FINANCIAL FRAMEWORK LEGISLATION AMENDMENT BILL (NO. 2) 2012

i Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Amendments

Australian Animal Health Council (Live-stock Industries) Funding Act

1996

Australian Maritime Safety Authority Act 1990

Australian Meat and Live-stock Industry Act 1997

ComSuper Act 2011

Dairy Produce Act 1986

Defence Force Retirement and Death Benefits Act 1973

Egg Industry Service Provision Act 2002

Forestry Marketing and Research and Development Services Act 2007

Governor-General Act 1974

Horticulture Marketing and Research and Development Services Act

2000

Local Government (Financial Assistance) Act 1995

Military Superannuation and Benefits Act 1991

National Residue Survey Administration Act 1992

Parliamentary Contributory Superannuation Act 1948

Pig Industry Act 2001

Primary Industries and Energy Research and Development Act 1989

Same-Sex Relationships (Equal Treatment in Commonwealth Laws--

Superannuation) Act 2008

Superannuation Act 1976

Superannuation Act 1990

Taxation Administration Act 1953

Wool Services Privatisation Act 2000

Schedule 2--Validation of certain benefits under the Defence

Force Retirement and Death Benefits Act 1973

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 1

A Bill for an Act to amend the law relating to

finance, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Financial Framework Legislation

Amendment Act (No. 2) 2012.

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.

2 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

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 this Act receives the Royal Assent.

2. Schedule 1

The day after this Act receives the Royal

Assent.

3. Schedule 2

The day after this Act receives the Royal

Assent.

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.

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.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 3

Schedule 1--Amendments

Australian Animal Health Council (Live-stock Industries)

Funding Act 1996

1 Before subsection 4(1)

Insert:

Commonwealth payments to Australian Animal Health Council

2 Subsection 4(2)

Omit "less the Commonwealth's costs in collecting or recovering those

amounts and in administering this subsection".

3 After subsection 4(2)

Insert:

Conditions of Commonwealth payment

(2A) The payments made under subsection (2) are subject to the

condition that the Australian Animal Health Council will pay to the

Commonwealth an amount equal to the Commonwealth's costs in:

(a) collecting or recovering the amounts of levy, charge or

penalty to which the payments relate; and

(b) administering subsection (2) in relation to the making of the

payments.

4 Subsection 4(3)

Omit "subsections (4)", substitute "subsections (3A), (4)".

5 After subsection 4(3)

Insert:

(3A) The first priority is to apply the Commonwealth payment in

making a payment to the Commonwealth for the purpose of

discharging any liability of the Australian Animal Health Council

under subsection (2A).

6 Subsection 4(4)

Schedule 1 Amendments

4 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Omit "first priority", substitute "second priority".

7 Subsection 4(5)

Omit "second priority", substitute "third priority".

8 Subsections 4(6) and (7)

Omit "third priority", substitute "fourth priority".

9 At the end of section 4

Add:

Recovery of Commonwealth costs

(9) An amount payable by the Australian Animal Health Council

under subsection (2A):

(a) is a debt due to the Commonwealth; and

(b) may be recovered by the Minister, on behalf of the

Commonwealth, by action in a court of competent

jurisdiction.

Setting off Council payment to Commonwealth

(10) The Commonwealth may set off an amount payable to it under

subsection (2A) against a payment the Commonwealth must make

under subsection (2).

10 Subsection 4A(1)

Omit "less the Commonwealth's costs in collecting or recovering those

amounts and in administering this subsection".

11 After subsection 4A(1)

Insert:

Conditions of Commonwealth payment

(1A) The payments made under subsection (1) are subject to the

condition that the Australian Animal Health Council will pay to the

Commonwealth an amount equal to the Commonwealth's costs in:

(a) collecting or recovering the amounts of levy or penalty to

which the payments relate; and

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 5

(b) administering subsection (1) in relation to the making of the

payments.

12 Subsection 4A(2) (heading)

Repeal the heading.

13 After subsection 4A(2)

Insert:

First priority for applying Commonwealth payment

(2A) As first priority, the Australian Animal Health Council is to apply

the Commonwealth payment in making a payment to the

Commonwealth for the purpose of discharging any liability of the

Australian Animal Health Council under subsection (1A).

14 Subsection 4A(3) (heading)

Repeal the heading, substitute:

Second priority for applying Commonwealth payment

15 Subsection 4A(3)

Omit "first priority", substitute "second priority".

16 Subsection 4A(4) (heading)

Repeal the heading, substitute:

Third priority for applying Commonwealth payment

17 Subsection 4A(4)

Omit "second priority", substitute "third priority".

18 Subsection 4A(5) (heading)

Repeal the heading, substitute:

Fourth priority for applying Commonwealth payment

19 Subsection 4A(5)

Omit "third priority", substitute "fourth priority".

Schedule 1 Amendments

6 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

20 After subsection 4A(7)

Insert:

Recovery of Commonwealth costs

(7A) An amount payable by the Australian Animal Health Council

under subsection (1A):

(a) is a debt due to the Commonwealth; and

(b) may be recovered by the Minister, on behalf of the

Commonwealth, by action in a court of competent

jurisdiction.

Setting off Council payment to Commonwealth

(7B) The Commonwealth may set off an amount payable to it under

subsection (1A) against a payment the Commonwealth must make

under subsection (1).

21 Subsection 4A(8) (heading)

Repeal the heading.

22 Subsections 6(5) and 7(5)

Omit "third priority", substitute "fourth priority".

23 Application--sections 4 and 4A of the Australian Animal

Health Council (Live-stock Industries) Funding Act 1996

(1)

The amendments of subsections 4(2) and 4A(1) of the Australian

Animal Health Council (Live-stock Industries) Funding Act 1996 made

by this Schedule apply in relation to payments made to the Australian

Animal Health Council during:

(a) the month next following the month in which this item

commences; or

(b) a later month.

(2)

Subsections 4(2A) and 4A(1A) of the Australian Animal Health

Council (Live-stock Industries) Funding Act 1996 as amended by this

Schedule apply in relation to payments made to the Australian Animal

Health Council during:

(a) the month next following the month in which this item

commences; or

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 7

(b) a later month.

Australian Maritime Safety Authority Act 1990

24 Subsection 48(1)

Repeal the subsection, substitute:

(1) There are to be paid to the Authority amounts equal to:

(a) amounts of levy received, or purportedly received, by the

Commonwealth under:

(i)

the

Marine Navigation Levy Act 1989; and

(ii)

the

Marine Navigation (Regulatory Functions) Levy Act

1991; and

(iii)

the

Protection of the Sea (Shipping Levy) Act 1981; and

(b) amounts received, or purportedly received, by the

Commonwealth, under section 8 of the Protection of the Sea

(Shipping Levy Collection) Act 1981, as amounts on account

of levy; and

Commonwealth under:

(i)

the

Marine Navigation Levy Collection Act 1989; and

(ii)

the

Marine Navigation (Regulatory Functions) Levy

Collection Act 1991; and

(iii)

the

Protection of the Sea (Shipping Levy Collection) Act

1981.

(1A) If an amount referred to in paragraph (1)(a), (b) or (c) is refunded,

the Authority must pay to the Commonwealth an amount equal to

the refund.

(1B) The Minister may, on behalf of the Commonwealth, set off an

amount payable by the Authority under subsection (1A) against an

amount that is payable to the Authority under subsection (1).

25 Section 57

After "34", insert ", 48".

26 Application--section 48 of the Australian Maritime Safety

Authority Act 1990

Schedule 1 Amendments

8 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(1)

Despite the repeal of subsection 48(1) of the Australian Maritime Safety

Authority Act 1990 by this Schedule, that subsection continues to apply,

after the commencement of this item, in relation to amounts received by

the Commonwealth before the commencement of this item, as if that

repeal had not happened.

(2)

Subsection 48(1) of the Australian Maritime Safety Authority Act 1990

as amended by this Schedule applies in relation to amounts received by

the Commonwealth after the commencement of this item.

Australian Meat and Live-stock Industry Act 1997

27 Subsection 66(3)

Repeal the subsection, substitute:

(3) The payments made under subsection (1) to the industry research

body during a particular financial year are subject to the condition

that, if:

(a) before the end of 31 October next following the financial

year, the Secretary determines the amount of the gross value

of production of the industry for the financial year; and

(b) as at the end of 31 October next following the financial year,

the sum of the amounts that were paid to the industry

research body under subsection (1) during the financial year

exceeds 0.5% of the amount of the gross value of production

of the industry for the financial year as determined by the

Secretary;

the industry research body will pay to the Commonwealth an

amount equal to the excess.

Note:

This ensures that the sum of the amounts that are retained by the

industry research body in relation to the financial year does not exceed

0.5% of the amount of the gross value of production of the industry

for the financial year as determined by the Secretary.

