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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family Assistance Legislation
Amendment (Extend Family Assistance
to ABSTUDY Secondary School
Boarding Students Aged 16 and Over)
Bill 2019
No. , 2019
(Social Services)
A Bill for an Act to amend the law relating to
family assistance, and for related purposes
No. , 2019
Family Assistance Legislation Amendment (Extend Family Assistance
to ABSTUDY Secondary School Boarding Students Aged 16 and Over)
Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
A New Tax System (Family Assistance) Act 1999
3
A New Tax System (Family Assistance) (Administration) Act 1999
4
No. , 2019
Family Assistance Legislation Amendment (Extend Family Assistance
to ABSTUDY Secondary School Boarding Students Aged 16 and Over)
Bill 2019
1
A Bill for an Act to amend the law relating to
1
family assistance, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Family Assistance Legislation Amendment (Extend
5
Family Assistance to ABSTUDY Secondary School Boarding
6
Students Aged 16 and Over) Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
2
Family Assistance Legislation Amendment (Extend Family Assistance
to ABSTUDY Secondary School Boarding Students Aged 16 and Over)
Bill 2019
No. , 2019
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
As follows:
(a) if this Act receives the Royal Assent
before 1 January 2020--1 January 2020;
(b) if this Act receives the Royal Assent on
or after 1 January 2020--the first
1 January, 1 April, 1 July or 1 October to
occur after the day this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
No. , 2019
Family Assistance Legislation Amendment (Extend Family Assistance
to ABSTUDY Secondary School Boarding Students Aged 16 and Over)
Bill 2019
3
Schedule 1--Amendments
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Section 22A
4
Before "Despite", insert "(1)".
5
2 Section 22A (at the end of paragraph (c) of the cell at table
6
item
2, column headed "then the individual cannot be
7
an FTB child of the adult if:")
8
Add ", unless subsection (2) applies to the individual".
9
3 At the end of section 22A
10
Add:
11
Interaction with ABSTUDY
12
(2) This subsection applies to an individual if:
13
(a) the individual, or someone on behalf of the individual, is, at
14
the particular time, receiving payments under the ABSTUDY
15
scheme; and
16
(b) the payments are being paid on the basis that the individual:
17
(i) is undertaking full-time study at a secondary school
18
(within the meaning of the Student Assistance Act
19
1973); and
20
(ii) is, in accordance with the ABSTUDY scheme, a student
21
approved to live away from home; and
22
(iii) is boarding away from home for the purposes of
23
attending the school.
24
Note:
For undertaking full-time study, see subsection 3(1).
25
4 Subsection 35(1) (at the end of the cell at table item 2,
26
column headed "then the approved care organisation is
27
not eligible for family tax benefit in respect of the
28
individual if:")
29
Add ", unless subsection (1A) applies to the individual".
30
Schedule 1 Amendments
4
Family Assistance Legislation Amendment (Extend Family Assistance
to ABSTUDY Secondary School Boarding Students Aged 16 and Over)
Bill 2019
No. , 2019
5 After subsection 35(1)
1
Insert:
2
(1A) This subsection applies to an individual if:
3
(a) the individual, or someone on behalf of the individual, is, at
4
the particular time, receiving payments under the ABSTUDY
5
scheme; and
6
(b) the payments are being paid on the basis that the individual:
7
(i) is undertaking full-time study at a secondary school
8
(within the meaning of the Student Assistance Act
9
1973); and
10
(ii) is, in accordance with the ABSTUDY scheme, a student
11
approved to live away from home; and
12
(iii) is boarding away from home for the purposes of
13
attending the school.
14
Note:
For undertaking full-time study, see subsection 3(1).
15
A New Tax System (Family Assistance) (Administration) Act
16
1999
17
6 At the end of subparagraph 28B(1)(c)(iv)
18
Add ", unless subsection (1A) applies to the individual".
19
7 After subsection 28B(1)
20
Insert:
21
(1A) This subsection applies to an individual if:
22
(a) the claim is for payments under the ABSTUDY scheme; and
23
(b) the individual is seeking the payments to be paid on the basis
24
of the individual:
25
(i) undertaking full-time study at a secondary school
26
(within the meaning of the Student Assistance Act
27
1973); and
28
(ii) being, in accordance with the ABSTUDY scheme, a
29
student approved to live away from home; and
30
(iii) boarding away from home for the purposes of attending
31
the school.
32
Amendments Schedule 1
No. , 2019
Family Assistance Legislation Amendment (Extend Family Assistance
to ABSTUDY Secondary School Boarding Students Aged 16 and Over)
Bill 2019
5
Note:
For undertaking full-time study, see subsection 3(1) of the Family
1
Assistance Act.
2
8 Application provisions
3
(1)
The amendments of the A New Tax System (Family Assistance) Act
4
1999 made by this Schedule apply in relation to working out eligibility
5
for family tax benefit for days on or after the commencement of this
6
item.
7
(2)
The amendments of the A New Tax System (Family Assistance)
8
(Administration) Act 1999 made by this Schedule apply in relation to a
9
claim referred to in paragraph 28B(1)(c) of that Act that is made on or
10
after the commencement of this item.
11