Social Security (Means Test Treatment of Private Companies - Excluded Companies) Declaration 2001

Social Security (Means Test Treatment of Private Companies — Excluded Companies) Declaration 2001

as amended

made under subsection 1207N(5) of the

Social Security Act 1991

This compilation was prepared on 3 July 2013 taking into account amendments made by the Social Security (Means Test Treatment of Private Companies  – Excluded Companies) (DEEWR) Declaration 2008

Prepared by the Public Law Branch,

Department of Families, Housing, Community Services and Indigenous Affairs, Canberra

Part 1 Preliminary

1 Name of Declaration

  This Declaration is the Social Security (Means Test Treatment of Private Companies — Excluded Companies) Declaration 2001.

2 Commencement

  This Declaration commences on gazettal.

3 Purpose

  This Declaration specifies a class of companies that are excluded companies for section 1207N of the Act.

3A  Application

  This Determination does not apply to matters that are the responsibility of the Minister for Education and the Minister for Employment and Workplace Relations.

4 Definitions

  In this Declaration:

Act means the Social Security Act 1991.

community purpose means a purpose that is intended to benefit primarily the members of a particular community or group.

government body includes the following kinds of body:

 (a) a department or agency of the Commonwealth;

 (b) a department or agency of a State or Territory;

 (c) a municipal corporation or other local government body;

 (d) a body corporate in which the Commonwealth, a State or a Territory body holds a controlling interest.

income means income within the ordinary meaning of that expression.

indigenous-held land has the same meaning as in section 4B of the Aboriginal and Torres Strait Islander Commission Act 1989.

Part 2 Specified class of companies

5 Companies with community purpose are excluded companies

 (1) Each company that meets the requirements in subsection (2) is an excluded company for section 1207N of the Act.

 (2) The company must have the sole or dominant purpose of:

 (a) receiving, managing or distributing property transferred directly to it, or through an interposed entity, by a government body for a community purpose; or

 (b) holding, managing or disposing of indigenous-held land, for a community purpose; or

 (c) receiving, managing or distributing income that:

 (i) has been generated from indigenous-held land; and

 (ii) is applied for a community purpose.

Notes to the Social Security (Means Test Treatment of Private Companies – Excluded Companies) Declaration 2001

Note 1

The Social Security (Means Test Treatment of Private Companies – Excluded Companies) Declaration 2001 (in force under subsection 1207N(5) of the Social Security Act 1991) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Social Security (Means  7 May 2007   20 December 2001

Test Treatment of   (see F2007B00677) 

Private Companies –

Excluded Companies)

Declaration 2001

Social Security (Means 24 June 2008  25 June 2008  

Test Treatment of   (see F2008L02157)

Private Companies –

Excluded Companies

(DEEWR) Declaration

2008

Table of Amendments

Part 1