(3A)

If:

(a) before the end of 31 October next following a financial year,

the Secretary has not determined under subsection (3) the

amount of the gross value of production of the industry for

the financial year; and

(b) the Secretary has determined under subsection (3) the amount

of the gross value of production of the industry for the

previous financial year;

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 9

the Secretary is taken to have made, immediately before the end of

that 31 October, a determination under subsection (3) that the

amount of the gross value of production of the industry for the

financial year is equal to the amount of the gross value of

production of the industry determined under subsection (3) for the

previous financial year.

(3B) An amount payable under subsection (3) by the industry research

body:

(a) is a debt due to the Commonwealth; and

(b) may be recovered by the Minister, on behalf of the

Commonwealth, by action in a court of competent

jurisdiction.

(3C) A determination made under subsection (3) is not a legislative

instrument.

28 At the end of section 66

Add:

(5)

If:

(a) an amount (the first amount) is payable by the industry

research body under subsection (3); and

(b) another amount (the second amount) is payable by the

Commonwealth to the industry research body under

subsection (1);

the Minister may, on behalf of the Commonwealth, set off the

whole or a part of the first amount against the whole or a part of

the second amount.

29 Before paragraph 67(3)(a)

Insert:

(aa) in making payments to the Commonwealth under subsection

66(3); and

30 Application--section 66 of the Australian Meat and

Live-stock Industry Act 1997

(1)

Despite the amendments of the Australian Meat and Live-stock Industry

Act 1997 by this Schedule, section 66 of that Act continues to apply,

Schedule 1 Amendments

10 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

after the commencement of this item, in relation to amounts paid to the

industry research body during:

(a) the financial year in which this item commences; or

(b) an earlier financial year;

as if those amendments had not been made.

(2)

Subsection 66(3) of the Australian Meat and Live-stock Industry Act

1997 as amended by this Schedule applies in relation to amounts paid to

the industry research body during:

(a) the financial year next following the financial year in which

this item commences; or

(b) a later financial year.

31 Transitional--determinations made under section 66 of

the Australian Meat and Live-stock Industry Act 1997

Subsection 66(3A) of the Australian Meat and Live-stock Industry Act

1997 as amended by this Schedule has effect as if a determination under

repealed subsection 66(3) of the Australian Meat and Live-stock

Industry Act 1997 had been made under subsection 66(3) of that Act as

amended by this Schedule.

ComSuper Act 2011

32 Subsection 25(1)

After "this Act", insert "or any other law of the Commonwealth".

Dairy Produce Act 1986

33 Paragraph 5(2)(b)

Repeal the paragraph, substitute:

(b) matching payments are spent by the body on:

(i) research and development activities for the benefit of

the Australian dairy industry and the Australian

community generally; and

(ii) making payments to the Commonwealth under

subsection 6(4).

34 Section 6 (heading)

Repeal the heading, substitute:

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 11

6 Appropriation for payments under funding contract etc.

35 Subsection 6(4)

Repeal the subsection, substitute:

Matching payments--retention limit

(4) The matching payments made to the eligible body during a

particular financial year are subject to the condition that, if:

(a) before the end of 31 October next following the financial

year, the Minister determines the amount of the gross value

of whole milk produced in Australia in the financial year; and

(b) as at the end of 31 October next following the financial year,

the sum of the matching payments that were paid to the

eligible body during the financial year exceeds the lesser of:

(i) 0.5% of the amount of the gross value of whole milk

produced in Australia in the financial year as

determined by the Minister; and

(ii) 50% of the amount spent by the eligible body in the

financial year on activities that qualify, under the

funding contract, as research and development

activities;

the eligible body will pay to the Commonwealth an amount equal

to the excess.

Note:

This ensures that the sum of the matching payments that are retained

by the eligible body in relation to the financial year does not exceed

the lesser of the amounts calculated under subparagraphs (b)(i) and

(b)(ii).

(4A)

If:

(a) before the end of 31 October next following a financial year,

the Minister has not determined under subsection (4) the

amount of the gross value of whole milk produced in

Australia in the financial year; and

(b) the Minister has determined under subsection (4) the amount

of the gross value of whole milk produced in Australia in the

previous financial year;

the Minister is taken to have made, immediately before the end of

that 31 October, a determination under subsection (4) that the

amount of the gross value of whole milk produced in Australia in

the financial year is equal to the amount of the gross value of

Schedule 1 Amendments

12 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

whole milk produced in Australia determined under subsection (4)

for the previous financial year.

(4B) An amount payable under subsection (4) by the eligible body:

(a) is a debt due to the Commonwealth; and

(b) may be recovered by the Minister, on behalf of the

Commonwealth, by action in a court of competent

jurisdiction.

(4C) A determination made under subsection (4) is not a legislative

instrument.

36 Subsection 6(6) (note)

Omit "cap in paragraph (4)(a)", substitute "condition in

subparagraph (4)(b)(i)".

37 Paragraph 6(7)(b)

Omit "paragraph (4)(a)", substitute "subparagraph (4)(b)(i)".

38 Paragraph 6(7)(b)

Omit "matching payments", substitute "net matching payments".

39 Subsection 6(7) (formula)

Repeal the formula, substitute:

The amount of the

R&D spend amount

net matching payments

in the financial year

for the financial year

�

40 At the end of section 6

Add:

Set off

(8)

If:

(a) an amount (the first amount) is payable by the eligible body

under subsection (4); and

(b) another amount (the second amount) is payable by the

Commonwealth to the eligible body under the funding

contract;

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 13

the Minister may, on behalf of the Commonwealth, set off the

whole or a part of the first amount against the whole or a part of

the second amount.

Net matching payments

(9) For the purposes of this section, net matching payments for a

financial year means the total of the matching payments made to

the eligible body during the financial year, less the amount payable

by the eligible body under subsection (4) as a condition of those

matching payments.

41 Application--section 6 of the Dairy Produce Act 1986

(1)

Despite the amendments of the Dairy Produce Act 1986 by this

Schedule, section 6 of that Act continues to apply, after the

commencement of this item, in relation to matching payments made to

the eligible body during:

(a) the financial year in which this item commences; or

(b) an earlier financial year;

as if those amendments had not been made.

(2)

Subsection 6(4) of the Dairy Produce Act 1986 as amended by this

Schedule applies in relation to matching payments made to the eligible

body during:

(a) the financial year next following the financial year in which

this item commences; or

(b) a later financial year.

42 Transitional--determinations made under section 6 of the

Dairy Produce Act 1986

Subsection 6(4A) of the Dairy Produce Act 1986 as amended by this

Schedule has effect as if a determination under repealed subsection 6(4)

of the Dairy Produce Act 1986 had been made under subsection 6(4) of

that Act as amended by this Schedule.

Defence Force Retirement and Death Benefits Act 1973

43 After section 124A

Insert:

Schedule 1 Amendments

14 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

124B Recoverable payments

(1) If, apart from this subsection, the Commonwealth does not have

power, under this Act or the previous legislation, to pay an amount

(the relevant amount) to a person (the recipient) purportedly as a

benefit, then the Commonwealth may pay the relevant amount to

the recipient.

Recovery

(2) If a payment is made under subsection (1) to the recipient, the

relevant amount:

(a) is a debt due to the Commonwealth by the recipient; and

(b) may be recovered by the Chief Executive Officer of

ComSuper, on behalf of the Commonwealth, in a court of

competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

(3)

If:

(a) a payment is made under subsection (1) to the recipient; and

(b) the recipient is receiving, or is entitled to receive, a benefit;

then:

(d) such part of the relevant amount as the Chief Executive

Officer of ComSuper determines;

may, if the Chief Executive Officer of ComSuper so directs, be

recovered by deduction from that benefit.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

(4) For the purposes of subsections 126(4) and (5), in determining

whether an amount is payable, disregard subsection (1) of this

section.

(5) If the relevant amount is recovered under subsection 126(4) or (5),

the relevant amount cannot be recovered under subsection (2) or

(3) of this section.

(6) If the relevant amount is recovered under subsection (2) or (3) of

this section, the relevant amount cannot be recovered under

subsection 126(4) or (5).

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 15

Benefit

(7) For the purposes of this section, benefit includes pension or other

money payable under the previous legislation.

124C Recoverable death payments

(1) If, apart from this subsection, the Commonwealth does not have

power, under this Act or the previous legislation, to pay an amount

(the relevant amount) in any of the following circumstances:

(a) the relevant amount is deposited to an account kept in the

name of a deceased person;

(b) the relevant amount is deposited to an account kept in the

names of a deceased person and another person;

deceased person;

the Commonwealth may pay the relevant amount in the

circumstances mentioned in paragraph (a), (b) or (c), so long as:

(d) on the last day on which changes could reasonably be made

to the payment of the relevant amount, the Chief Executive

Officer of ComSuper did not know that the deceased person

had died; and

(e) apart from this subsection, the relevant amount would have

been payable as a benefit to the deceased person if the

deceased person had not died.

(2) If a payment is made under subsection (1), the relevant amount is

taken to have been paid to the deceased person's estate.

