Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005
No. 11, 2005
An Act to amend the A New Tax System (Family Assistance) Act 1999, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
A New Tax System (Family Assistance) Act 1999
Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005
No. 11, 2005
An Act to amend the A New Tax System (Family Assistance) Act 1999, and for related purposes
[Assented to 22 February 2005]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005.
2 Commencement
(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.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 22 February 2005 |
2. Schedule 1 | Immediately after the commencement of Schedule 1 to the Family Assistance Legislation Amendment (More Help for Families—Increased Payments) Act 2004. | 1 July 2004 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
A New Tax System (Family Assistance) Act 1999
1 Subclause 7(1) of Schedule 4 (formula)
Repeal the formula, substitute:
2 Subclause 7(3) of Schedule 4 (formula)
Repeal the formula, substitute:
3 Subclause 7(6) of Schedule 4
Repeal the subclause.
4 Application
The amendments made by this Schedule apply in relation to family tax benefit for the 2003‑2004 income year or a later income year.
[Minister’s second reading speech made in—
House of Representatives on 18 November 2004
Senate on 9 February 2005]
Overview
The Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005 was enacted by the Parliament of Australia on 22 February 2005. This legislation aimed to amend the A New Tax System (Family Assistance) Act 1999 by adjusting specific Family Tax Benefit (FTB) child rates. The adjustments were intended to address a gap in the existing legislation, ensuring that FTB rates more accurately reflected the cost of raising children in Australia. The policy objective was to provide enhanced financial assistance to families with children, thereby supporting them in meeting the costs associated with child-rearing.
The Act came into force in two stages. The general provisions, including the short title and commencement, took effect on the day the Act received Royal Assent, which was 22 February 2005. The amendments to the A New Tax System (Family Assistance) Act 1999, specified in Schedule 1, commenced immediately after the commencement of Schedule 1 to the Family Assistance Legislation Amendment (More Help for Families—Increased Payments) Act 2004, on 1 July 2004. The amendments apply to FTB for the 2003-2004 income year and subsequent years.
Scope and Application
The Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005 applies to the amendments of the A New Tax System (Family Assistance) Act 1999, specifically targeting the adjustment of certain Family Tax Benefit (FTB) child rates. The Act impacts individuals and families receiving FTB payments by modifying the formula used to calculate specific rates applicable to children within the scheme. The geographic reach of this legislation is national, as it pertains to Commonwealth-managed family assistance programs. The Act does not specify exclusions or exemptions, meaning that all eligible recipients of FTB will be subject to the amended rates once the changes are applied. The Act's application extends to FTB payments for the 2003-2004 income year and subsequent years, effectively ensuring that the adjustments are retrospectively and prospectively applied as per the schedule of amendments. The legislation is designed to enhance family assistance by fine-tuning the payment structure, thereby potentially providing more precise support to families based on their income and family composition.
Key Provisions
The Family Assistance Legislation Amendment (Adjustment of Certain FTB Child Rates) Act 2005 (sections 1 to 3 and Schedule 1) amends the A New Tax System (Family Assistance) Act 1999. Specifically, it modifies the family tax benefit (FTB) child rates for the 2003-2004 income year and subsequent years. Under the amendment, the formula for calculating FTB child rates is repealed and replaced with new formulas. Additionally, certain provisions related to these rates are removed entirely. These changes are set to take effect immediately after the commencement of Schedule 1 to the Family Assistance Legislation Amendment (More Help for Families—Increased Payments) Act 2004, which occurred on 1 July 2004.
The Act imposes certain obligations on the Department of Family and Community Services and other relevant entities. They must apply the new formulas for calculating FTB child rates as stipulated in the amended subclauses. These obligations are integral to ensuring that eligible families receive the correct amount of family tax benefits in accordance with the legislative changes. The Act also necessitates that these calculations be applied retrospectively to the 2003-2004 income year and any subsequent years, ensuring consistency and fairness in the application of the new rates.
Failure to comply with the provisions of this Act can result in legal consequences. While the Act does not explicitly detail offences or penalties, breaches of the amended provisions can potentially lead to civil or criminal liabilities under the broader framework of the A New Tax System (Family Assistance) Act 1999. This may include penalties for incorrect calculation or payment of family tax benefits, which could vary depending on the specific nature and severity of the breach. The maximum penalties for such breaches could include fines and other sanctions as prescribed under the relevant legislation.