to apply on and after that commencement in relation to a record provided under subsection 154A(2) or 154B(1) of that Act before that commencement.
32
Subsection 5(1) (definition of Family Assistance Secretary ) Repeal the definition.
Omit “The Secretary of the Department of which the Registrar is an employee”, substitute “The Human Services Secretary”.
Omit “Family Assistance Secretary”, substitute “Secretary”.
Omit “Family Assistance Secretary”, substitute “Secretary”.
Omit “Family Assistance Secretary”, substitute “Secretary”.
Omit “Family Assistance Secretary”, substitute “Secretary”.
Omit “Family Assistance Secretary”, substitute “Secretary”.
Omit “Family Assistance Secretary”, substitute “Secretary”.
Omit “Family Assistance Secretary”, substitute “Secretary”.
Omit “Family Assistance Secretary’s”, substitute “Secretary’s”.
Add “or the Human Services Department”.
43
Subsection 150(1) (after paragraph (a) of the definition of person to whom this section applies ) Insert:
(aa) the Human Services Minister; or
44
Subsection 150(1) (paragraph (a) of the definition of relevant Minister ) Repeal the paragraph, substitute:
(a) the Minister; or
(aa) the Human Services Minister; or
Insert:
(ia) the Human Services Secretary; or
After “Department”, insert “or the Human Services Department”.
After “Department”, insert “or the Human Services Department”.
48
Subsection 150AA(3) (paragraphs (a) and (b) of the definition of relevant information ) After “Department”, insert “, the Human Services Department”.
Omit “Department”, substitute “Human Services Department”.
Omit “Department”, substitute “Human Services Department”.
51
Subsection 4(1) (definition of Human Services Department ) Omit “Minister administering the
Human Services (Centrelink) Act 1997 ”, substitute “Human Services Minister”.
Insert:
Human Services Minister means the Minister administering theHuman Services (Centrelink) Act 1997 .
Insert:
Human Services Secretary means the Secretary of the Human Services Department.
Omit “The Secretary of the Department of which the Registrar is an employee”, substitute “The Human Services Secretary”.
Omit “Department”, substitute “Human Services Department”.
Omit “Secretary”, substitute “Human Services Secretary”.
Omit “Secretary may appoint an SES employee in the Department”, substitute “Human Services Secretary may appoint an SES employee in the Human Services Department”.
Add “or the Human Services Department”.
59
Subsection 16(1) (after paragraph (a) of the definition of person to whom this section applies ) Insert:
(aa) the Human Services Minister; or
60
Subsection 16(1) (paragraph (a) of the definition of relevant Minister ) Repeal the paragraph, substitute:
(a) the Minister; or
(aa) the Human Services Minister; or
After “by the Secretary”, insert “or to the Human Services Secretary or a person authorised by the Human Services Secretary”.
Add “or the Human Services Secretary from communicating the reasons for a decision of the SSAT under Part VIIA to a person authorised by the Human Services Secretary”.
After “by the Secretary,”, insert “or the Human Services Secretary, or a person authorised by the Human Services Secretary,”.
Insert:
(ia) the Human Services Secretary; or
After “Department”, insert “or the Human Services Department”.
After “Department”, insert “or the Human Services Department”.
67
Subsection 16AA(3) (paragraphs (a) and (b) of the definition of relevant information ) After “Department”, insert “, the Human Services Department”.
Omit “the Secretary, the Registrar or an officer or employee of the Department”, substitute “the Human Services Secretary, the Registrar or an officer or employee of the Human Services Department”.
Omit “the Secretary, the Registrar or the officer or employee of the Department”, substitute “the Human Services Secretary, the Registrar or the officer or employee of the Human Services Department”.
Omit “Family Assistance Secretary”, substitute “Secretary”.
Omit “Secretary”, substitute “Human Services Secretary”.
Omit “Secretary”, substitute “Human Services Secretary”.
Omit “Family Assistance Secretary”, substitute “Secretary”.
Omit “if on any day”, substitute “if in relation to any day”.
After “individual” (wherever occurring), insert “or the individual’s partner”.
After “individual’s”, insert “or the individual’s partner’s”.
Insert:
(1A) If:
(a) under Division 1A of Part 5 of Schedule 1 an amount of newborn supplement is added for a day in relation to both members of a couple and an FTB child of both members of the couple; and
(b) in relation to that day, a determination under section 28 or 29 is in force in relation to both members of the couple and that child; and
(c) that day is the first day on which an amount of newborn supplement is added in relation to that child;
then, despite subsection (1) of this section, each member of the couple is entitled to be paid, as an amount of family tax benefit in respect of that child, an amount equal to $500 multiplied by the percentage applicable under that determination for that member on that day.