Recovery

(3) If a payment is made under subsection (1), the relevant amount:

(a) is a debt due to the Commonwealth by the legal personal

representative of the deceased person; and

(b) may be recovered by the Chief Executive Officer of

ComSuper, on behalf of the Commonwealth, in a court of

competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Schedule 1 Amendments

16 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(4) For the purposes of subsections 126(4) and (5), in determining

whether an amount is payable, disregard subsection (1) of this

section.

(5) If the relevant amount is recovered under subsection 126(4) or (5),

the relevant amount cannot be recovered under subsection (3) of

this section.

(6) If the relevant amount is recovered under subsection (3) of this

section, the relevant amount cannot be recovered under subsection

126(4) or (5).

Benefit

(7) For the purposes of this section, benefit includes pension or other

money payable under the previous legislation.

124D Reports about recoverable payments and recoverable death

payments

(1) During the applicable publication period for a reporting period, the

Secretary of the Department must cause to be published, in such

manner as the Secretary thinks fit, a report that sets out:

(a)

both:

(i) the number of payments made under subsection

124B(1) during the reporting period; and

(ii) the total amount of those payments; and

(b)

both:

(i) the number of payments made under subsection

124C(1) during the reporting period; and

(ii) the total amount of those payments.

(2) However, a report is not required if:

(a) the number mentioned in subparagraph (1)(a)(i) is zero; and

(b) the number mentioned in subparagraph (1)(b)(i) is zero.

Deferred reporting

(3) Paragraph (1)(a) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

Departmental official was aware the payment was made under

subsection 124B(1).

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 17

(4) Paragraph (1)(b) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

Departmental official was aware the payment was made under

subsection 124C(1).

(5) For the purposes of this section, if:

(a) a payment was made under subsection 124B(1) or 124C(1) in

a reporting period; and

(b)

either:

(i) because of subsection (3) of this section,

paragraph (1)(a) of this section did not require a report

to deal with the payment; or

(ii) because of subsection (4) of this section,

paragraph (1)(b) of this section did not require a report

to deal with the payment; and

becomes aware that the payment was made under subsection

124B(1) or 124C(1), as the case may be;

the payment is subject to a deferred reporting obligation in

relation to the later reporting period.

(6) If one or more payments made under subsection 124B(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Secretary of the Department

must, during the applicable publication period for the later

reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Secretary thinks fit, the paragraph (a) report.

(7) If one or more payments made under subsection 124C(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Secretary of the Department

Schedule 1 Amendments

18 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

must, during the applicable publication period for the later

reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Secretary thinks fit, the paragraph (a) report.

Reporting period

(8) For the purposes of this section, a reporting period is:

(a) a financial year; or

(b) if a shorter recurring period is specified in a legislative

instrument made by the Minister--that period.

Applicable publication period

(9) For the purposes of this section, the applicable publication period

for a reporting period is the period of:

(a) 4 months; or

(b) if a lesser number of months is specified, in relation to the

reporting period, in a legislative instrument made by the

Minister--that number of months;

beginning immediately after the end of the reporting period.

Departmental official

(10) For the purposes of this section, Departmental official means an

official (within the meaning of the Financial Management and

Accountability Act 1997) who is in the Department or is part of the

Department.

Egg Industry Service Provision Act 2002

44 Paragraph 7(2)(c)

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 19

Repeal the paragraph, substitute:

(i) research and development activities for the benefit of

the Australian egg industry and the Australian

community generally; and

(ii) making payments to the Commonwealth under

subsection 8(3).

45 Section 8 (heading)

Repeal the heading, substitute:

8 Appropriation for payments under funding contract etc.

46 Subsection 8(3)

Repeal the subsection, substitute:

Matching payments--retention limit

(3) The matching payments made to the industry services body during

a particular financial year are subject to the condition that, if:

(a) before the end of 31 October next following the financial

year, the Minister determines the amount of the gross value

of egg production in Australia in the financial year; and

(b) as at the end of 31 October next following the financial year,

the sum of the matching payments that were paid to the

industry services body during the financial year exceeds the

lesser of:

(i) 0.5% of the amount of the gross value of egg production

in Australia in the financial year as determined by the

Minister; and

(ii) 50% of the amount spent by the industry services body

in the financial year on activities that qualify, under the

funding contract, as research and development

activities;

the industry services body will pay to the Commonwealth an

amount equal to the excess.

Note:

This ensures that the sum of the matching payments that are retained

by the industry services body in relation to the financial year does not

exceed the lesser of the amounts calculated under subparagraphs (b)(i)

and (b)(ii).

Schedule 1 Amendments

20 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(3A)

If:

(a) before the end of 31 October next following a financial year,

the Minister has not determined under subsection (3) the

amount of the gross value of egg production in Australia in

the financial year; and

(b) the Minister has determined under subsection (3) the amount

of the gross value of egg production in Australia in the

previous financial year;

the Minister is taken to have made, immediately before the end of

that 31 October, a determination under subsection (3) that the

amount of the gross value of egg production in Australia in the

financial year is equal to the amount of the gross value of egg

production in Australia determined under subsection (3) for the

previous financial year.

(3B) An amount payable under subsection (3) by the industry services

body:

(a) is a debt due to the Commonwealth; and

(b) may be recovered by the Minister, on behalf of the

Commonwealth, by action in a court of competent

jurisdiction.

(3C) A determination made under subsection (3) is not a legislative

instrument.

47 Subsection 8(5) (note)

Omit "or (3)(a)", substitute "or the condition in subparagraph (3)(b)(i)".

48 Paragraph 8(6)(b)

Omit "or paragraph (3)(a)", substitute "or subparagraph (3)(b)(i)".

49 Paragraph 8(6)(b)

Omit "matching payments", substitute "net matching payments".

50 Subsection 8(6) (formula)

Repeal the formula, substitute:

The amount of the

R&D spend amount

net matching payments

in the financial year

for the financial year

�

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 21

51 At the end of section 8

Add:

Set off

(7)

If:

(a) an amount (the first amount) is payable by the industry

services body under subsection (3); and

(b) another amount (the second amount) is payable by the

Commonwealth to the industry services body under the

funding contract;

the Minister may, on behalf of the Commonwealth, set off the

whole or a part of the first amount against the whole or a part of

the second amount.

Net matching payments

(8) For the purposes of this section, net matching payments for a

financial year means the total of the matching payments made to

the industry services body during the financial year, less the

amount payable by the industry services body under subsection (3)

as a condition of those matching payments.

52 Application--section 8 of the Egg Industry Service

Provision Act 2002

(1)

Despite the amendments of the Egg Industry Service Provision Act 2002

by this Schedule, section 8 of that Act continues to apply, after the

commencement of this item, in relation to matching payments made to

the industry services body during:

(a) the financial year in which this item commences; or

(b) an earlier financial year;

as if those amendments had not been made.

(2)

Subsection 8(3) of the Egg Industry Service Provision Act 2002 as

amended by this Schedule applies in relation to matching payments

made to the industry services body during:

(a) the financial year next following the financial year in which

this item commences; or

(b) a later financial year.

Schedule 1 Amendments

22 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

53 Transitional--determinations made under section 8 of the

Egg Industry Service Provision Act 2002

Subsection 8(3A) of the Egg Industry Service Provision Act 2002 as

amended by this Schedule has effect as if a determination under

repealed subsection 8(3) of the Egg Industry Service Provision Act 2002

had been made under subsection 8(3) of that Act as amended by this

Schedule.

Forestry Marketing and Research and Development Services

Act 2007

54 Section 7

Omit "cannot exceed limits", substitute "are subject to limits".

55 Paragraph 8(2)(b)

Omit "or both", substitute "or more".

56 After subparagraph 8(2)(b)(i)

Insert:

(ia) payments by the company to the Commonwealth under

subsection 9(4);

57 Section 9 (heading)

Repeal the heading, substitute:

9 Appropriation for payments under funding contract etc.

58 Subsection 9(4)

Repeal the subsection, substitute:

Matching payments--retention limit

(4) The matching payments made to the company during a particular

financial year are subject to the condition that, if:

(a) before the end of 31 October next following the financial

year, the Minister determines the amount of the gross value

of production of the Australian forestry industry in the

financial year; and

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 23

(b) as at the end of 31 October next following the financial year,

the sum of the matching payments that were paid to the

company during the financial year exceeds the lesser of:

(i) 0.5% of the amount of the gross value of production of

the Australian forestry industry in the financial year as

determined by the Minister; and

(ii) 50% of the amount spent by the company in the

financial year on activities that qualify, under the

funding contract, as research and development

activities;

the company will pay to the Commonwealth an amount equal to

the excess.

Note:

This ensures that the sum of the matching payments that are retained

by the company in relation to the financial year does not exceed the

lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).

(4A)

If:

(a) before the end of 31 October next following a financial year,

the Minister has not determined under subsection (4) the

amount of the gross value of production of the Australian

forestry industry in the financial year; and

(b) the Minister has determined under subsection (4) the amount

of the gross value of production of the Australian forestry

industry in the previous financial year;

the Minister is taken to have made, immediately before the end of

that 31 October, a determination under subsection (4) that the

amount of the gross value of production of the Australian forestry

industry in the financial year is equal to the amount of the gross

value of production of the Australian forestry industry determined

under subsection (3) for the previous financial year.

