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This is a Bill, not an Act. For current law, see the Acts databases.


FAMILY ASSISTANCE AND OTHER LEGISLATION AMENDMENT (2008 BUDGET AND OTHER MEASURES) BILL 2009

2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family Assistance and Other Legislation
Amendment (2008 Budget and Other
Measures) Bill 2009
No. , 2009
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the law relating to
family assistance and social security, and for
related purposes
i Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures)
Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Streamlining payme nt of family tax benefit
3
A New Tax System (Family Assistance) Act 1999
3
A New Tax System (Family Assistance) (Administration) Act 1999
3
Schedule 2--Review of income management regime decisions
6
Social Security (Administration) Act 1999
6
Schedule 3--Community Development Employme nt Projects
Scheme
7
Social Security Act 1991
7
Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Bill
2009 No. , 2009 1
A Bill for an Act to amend the law relating to
1
family assistance and social security, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Family Assistance and Other
6
Legislation Amendment (2008 Budget and Other Measures) Act
7
2009.
8
2 Commence ment
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures)
Bill 2009 No. , 2009
1
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.
2. Schedule 1,
items 1 to 6
1 Ju ly 2009.
1 Ju ly 2009
3. Schedule 1,
item 7
The day on which this Act receives the
Royal Assent.
4. Schedule 1,
items 8 to 15
1 Ju ly 2009.
1 Ju ly 2009
5. Schedule 1,
item 16
The day on which this Act receives the
Royal Assent.
6. Schedule 2
The day on which this Act receives the
Royal Assent.
7. Schedule 3
1 Ju ly 2009.
1 Ju ly 2009
Note:
This table relates only to the provisions of this Act as originally
2
passed by both Houses of the Parliament and assented to. It will not be
3
expanded to deal with provisions inserted in this Act after assent.
4
(2) Column 3 of the table contains additional information that is not
5
part of this Act. Information in this column may be added to or
6
edited in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Streamlin ing payment of family tax benefit Schedule 1
Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Bill
2009 No. , 2009 3
1
Schedule 1
--
Streamlining payment of family
2
tax benefit
3
4
A New Tax System (Family Assistance) Act 1999
5
1 Subclause 20(3) of Schedule 1
6
Repeal the subclause.
7
A New Tax System (Family Assistance) (Administration) Act
8
1999
9
2 Subsection 3(1) (paragraph (c) of the definition of agency)
10
Repeal the paragraph.
11
3 Subsection 3(1) (paragraph (c) of the definition of head)
12
Repeal the paragraph.
13
4 Subsection 3(1) (paragraph (b) of the definition of protected
14
information)
15
Omit "the Australian Taxation Office or".
16
5 Subsection 10(5)
17
Repeal the subsection.
18
6 Section 14
19
Before "If,", insert "(1)".
20
7 Paragraph 14(b)
21
Omit "the income year (the past period income year)", substitute "an
22
income year (the past period income year) that is one of the 2 income
23
years".
24
8 Paragraphs 14(c) and (d)
25
Repeal the paragraphs, substitute:
26
(c) either or both of subsections (2) and (3) apply;
27
Schedule 1 Streamlining pay ment of family tax benefit
4 Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures)
Bill 2009 No. , 2009
9 Section 14
1
Omit "the assessment", substitute "each assessment concerned".
2
10 At the end of section 14
3
Add:
4
(2) This subsection applies if:
5
(a) the claimant is required to lodge an income tax return for the
6
past period income year; and
7
(b) at the time the claim is made, an assessment has not been
8
made under the Income Tax Assessment Act 1936 of the tax
9
payable on the claimant's taxable income for the past period
10
income year.
11
(3) This subsection applies if:
12
(a) at the time the claim is made, a person is the claimant's
13
partner and that person was the claimant's partner at any time
14
during the past period; and
15
(b) that person is required to lodge an income tax return for the
16
past period income year; and
17
(c) at the time the claim is made, an assessment has not been
18
made under the Income Tax Assessment Act 1936 of the tax
19
payable on that person's taxable income for the past period
20
income year.
21
11 Paragraph 118(1)(d)
22
Repeal the paragraph.
23
12 Saving
--
past period family tax benefit claims through the
24
Australian Taxation Office
25
The A New Tax System (Family Assistance) (Administration) Act 1999,
26
as in force immediately before the commencement of this item,
27
continues to apply on and after that commencement in relation to:
28
(a) claims made before that commencement:
29
(i) for payment of family tax benefit for a past period; and
30
(ii) in a form approved by an officer of the Australian
31
Taxation Office for the purposes of subsection 7(2) of
32
that Act, acting under a delegation from the Secretary
33
under section 221 of that Act; and
34
Streamlin ing payment of family tax benefit Schedule 1
Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Bill
2009 No. , 2009 5
(b) decisions made under that Act, in relation to such claims, by
1
officers of the Australian Taxation Office (whether those
2
decisions were made before, on or after that commencement).
3
13 Saving
--
effect of maintenance income on family tax
4
benefit rate
5
Despite the repeal of subclause 20(3) of Schedule 1 to the A New Tax
6
System (Family Assistance) Act 1999 made by this Schedule, that
7
subclause, as in force immediately before the commencement of this
8
item, continues to apply on and after that commencement in relation to
9
claims made before that commencement.
10
14 Saving
--
protected information
11
Despite the amendment made by item 4, paragraph (b) of the definition
12
of protected information in subsection 3(1) of the A New Tax System
13
(Family Assistance) (Administration) Act 1999, as in force immediately
14
before the commencement of that item, continues to apply on and after
15
that commencement in relation to information obtained (whether before,
16
on or after that commencement) that is or was held in the records of the
17
Australian Taxation Office.
18
15 Application
--
items 6, 8, 9 and 10
19
The amendments made by items 6, 8, 9 and 10 apply in relation to
20
claims for payment of family tax benefit for a past period falling in the
21
2009-10 income year or a later income year.
22
16 Application
--
item 7
23
The amendment made by item 7 applies in relation to claims made on or
24
after the commencement of that item.
25
26
Schedule 2 Review of inco me management regime decisions
6 Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures)
Bill 2009 No. , 2009
1
Schedule 2
--
Review of income management
2
regime decisions
3
4
Social Security (Administration) Act 1999
5
1 Paragraph 144(ka)
6
Repeal the paragraph.
7
2 Saving
8
Despite the repeal of paragraph 144(ka) of the Social Security
9
(Administration) Act 1999 made by this Schedule, that paragraph, as in
10
force immediately before the commencement of this item, continues to
11
apply on and after that commencement in relation to decisions made
12
before that commencement.
13
14
Co mmunity Develop ment Emp loy ment Pro jects Scheme Schedule 3
Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Bill
2009 No. , 2009 7
1
Schedule 3
--
Community Development
2
Employment Projects Scheme
3
4
Social Security Act 1991
5
1 Subsections 1188B(1) and (2)
6
Repeal the subsections, substitute:
7
(1) If immediately before 1 July 2009 a person was entitled to receive
8
a CDEP Scheme payment under an agreement of the kind referred
9
to in the definition of CDEP Scheme provider in subsection 23(1),
10
the person is a CDEP Scheme participant in respect of a day on or
11
after 1 July 2009 if the person is entitled, on that day, to receive
12
such a payment under such an agreement.
13
Note:
For CDEP Scheme payment see subsection 23(1).
14
2 Subsection 1188B(3)
15
Repeal the subsection.
16

 


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