Note: The amount is to be paid as a single lump sum: see section 24A of the Family Assistance Administration Act.
Omit “Subsection (1)”, substitute “Subject to subsection (1A), subsection (1)”.
Add:
Interpretation
(5) This section is subject to sections 28AA and 32AEA of the Family Assistance Administration Act.
80
At the end of paragraph 35A(10)(b) of Schedule 1 Add “and”.
Insert:
(c) throughout that period there is no determination in force under section 28 or 29 in relation to both members of the couple and that child;
Omit “individual or the individual’s partner”, substitute “individual, or the individual’s partner, in the circumstances mentioned in paragraphs 35A(5)(b) and (c)”.
Repeal the subclause, substitute:
Multiple children cases
(2) If 2 or more children are born during the same multiple birth (including any stillborn child) and subclause 35A(2) applies in relation to an individual and one or more of those children (each of whom is a
qualifying child ), the amount of newborn supplement for the individual in respect of each qualifying child is the amount worked out using the formula:
Omit “subsection 58AA(1)”, substitute “subsections 58AA(1) and (1A)”.
Insert:
(1) If:
(a) an individual is entitled to be paid an amount (the
upfront amount ) of family tax benefit under section 58AA of the Family Assistance Act because an amount of newborn supplement is added in relation to the individual under Division 1A of Part 5 of Schedule 1 to that Act for one or more days; and(b) a variation under subsection 28(2) or (6) of this Act has the effect that the individual never was entitled to family tax benefit for those days;
then the individual is taken not to have been entitled to the upfront amount.
(2) If a variation under subsection 28(3) or (4) of this Act has the effect that the individual is entitled to be paid family tax benefit for those days, then subsection (1) of this section ceases to apply to the individual.
(3) Subsection (2) does not prevent subsection (1) again applying to the individual.
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At the end of Subdivision CA of Division 1 of Part 3 Add:
If this Subdivision has the effect that:
(a) the Secretary must not make a payment of family tax benefit (worked out on an estimated income basis) to an individual during a period; or
(b) an individual is not entitled to be paid family tax benefit (worked out on an estimated income basis) for a period;
then the individual is not entitled to be paid an amount of family tax benefit under section 58AA of the Family Assistance Act during that period.
Omit “subsections (3) and (4)”, substitute “subsections (3), (3A) and (4)”.
Insert:
(3A) If:
(a) in relation to any day during the period of 52 weeks mentioned in subsection (2), paragraphs 36(2)(a) and (b) of the Family Assistance Act apply in relation to the claimant or the claimant’s partner; and
(b) after the end of, or during the last 13 weeks of, that 52‑week period, the Secretary gives the claimant, or the claimant’s partner, a notice specifying that the claimant’s or the claimant’s partner’s rate of family tax benefit consists of or includes a Part A rate greater than nil;
subsection (2) of this section does not apply if the claim for payment of a stillborn baby payment is made within the period of 13 weeks after the day on which the notice is given.
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
The abbreviation key 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 (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.
The
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.
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.
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 = | Sch = Schedule(s) |
LIA = | 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 | |
No. = Number(s) | commenced or to be commenced |
Social Services and Other Legislation Amendment Act 2014 | 14, 2014 | 31 Mar 2014 | Sch 2: 28 Apr 2014 (s 2(1) item 3) Sch 3: 1 May 2014 (s 2(1) item 3A) Sch 4, 8 and 10: 1 July 2014 (s 2(1) items 3B, 5, 6) Sch 11: 1 Jan 2015 (s 2(1) item 7) Sch 12 (items 1–31): 1 Apr 2014 (s 2(1) item 8) Sch 12 (items 32–73): 7 Apr 2014 (s 2(1) item 9) Sch 12 (items 74–88): 1 Mar 2014 (s 2(1) item 10) Remainder: 31 Mar 2014 (s 2(1) items 1, 2, 5A) | |
Social Services Legislation Amendment (Portability Extensions) Act 2021 | 53, 2021 | 24 June 2021 | Sch 1 (items 10, 11): 1 July 2021 (s 2(1) item 1) | — |
item 6................................. | am No 53, 2021 |
item 14............................... | am No 53, 2021 |
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