(4B) An amount payable under subsection (4) by a company:

(a) is a debt due to the Commonwealth; and

(b) may be recovered by the Minister, on behalf of the

Commonwealth, by action in a court of competent

jurisdiction.

(4C) A determination made under subsection (4) is not a legislative

instrument.

59 Subsection 9(6) (note)

Schedule 1 Amendments

24 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Omit "cap in paragraph (4)(a)", substitute "condition in

subparagraph (4)(b)(i)".

60 Paragraph 9(7)(b)

Omit "paragraph (4)(a)", substitute "subparagraph (4)(b)(i)".

61 Paragraph 9(7)(b)

Omit "matching payments", substitute "net matching payments".

62 Subsection 9(7) (formula)

Repeal the formula, substitute:

The amount of the

R and D spend amount

net matching payments

in the financial year

for the financial year

�

63 At the end of section 9

Add:

Set off

(8)

If:

(a) an amount (the first amount) is payable by the company

under subsection (4); and

(b) another amount (the second amount) is payable by the

Commonwealth to the company under the funding contract;

the Minister may, on behalf of the Commonwealth, set off the

whole or a part of the first amount against the whole or a part of

the second amount.

Net matching payments

(9) For the purposes of this section, net matching payments for a

financial year means the total of the matching payments made to

the company during the financial year, less the amount payable by

the company under subsection (4) as a condition of those matching

payments.

64 Application--section 9 of the Forestry Marketing and

Research and Development Services Act 2007

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 25

(1)

Despite the amendments of the Forestry Marketing and Research and

Development Services Act 2007 by this Schedule, section 9 of that Act

continues to apply, after the commencement of this item, in relation to

matching payments made to the company during:

(a) the financial year in which this item commences; or

(b) an earlier financial year;

as if those amendments had not been made.

(2)

Subsection 9(4) of the Forestry Marketing and Research and

Development Services Act 2007 as amended by this Schedule applies in

relation to matching payments made to the company during:

(a) the financial year next following the financial year in which

this item commences; or

(b) a later financial year.

65 Transitional--determinations made under section 9 of the

Forestry Marketing and Research and Development

Services Act 2007

Subsection 9(4A) of the Forestry Marketing and Research and

Development Services Act 2007 as amended by this Schedule has effect

as if a determination under repealed subsection 9(4) of the Forestry

Marketing and Research and Development Services Act 2007 had been

made under subsection 9(4) of that Act as amended by this Schedule.

Governor-General Act 1974

66 After section 4B

Insert:

4C Recoverable payments

(1) If, apart from this subsection, the Commonwealth does not have

power under this Act to pay an amount (the relevant amount) to a

person (the recipient) purportedly as a benefit, then the

Commonwealth may pay the relevant amount to the recipient.

Recovery

(2) If a payment is made under subsection (1) to the recipient, the

relevant amount:

Schedule 1 Amendments

26 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(a) is a debt due to the Commonwealth by the recipient; and

(b) may be recovered by the designated Secretary, on behalf of

the Commonwealth, in a court of competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

(3)

If:

(a) a payment is made under subsection (1) to the recipient; and

(b) the recipient is receiving, or is entitled to receive, a benefit;

then:

(d) such part of the relevant amount as the designated Secretary

determines;

may, if the designated Secretary so directs, be recovered by

deduction from that benefit.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Appropriation

(4) For the purposes of subsection 4AA(5), if a payment under

subsection (1) of this section relates to a benefit under subsection

4AA(2), the payment is taken to be a benefit under subsection

4AA(2).

(5) For the purposes of section 5, if a payment under subsection (1) of

this section relates to an allowance under section 4, the payment is

taken to be an allowance under section 4.

Benefit

(6) For the purposes of this section, benefit means:

(a) an allowance under section 4; or

(b) a benefit under subsection 4AA(2).

Designated Secretary

(7) For the purposes of this section, designated Secretary means the

Secretary of the Department administered by the Minister who

administers sections 4 and 4AA.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 27

4D Recoverable death payments

(1) If, apart from this subsection, the Commonwealth does not have

power under this Act to pay an amount (the relevant amount) in

any of the following circumstances:

(a) the relevant amount is deposited to an account kept in the

name of a deceased person;

(b) the relevant amount is deposited to an account kept in the

names of a deceased person and another person;

deceased person;

the Commonwealth may pay the relevant amount in the

circumstances mentioned in paragraph (a), (b) or (c), so long as:

(d) on the last day on which changes could reasonably be made

to the payment of the relevant amount, the designated

Secretary did not know that the deceased person had died;

and

(e) apart from this subsection, the relevant amount would have

been payable as a benefit to the deceased person if the

deceased person had not died.

(2) If a payment is made under subsection (1), the relevant amount is

taken to have been paid to the deceased person's estate.

Recovery

(3) If a payment is made under subsection (1), the relevant amount:

(a) is a debt due to the Commonwealth by the legal personal

representative of the deceased person; and

(b) may be recovered by the designated Secretary, on behalf of

the Commonwealth, in a court of competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Appropriation

(4) For the purposes of subsection 4AA(5), if a payment under

subsection (1) of this section relates to a benefit under subsection

4AA(2), the payment under subsection (1) of this section is taken

to be a benefit under subsection 4AA(2).

Schedule 1 Amendments

28 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(5) For the purposes of section 5, if a payment under subsection (1) of

this section relates to an allowance under section 4, the payment is

taken to be an allowance under section 4.

Benefit

(6) For the purposes of this section, benefit means:

(a) an allowance under section 4; or

(b) a benefit under subsection 4AA(2).

Designated Secretary

(7) For the purposes of this section, designated Secretary means the

Secretary of the Department administered by the Minister who

administers sections 4 and 4AA.

4E Reports about recoverable payments and recoverable death

payments

(1) During the applicable publication period for a reporting period, the

designated Secretary must cause to be published, in such manner as

the designated Secretary thinks fit, a report that sets out:

(a)

both:

(i) the number of payments made under subsection 4C(1)

during the reporting period; and

(ii) the total amount of those payments; and

(b)

both:

(i) the number of payments made under subsection 4D(1)

during the reporting period; and

(ii) the total amount of those payments.

(2) However, a report is not required if:

(a) the number mentioned in subparagraph (1)(a)(i) is zero; and

(b) the number mentioned in subparagraph (1)(b)(i) is zero.

Deferred reporting

(3) Paragraph (1)(a) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

designated Department official was aware the payment was made

under subsection 4C(1).

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 29

(4) Paragraph (1)(b) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

designated Department official was aware the payment was made

under subsection 4D(1).

(5) For the purposes of this section, if:

(a) a payment was made under subsection 4C(1) or 4D(1) in a

reporting period; and

(b)

either:

(i) because of subsection (3) of this section,

paragraph (1)(a) of this section did not require a report

to deal with the payment; or

(ii) because of subsection (4) of this section,

paragraph (1)(b) of this section did not require a report

to deal with the payment; and

official becomes aware that the payment was made under

subsection 4C(1) or 4D(1), as the case may be;

the payment is subject to a deferred reporting obligation in

relation to the later reporting period.

(6) If one or more payments made under subsection 4C(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the designated Secretary must,

during the applicable publication period for the later reporting

period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the designated Secretary thinks fit, the paragraph (a) report.

(7) If one or more payments made under subsection 4D(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the designated Secretary must,

Schedule 1 Amendments

30 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

during the applicable publication period for the later reporting

period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the designated Secretary thinks fit, the paragraph (a) report.

Reporting period

(8) For the purposes of this section, a reporting period is:

(a) a financial year; or

(b) if a shorter recurring period is specified in a legislative

instrument made by the designated Minister--that period.

Applicable publication period

(9) For the purposes of this section, the applicable publication period

for a reporting period is the period of:

(a) 4 months; or

(b) if a lesser number of months is specified, in relation to the

reporting period, in a legislative instrument made by the

designated Minister--that number of months;

beginning immediately after the end of the reporting period.

Designated Department

(10) For the purposes of this section, designated Department means the

Department administered by the designated Minister.

Designated Department official

(11) For the purposes of this section, designated Department official

means an official (within the meaning of the Financial

Management and Accountability Act 1997) who is in the

designated Department or is part of the designated Department.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 31

Designated Minister

(12) For the purposes of this section, designated Minister means the

Minister who administers sections 4 and 4AA.

Designated Secretary

(13) For the purposes of this section, designated Secretary means the

Secretary of the designated Department.

Horticulture Marketing and Research and Development

Services Act 2000

67 Subsections 16(3) and (4)

Repeal the subsections.

68 After subsection 16(7)

Insert:

(7A) Payments made to the industry services body during a particular

financial year under subsection (2) are subject to the condition that,

if:

(a) before the end of 31 October next following the financial

year, the Secretary determines the amount of the gross value

of production of the horticultural industry for the financial

year; and

(b) as at the end of 31 October next following the financial year,

the sum of the matching payments that were paid to the

industry services body during the financial year exceeds

0.5% of the amount of the gross value of production of the

horticultural industry for the financial year as determined by

the Secretary;

the industry services body will pay to the Commonwealth an

amount equal to the excess.

Note 1:

This ensures that the sum of the matching payments that are retained

by the industry services body in relation to the financial year does not

exceed 0.5% of the amount of the gross value of production of the

horticultural industry for the financial year as determined by the

Secretary.

Note 2:

For the meaning of horticultural industry, see section 4.

(7B)

If:

Schedule 1 Amendments

32 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(a) before the end of 31 October next following a financial year,

the Secretary has not determined under subsection (7A) the

amount of the gross value of production of the horticultural

industry for the financial year; and

(b) the Secretary has determined under subsection (7A) the

amount of the gross value of production of the horticultural

industry for the previous financial year;

the Secretary is taken to have made, immediately before the end of

that 31 October, a determination under subsection (7A) that the

amount of the gross value of production of the horticultural

industry for the financial year is equal to the amount of the gross

value of production of the horticultural industry determined under

subsection (7A) for the previous financial year.

(7C) A determination made under subsection (7A) is not a legislative

instrument.

(7D) The regulations may provide for the way in which the Secretary is

to determine the amount of the gross value of production of the

horticultural industry for a financial year.

69 After subsection 16(8)

Insert:

Recovery

(8A) An amount payable under subsection (7A) by the industry services

body:

(a) is a debt due to the Commonwealth; and

(b) may be recovered by the Minister, on behalf of the

Commonwealth, by action in a court of competent

jurisdiction.

Set off

(8B)

If:

(a) an amount (the first amount) is payable by the industry

services body under subsection (7A); and

(b) another amount (the second amount) is payable by the

Commonwealth to the industry services body under

subsection (1) or (2);

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 33

the Minister may, on behalf of the Commonwealth, set off the

whole or a part of the first amount against the whole or a part of

the second amount.

70 Application--section 16 of the Horticulture Marketing and

Research and Development Services Act 2000

(1)

Despite the amendments of the Horticulture Marketing and Research

and Development Services Act 2000 by this Schedule, section 16 of that

Act continues to apply, after the commencement of this item, in relation

to matching payments made to the industry services body during:

(a) the financial year in which this item commences; or

(b) an earlier financial year;

as if those amendments had not been made.

(2)

Subsection 16(7A) of the Horticulture Marketing and Research and

Development Services Act 2000 as amended by this Schedule applies in

relation to matching payments made to the industry services body

during:

(a) the financial year next following the financial year in which

this item commences; or

(b) a later financial year.

71 Transitional--determinations made under section 16 of

the Horticulture Marketing and Research and

Development Services Act 2000

Subsection 16(7B) of the Horticulture Marketing and Research and

Development Services Act 2000 as amended by this Schedule has effect

as if a determination under repealed subsection 16(3) of the

Horticulture Marketing and Research and Development Services Act

2000 had been made under subsection 16(7A) of that Act as amended

by this Schedule.

Local Government (Financial Assistance) Act 1995

72 After section 18

Insert:

Schedule 1 Amendments

34 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

18A Recoverable payments

(1) If, apart from this subsection, the Commonwealth does not have

power under this Act to pay an amount (the relevant amount) to a

State purportedly as an amount under this Act, then the

Commonwealth may pay the relevant amount to the State.

Recovery

(2)

If:

(a) a payment is made under subsection (1) to a State; and

(b) the State is entitled to receive an amount under this Act;

then:

(d) such part of the relevant amount as the Minister determines;

may, if the Minister so directs, be recovered by deduction from the

amount mentioned in paragraph (b).

18B Reports about recoverable payments

(1) During the applicable publication period for a reporting period, the

Secretary of the Department must cause to be published, in such

manner as the Secretary thinks fit, a report that sets out:

(a) the number of payments made under subsection 18A(1)

during the reporting period; and

(b) the total amount of those payments.

(2) However, a report is not required if the number mentioned in

paragraph (1)(a) is zero.

Deferred reporting

(3) Subsection (1) of this section does not require a report to deal with

a payment unless, before the preparation of the report, a

Departmental official was aware the payment was made under

subsection 18A(1).

(4) For the purposes of this section, if:

(a) a payment was made under subsection 18A(1) in a reporting

period; and

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 35

(b) because of subsection (3) of this section, subsection (1) of

this section did not require a report to deal with the payment;

and

becomes aware that the payment was made under subsection

18A(1);

the payment is subject to a deferred reporting obligation in

relation to the later reporting period.

(5) If one or more payments made under subsection 18A(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Secretary of the Department

must, during the applicable publication period for the later

reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Secretary thinks fit, the paragraph (a) report.

Reporting period

(6) For the purposes of this section, a reporting period is:

(a) a financial year; or

(b) if a shorter recurring period is specified in a legislative

instrument made by the Minister--that period.

Applicable publication period

(7) For the purposes of this section, the applicable publication period

for a reporting period is the period of:

(a) 4 months; or

(b) if a lesser number of months is specified, in relation to the

reporting period, in a legislative instrument made by the

Minister--that number of months;

beginning immediately after the end of the reporting period.

Schedule 1 Amendments

36 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Departmental official

(8) For the purposes of this section, Departmental official means an

official (within the meaning of the Financial Management and

Accountability Act 1997) who is in the Department or is part of the

Department.

Military Superannuation and Benefits Act 1991

73 After section 16A

Insert:

16B Recoverable payments

(1) If, apart from this subsection, the Commonwealth does not have

power, under this Act, to pay an amount (the relevant amount) to a

person (the recipient) purportedly as a benefit under the Rules,

then the Commonwealth may pay the relevant amount to the

recipient.

Recovery

(2) If a payment is made under subsection (1) to the recipient, the

relevant amount:

(a) is a debt due to the Commonwealth by the recipient; and

(b) may be recovered by the Chief Executive Officer of

ComSuper, on behalf of the Commonwealth, in a court of

competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

(3)

If:

(a) a payment is made under subsection (1) to the recipient; and

(b) the recipient is receiving, or is entitled to receive, a benefit

under the Rules;

then:

(d) such part of the relevant amount as the Chief Executive

Officer of ComSuper determines;

may, if the Chief Executive Officer of ComSuper so directs, be

recovered by deduction from that benefit.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 37

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

16C Recoverable death payments

(1) If, apart from this subsection, the Commonwealth does not have

power under this Act to pay an amount (the relevant amount) in

any of the following circumstances:

(a) the relevant amount is deposited to an account kept in the

name of a deceased person;

(b) the relevant amount is deposited to an account kept in the

names of a deceased person and another person;

deceased person;

the Commonwealth may pay the relevant amount in the

circumstances mentioned in paragraph (a), (b) or (c), so long as:

(d) on the last day on which changes could reasonably be made

to the payment of the relevant amount, the Chief Executive

Officer of ComSuper did not know that the deceased person

had died; and

(e) apart from this subsection, the relevant amount would have

been payable as a benefit to the deceased person if the

deceased person had not died.

(2) If a payment is made under subsection (1), the relevant amount is

taken to have been paid to the deceased person's estate.

Recovery

(3) If a payment is made under subsection (1), the relevant amount:

(a) is a debt due to the Commonwealth by the legal personal

representative of the deceased person; and

(b) may be recovered by the Chief Executive Officer of

ComSuper, on behalf of the Commonwealth, in a court of

competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Schedule 1 Amendments

38 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

16D Reports about recoverable payments and recoverable death

payments

(1) During the applicable publication period for a reporting period, the

Secretary of the Department must cause to be published, in such

manner as the Secretary thinks fit, a report that sets out:

(a)

both:

(i) the number of payments made under subsection 16B(1)

during the reporting period; and

(ii) the total amount of those payments; and

(b)

both:

(i) the number of payments made under subsection 16C(1)

during the reporting period; and

(ii) the total amount of those payments.

(2) However, a report is not required if:

(a) the number mentioned in subparagraph (1)(a)(i) is zero; and

(b) the number mentioned in subparagraph (1)(b)(i) is zero.

Deferred reporting

(3) Paragraph (1)(a) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

Departmental official was aware the payment was made under

subsection 16B(1).

(4) Paragraph (1)(b) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

Departmental official was aware the payment was made under

subsection 16C(1).

(5) For the purposes of this section, if:

(a) a payment was made under subsection 16B(1) or 16C(1) in a

reporting period; and

(b)

either:

(i) because of subsection (3) of this section,

paragraph (1)(a) of this section did not require a report

to deal with the payment; or

(ii) because of subsection (4) of this section,

paragraph (1)(b) of this section did not require a report

to deal with the payment; and

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 39

becomes aware that the payment was made under subsection

16B(1) or 16C(1), as the case may be;

the payment is subject to a deferred reporting obligation in

relation to the later reporting period.

(6) If one or more payments made under subsection 16B(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Secretary of the Department

must, during the applicable publication period for the later

reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Secretary thinks fit, the paragraph (a) report.

(7) If one or more payments made under subsection 16C(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Secretary of the Department

must, during the applicable publication period for the later

reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Secretary thinks fit, the paragraph (a) report.

Reporting period

(8) For the purposes of this section, a reporting period is:

Schedule 1 Amendments

40 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(a) a financial year; or

(b) if a shorter recurring period is specified in a legislative

instrument made by the Minister--that period.

Applicable publication period

(9) For the purposes of this section, the applicable publication period

for a reporting period is the period of:

(a) 4 months; or

(b) if a lesser number of months is specified, in relation to the

reporting period, in a legislative instrument made by the

Minister--that number of months;

beginning immediately after the end of the reporting period.

Departmental official

(10) For the purposes of this section, Departmental official means an

official (within the meaning of the Financial Management and

Accountability Act 1997) who is in the Department or is part of the

Department.

74 After section 51A

Insert:

51B Transitional--recoverable payments relating to retention

benefit

(1) If, apart from this subsection, the Commonwealth does not have

power, under repealed Part 8 of this Act as continued in force by

item 4 of Schedule 4 to the Defence Legislation Amendment Act

(No. 1) 2005, to pay an amount (the relevant amount) to a person

(the recipient) purportedly as a retention benefit, then the

Commonwealth may pay the relevant amount to the recipient.

Recovery

(2) If a payment is made under subsection (1) to the recipient, the

relevant amount:

(a) is a debt due to the Commonwealth by the recipient; and

(b) may be recovered by the Secretary of the Department, on

behalf of the Commonwealth, in a court of competent

jurisdiction.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 41

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

(3)

If:

(a) a payment is made under subsection (1) to the recipient; and

(b) the recipient is receiving, or is entitled to receive, an amount

under a determination made under Part IIIA of the Defence

Act 1903;

then:

(d) such part of the relevant amount as the Secretary of the

Department determines;

may, if the Secretary of the Department so directs, be recovered by

deduction from the amount mentioned in paragraph (b).

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Appropriation

(4) For the purposes of repealed section 39 of this Act as continued in

force by item 4 of Schedule 4 to the Defence Legislation

Amendment Act (No. 1) 2005, a payment under subsection (1) of

this section is taken to be a retention benefit.

Retention benefit

(5) For the purposes of this section, retention benefit means retention

benefit under repealed Part 8 of this Act as continued in force by

item 4 of Schedule 4 to the Defence Legislation Amendment Act

(No. 1) 2005.

51C Transitional--reports about recoverable payments

(1) During the applicable publication period for a reporting period, the

Secretary of the Department must cause to be published, in such

manner as the Secretary thinks fit, a report that sets out:

(a) the number of payments made under subsection 51B(1)

during the reporting period; and

(b) the total amount of those payments.

(2) However, a report is not required if the number mentioned in

paragraph (1)(a) is zero.

Schedule 1 Amendments

42 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Deferred reporting

(3) Subsection (1) of this section does not require a report to deal with

a payment unless, before the preparation of the report, a

Departmental official was aware the payment was made under

subsection 51B(1).

(4) For the purposes of this section, if:

(a) a payment was made under subsection 51B(1) in a reporting

period; and

(b) because of subsection (3) of this section, subsection (1) of

this section did not require a report to deal with the payment;

and

becomes aware that the payment was made under subsection

51B(1);

the payment is subject to a deferred reporting obligation in

relation to the later reporting period.

(5) If one or more payments made under subsection 51B(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Secretary of the Department

must, during the applicable publication period for the later

reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Secretary thinks fit, the paragraph (a) report.

Reporting period

(6) For the purposes of this section, a reporting period is:

(a) a financial year; or

(b) if a shorter recurring period is specified in a legislative

instrument made by the Minister--that period.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 43

Applicable publication period

(7) For the purposes of this section, the applicable publication period

for a reporting period is the period of:

(a) 4 months; or

(b) if a lesser number of months is specified, in relation to the

reporting period, in a legislative instrument made by the

Minister--that number of months;

beginning immediately after the end of the reporting period.

Departmental official

(8) For the purposes of this section, Departmental official means an

official (within the meaning of the Financial Management and

Accountability Act 1997) who is in the Department or is part of the

Department.

National Residue Survey Administration Act 1992

75 Paragraph 8(1)(a)

Omit ", in accordance with an expenditure program approved by the

Minister,".

76 Subparagraphs 8(1)(a)(ii), (iii) and (iv)

Omit "if the relevant body (as determined by the Minister) in the

industry concerned agrees to the program extending to expenditure

under this subparagraph--".

Parliamentary Contributory Superannuation Act 1948

77 Subsection 24(2)

Repeal the subsection, substitute:

(2) Subsection (1) has effect subject to subsection 24AA(4).

78 After section 24

Insert:

Schedule 1 Amendments

44 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

24AA Recoverable payments

(1) If, apart from this subsection, the Commonwealth does not have

power under this Act to pay an amount (the relevant amount) to a

person (the recipient) purportedly as a benefit, then the

Commonwealth may pay the relevant amount to the recipient.

Recovery

(2) If a payment is made under subsection (1) to the recipient, the

relevant amount:

(a) is a debt due to the Commonwealth by the recipient; and

(b) may be recovered by the Secretary of the Department, on

behalf of the Commonwealth, in a court of competent

jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

(3)

If:

(a) a payment is made under subsection (1) to the recipient; and

(b) the recipient is receiving, or is entitled to receive, a benefit;

then:

(d) such part of the relevant amount as the Secretary of the

Department determines;

may, if the Secretary of the Department so directs, be recovered by

deduction from that benefit.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Benefit

(4) For the purposes of this section, benefit means a retiring

allowance, annuity or other benefit under this Act.

24AB Recoverable death payments

(1) If, apart from this subsection, the Commonwealth does not have

power under this Act to pay an amount (the relevant amount) in

any of the following circumstances:

(a) the relevant amount is deposited to an account kept in the

name of a deceased person;

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 45

(b) the relevant amount is deposited to an account kept in the

names of a deceased person and another person;

deceased person;

the Commonwealth may pay the relevant amount in the

circumstances mentioned in paragraph (a), (b) or (c), so long as:

(d) on the last day on which changes could reasonably be made

to the payment of the relevant amount, the Secretary of the

Department did not know that the deceased person had died;

and

(e) apart from this subsection, the relevant amount would have

been payable as a benefit to the deceased person if the

deceased person had not died.

(2) If a payment is made under subsection (1), the relevant amount is

taken to have been paid to the deceased person's estate.

Recovery

(3) If a payment is made under subsection (1), the relevant amount:

(a) is a debt due to the Commonwealth by the legal personal

representative of the deceased person; and

(b) may be recovered by the Secretary of the Department, on

behalf of the Commonwealth, in a court of competent

jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Benefit

(4) For the purposes of this section, benefit means a retiring

allowance, annuity or other benefit under this Act.

24AC Reports about recoverable payments and recoverable death

payments

(1) During the applicable publication period for a reporting period, the

Secretary of the Department must cause to be published, in such

manner as the Secretary thinks fit, a report that sets out:

(a)

both:

(i) the number of payments made under subsection

24AA(1) during the reporting period; and

Schedule 1 Amendments

46 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(ii) the total amount of those payments; and

(b)

both:

(i) the number of payments made under subsection

24AB(1) during the reporting period; and

(ii) the total amount of those payments.

(2) However, a report is not required if:

(a) the number mentioned in subparagraph (1)(a)(i) is zero; and

(b) the number mentioned in subparagraph (1)(b)(i) is zero.

Deferred reporting

(3) Paragraph (1)(a) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

Departmental official was aware the payment was made under

subsection 24AA(1).

(4) Paragraph (1)(b) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

Departmental official was aware the payment was made under

subsection 24AB(1).

(5) For the purposes of this section, if:

(a) a payment was made under subsection 24AA(1) or 24AB(1)

in a reporting period; and

(b)

either:

(i) because of subsection (3) of this section,

paragraph (1)(a) of this section did not require a report

to deal with the payment; or

(ii) because of subsection (4) of this section,

paragraph (1)(b) of this section did not require a report

to deal with the payment; and

becomes aware that the payment was made under subsection

24AA(1) or 24AB(1), as the case may be;

the payment is subject to a deferred reporting obligation in

relation to the later reporting period.

(6) If one or more payments made under subsection 24AA(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Secretary of the Department

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 47

must, during the applicable publication period for the later

reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Secretary thinks fit, the paragraph (a) report.

(7) If one or more payments made under subsection 24AB(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Secretary of the Department

must, during the applicable publication period for the later

reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Secretary thinks fit, the paragraph (a) report.

Reporting period

(8) For the purposes of this section, a reporting period is:

(a) a financial year; or

(b) if a shorter recurring period is specified in a legislative

instrument made by the Minister--that period.

Applicable publication period

(9) For the purposes of this section, the applicable publication period

for a reporting period is the period of:

Schedule 1 Amendments

48 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(a) 4 months; or

(b) if a lesser number of months is specified, in relation to the

reporting period, in a legislative instrument made by the

Minister--that number of months;

beginning immediately after the end of the reporting period.

Departmental official

(10) For the purposes of this section, Departmental official means an

official (within the meaning of the Financial Management and

Accountability Act 1997) who is in the Department or is part of the

Department.

Pig Industry Act 2001

79 Paragraph 9(2)(c)

Repeal the paragraph, substitute:

(i) research and development activities for the benefit of

the Australian pig industry and the Australian

community generally; and

(ii) making payments to the Commonwealth under

subsection 10(8).

80 Section 10 (heading)

Repeal the heading, substitute:

10 Appropriation for payments under funding contract etc.

81 Subsection 10(8)

Repeal the subsection, substitute:

Retention limit for matching payments

(8) The matching payments made to the eligible body during a

particular financial year are subject to the condition that, if:

(a) before the end of 31 October next following the financial

year, the Minister determines the amount of the gross value

of pig meat production in Australia in the financial year; and

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 49

(b) as at the end of 31 October next following the financial year,

the sum of the matching payments that were paid to the

eligible body during the financial year exceeds the lesser of:

(i) 0.5% of the amount of the gross value of pig meat

production in Australia in the financial year as

determined by the Minister; and

(ii) 50% of the amount spent by the eligible body in the

financial year on activities that qualify, under the

funding contract, as research and development

activities;

the eligible body will pay to the Commonwealth an amount equal

to the excess.

Note:

This ensures that the sum of the matching payments that are retained

by the eligible body in relation to the financial year does not exceed

the lesser of the amounts calculated under subparagraphs (b)(i) and

(b)(ii).

(8A)

If:

(a) before the end of 31 October next following a financial year,

the Minister has not determined under subsection (8) the

amount of the gross value of pig meat production in Australia

in the financial year; and

(b) the Minister has determined under subsection (8) the amount

of the gross value of pig meat production in Australia in the

previous financial year;

the Minister is taken to have made, immediately before the end of

that 31 October, a determination under subsection (8) that the

amount of the gross value of pig meat production in Australia in

the financial year is equal to the amount of the gross value of pig

meat production in Australia determined under subsection (8) for

the previous financial year.

(8B) An amount payable under subsection (8) by the eligible body:

(a) is a debt due to the Commonwealth; and

(b) may be recovered by the Minister, on behalf of the

Commonwealth, by action in a court of competent

jurisdiction.

(8C) A determination made under subsection (8) is not a legislative

instrument.

82 Subsection 10(10) (note)

Schedule 1 Amendments

50 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Omit "paragraph (8)(a)", substitute "the condition in

subparagraph (8)(b)(i)".

83 Paragraph 10(11)(b)

Omit "paragraph (8)(a)", substitute "subparagraph (8)(b)(i)".

84 Paragraph 10(11)(b)

Omit "matching payments", substitute "net matching payments".

85 Subsection 10(11) (formula)

Repeal the formula, substitute:

The amount of the

R&D spend amount

net matching payments

in the financial year

for the financial year

�

86 After subsection 10(11)

Insert:

(11A) For the purposes of subsection (11), net matching payments in

respect of a financial year means the total of the matching

payments made to the eligible body during the financial year, less

the amount payable by the eligible body under subsection (8) as a

condition of those matching payments.

87 At the end of section 10

Add:

Set off

(15)

If:

(a) an amount (the first amount) is payable by the eligible body

under subsection (8); and

(b) another amount (the second amount) is payable by the

Commonwealth to the eligible body under the funding

contract;

the Minister may, on behalf of the Commonwealth, set off the

whole or a part of the first amount against the whole or a part of

the second amount.

88 Application--section 10 of the Pig Industry Act 2001

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 51

(1)

Despite the amendments of the Pig Industry Act 2001 by this Schedule,

section 10 of that Act continues to apply, after the commencement of

this item, in relation to matching payments made to the eligible body

during:

(a) the financial year in which this item commences; or

(b) an earlier financial year;

as if those amendments had not been made.

(2)

Subsection 10(8) of the Pig Industry Act 2001 as amended by this

Schedule applies in relation to matching payments made to the eligible

body during:

(a) the financial year next following the financial year in which

this item commences; or

(b) a later financial year.

89 Transitional--determinations made under section 10 of

the Pig Industry Act 2001

Subsection 10(8A) of the Pig Industry Act 2001 as amended by this

Schedule has effect as if a determination under repealed subsection

10(8) of the Pig Industry Act 2001 had been made under subsection

10(8) of that Act as amended by this Schedule.

Primary Industries and Energy Research and Development

Act 1989

90 Paragraph 30A(2)(a)

Omit "total GVP" (wherever occurring), substitute "interim total GVP".

91 Paragraph 30A(2)(b)

Omit "total GVP" (first occurring), substitute "interim total GVP".

92 Subparagraph 30A(2)(b)(i)

Omit "total GVP", substitute "interim total GVP".

93 Subparagraph 30A(2)(b)(i)

Omit "Commonwealth GVP", substitute "interim Commonwealth

GVP".

94 Subparagraph 30A(2)(b)(ii)

Schedule 1 Amendments

52 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Omit "total GVP" (first occurring), substitute "interim total GVP".

95 Subparagraph 30A(2)(b)(ii)

Omit "Commonwealth GVP", substitute "interim Commonwealth

GVP".

96 Subparagraph 30A(2)(b)(ii)

Omit "total GVP" (last occurring), substitute "interim total GVP".

97 Paragraph 30A(2)(c)

Omit "total GVP" (first occurring), substitute "interim total GVP".

98 Subparagraph 30A(2)(c)(i)

Omit "total GVP", substitute "interim total GVP".

99 Subparagraph 30A(2)(c)(i)

Omit "State or Territory GVP", substitute "interim State or Territory

GVP".

100 Subparagraph 30A(2)(c)(ii)

Omit "total GVP" (first occurring), substitute "interim total GVP".

101 Subparagraph 30A(2)(c)(ii)

Omit "State or Territory GVP", substitute "interim State or Territory

GVP".

102 Subparagraph 30A(2)(c)(ii)

Omit "total GVP" (last occurring), substitute "interim total GVP".

103 After subsection 30A(2A)

Insert:

(2B)

If:

(a) an amount is paid to the Corporation under paragraph (1)(b)

in a financial year; and

(b) the amount was calculated, in whole or in part, under

subsection (2) on the basis of:

(i) interim Commonwealth GVP for the financial year; or

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 53

(ii) interim State or Territory GVP for the financial year for

a State or Territory; or

(iii) interim total GVP for the financial year; and

year, the Minister determines an amount that is:

(i) if subparagraph (b)(i) applies--the final Commonwealth

GVP for the financial year; or

(ii) if subparagraph (b)(ii) applies--the final State or

Territory GVP for the financial year for that State or

Territory; or

(iii) if subparagraph (b)(iii) applies--the final total GVP for

the financial year; and

(d) as at the end of 31 October next following the financial year,

the total amount paid to the Corporation under

paragraph (1)(b) in the financial year exceeds the amount that

would have been paid to the Corporation under that

paragraph in the financial year if:

(i) each reference in subsection (2) to interim

Commonwealth GVP were a reference to the amount of

final Commonwealth GVP so determined; and

(ii) each reference in subsection (2) to interim State or

Territory GVP were a reference to the amount of final

State or Territory GVP so determined; and

(iii) each reference in subsection (2) to interim total GVP

were a reference to the amount of final total GVP so

determined;

the Corporation must pay to the Commonwealth an amount equal

to the excess.

(2C)

If:

(a) an amount is paid to the Corporation under paragraph (1)(b)

in a financial year; and

(b) the amount was calculated, in whole or in part, under

subsection (2) on the basis of:

(i) interim Commonwealth GVP for the financial year; or

(ii) interim State or Territory GVP for the financial year for

a State or Territory; or

(iii) interim total GVP for the financial year; and

year, the Minister determines an amount that is:

Schedule 1 Amendments

54 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(i) if subparagraph (b)(i) applies--the final Commonwealth

GVP for the financial year; or

(ii) if subparagraph (b)(ii) applies--the final State or

Territory GVP for the financial year for that State or

Territory; or

(iii) if subparagraph (b)(iii) applies--the final total GVP for

the financial year; and

(d) as at the end of 31 October next following the financial year,

the total amount paid to the Corporation under

paragraph (1)(b) in the financial year falls short of the

amount that would have been paid to the Corporation under

that paragraph in the financial year if:

(i) each reference in subsection (2) to interim

Commonwealth GVP were a reference to the amount of

final Commonwealth GVP so determined; and

(ii) each reference in subsection (2) to interim State or

Territory GVP were a reference to the amount of final

State or Territory GVP so determined; and

(iii) each reference in subsection (2) to interim total GVP

were a reference to the amount of final total GVP so

determined;

the Commonwealth must pay to the Corporation an amount equal

to the shortfall.

(2D)

If:

(a) before the end of 31 October next following a financial year,

the Minister has not determined under subsection (4) an

amount that is final Commonwealth GVP for the financial

year; and

(b) the Minister has determined under subsection (4) the amount

that is final Commonwealth GVP for the previous financial

year;

the Minister is taken to have made, immediately before the end of

that 31 October, a determination under subsection (4) that the

amount of final Commonwealth GVP for the financial year is equal

to the amount of the final Commonwealth GVP determined under

subsection (4) for the previous financial year.

(2E)

If:

(a) before the end of 31 October next following a financial year,

the Minister has not determined under subsection (4) the

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 55

amount that is final State or Territory GVP for the financial

year for a State or a Territory; and

(b) the Minister has determined under subsection (4) the amount

that is final State or Territory GVP for the previous financial

year for the State or Territory;

the Minister is taken to have made, immediately before the end of

that 31 October, a determination under subsection (4) that the

amount of final State or Territory GVP for the financial year for

the State or Territory is equal to the amount of the final State or

Territory GVP determined under subsection (4) for the previous

financial year for the State or Territory.

(2F)

If:

(a) before the end of 31 October next following a financial year,

the Minister has not determined under subsection (4) the

amount that is final total GVP for the financial year; and

(b) the Minister has determined under subsection (4) the amount

that is final total GVP for the previous financial year;

the Minister is taken to have made, immediately before the end of

that 31 October, a determination under subsection (4) that the

amount that is final total GVP for the financial year is equal to the

amount of the final total GVP determined under subsection (4) for

the previous financial year.

(2G) The Minister may, on behalf of the Commonwealth, set off an

amount payable by an R&D Corporation under this section against

an amount that is payable to the Corporation under subsection (1)

or (2C).

(2H) A determination made under this section is not a legislative

instrument.

104 Subsection 30A(3)

After "subsection (1)", insert "or (2C)".

105 Subsection 30A(4)

Repeal the subsection, substitute:

(4) In this section:

final Commonwealth GVP, in relation to a financial year, means

the amount that the Minister determines to be the amount of the

Schedule 1 Amendments

56 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

gross value of production for that financial year of the goods that

are the produce of that part of the fishing industry that is managed

by or on behalf of the Commonwealth.

final State or Territory GVP, in relation to a financial year and in

relation to a State or Territory, means the amount that the Minister

determines to be the amount of the gross value of production for

that financial year of the goods that are the produce of that part of

the fishing industry that is managed by or on behalf of the State or

Territory.

final total GVP, in relation to a financial year, means the amount

that the Minister determines to be the amount of the gross value of

production for that financial year of the goods that are the produce

of all parts of the fishing industry, whether managed by or on

behalf of the Commonwealth, a State or a Territory.

interim Commonwealth GVP, in relation to a financial year,

means the final Commonwealth GVP for the previous financial

year.

interim State or Territory GVP, in relation to a financial year and

in relation to a State or Territory, means the final State or Territory

GVP for the previous financial year for the State or Territory.

interim total GVP, in relation to a financial year, means the final

total GVP for the previous financial year.

106 Section 32 (heading)

Repeal the heading, substitute:

32 Retention limit for Commonwealth's matching payments

107 Subsection 32(1)

Repeal the subsection, substitute:

(1) For the purposes of this section, gross value of production, in

relation to a levy for a financial year, means the gross value of

production, for that financial year, of the goods that are the

produce of the primary industry, or class of primary industries, to

which the levy relates.

(1A)

If:

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 57

(a) a levy is attached an R&D Corporation; and

(b) before the end of 31 October next following a financial year,

the Minister determines the amount of the gross value of

production in relation to the levy for the financial year; and

the sum of the amounts that were paid to the Corporation

during the financial year under paragraph 30(1)(b) exceeds

0.5% of the amount of the gross value of production in

relation to the levy for the financial year as determined by the

Minister;

the Corporation must pay to the Commonwealth an amount equal

to the excess.

(1B)

If:

(a) before the end of 31 October next following a financial year,

the Minister has not determined under subsection (1A) the

amount of the gross value of production in relation to a levy

for the financial year; and

(b) the Minister has determined under subsection (1A) the

amount of the gross value of production in relation to the

levy for the previous financial year;

the Minister is taken to have made, immediately before the end of

that 31 October, a determination under subsection (1A) that the

amount of the gross value of production in relation to the levy for

the financial year is equal to the amount of the gross value of

production in relation to the levy determined under subsection (1A)

for the previous financial year.

(1C) The Minister may, on behalf of the Commonwealth, set off an

amount payable by the R&D Corporation under subsection (1A)

against an amount that is payable to the Corporation under

paragraph 30(1)(b).

(1D) A determination made under subsection (1A) is not a legislative

instrument.

108 After paragraph 33(1)(c)

Insert:

(ca) in payment to the Commonwealth of amounts payable under

subsection 30A(2B) or 32(1A); and

Schedule 1 Amendments

58 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

109 Paragraph 108(1)(b)

Omit "sections 109 and 110", substitute "section 109".

110 Paragraph 108(1)(b)

Omit "paragraph 112(1)(d)", substitute "paragraphs 112(1)(ca) and (d)".

111 Section 110 (heading)

Repeal the heading, substitute:

110 Retention limit for Commonwealth's matching payments

112 Subsection 110(1)

Repeal the subsection, substitute:

(1) For the purposes of this section, gross value of production, in

relation to a levy for a financial year, means the gross value of

production, for that financial year, of the goods that are the

produce of the primary industry, or class of primary industries, to

which the levy relates.

(1A)

If:

(a) a levy is attached to an R&D Fund; and

(b) before the end of 31 October next following a financial year,

the Minister determines the amount of the gross value of

production in relation to the levy for the financial year; and

the sum of the amounts that were paid into the R&D Fund

during the financial year under paragraph 108(1)(b) exceeds

0.5% of the amount of the gross value of production in

relation to the levy for the financial year as determined by the

Minister;

the RIR&D Corporation must pay to the Commonwealth, out of

the R&D Fund, an amount equal to the excess.

(1B)

If:

(a) before the end of 31 October next following a financial year,

the Minister has not determined under subsection (1A) the

amount of the gross value of production in relation to the

levy for the financial year; and

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 59

(b) the Minister has determined under subsection (1A) the

amount of the gross value of production in relation to the

levy for the previous financial year;

the Minister is taken to have made, immediately before the end of

that 31 October, a determination under subsection (1A) that the

amount of the gross value of production in relation to the levy for

the financial year is equal to the amount of the gross value of

production in relation to the levy determined under subsection (1A)

for the previous financial year.

(1C) The Minister may, on behalf of the Commonwealth, set off an

amount payable out of an R&D Fund under subsection (1A)

against an amount that is payable into the R&D Fund under

paragraph 108(1)(b).

(1D) A determination made under subsection (1A) is not a legislative

instrument.

113 After paragraph 112(1)(c)

Insert:

(ca) in payment to the Commonwealth of amounts payable under

subsection 110(1A); and

114 Application--section 30A of the Primary Industries and

Energy Research and Development Act 1989

(1)

Despite the amendments of the Primary Industries and Energy

Research and Development Act 1989 by this Schedule, section 30A of

that Act continues to apply, after the commencement of this item, in

relation to payments made to an R&D Corporation during:

(a) the financial year in which this item commences; or

(b) an earlier financial year;

as if those amendments had not been made.

(2)

Subsections 30A(2B) and (2C) of the Primary Industries and Energy

Research and Development Act 1989 as amended by this Schedule

apply in relation to payments made to an R&D Corporation during:

(a) the financial year next following the financial year in which

this item commences; or

(b) a later financial year.

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60 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

115 Application--section 32 of the Primary Industries and

Energy Research and Development Act 1989

(1)

Despite the amendments of the Primary Industries and Energy

Research and Development Act 1989 by this Schedule, section 32 of

that Act continues to apply, after the commencement of this item, in

relation to payments made to an R&D Corporation during:

(a) the financial year in which this item commences; or

(b) an earlier financial year;

as if those amendments had not been made.

(2)

Subsection 32(1A) of the Primary Industries and Energy Research and

Development Act 1989 as amended by this Schedule applies in relation

to payments made to an R&D Corporation during:

(a) the financial year next following the financial year in which

this item commences; or

(b) a later financial year.

116 Application--section 110 of the Primary Industries and

Energy Research and Development Act 1989

(1)

Despite the amendments of the Primary Industries and Energy

Research and Development Act 1989 by this Schedule, section 110 of

that Act continues to apply, after the commencement of this item, in

relation to payments made into an R&D Fund during:

(a) the financial year in which this item commences; or

(b) an earlier financial year;

as if those amendments had not been made.

(2)

Subsection 110(1A) of the Primary Industries and Energy Research

and Development Act 1989 as amended by this Schedule applies in

relation to payments made into an R&D Fund during:

(a) the financial year next following the financial year in which

this item commences; or

(b) a later financial year.

117 Transitional--determinations made under section 30A of

the Primary Industries and Energy Research and

Development Act 1989

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Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 61

Section 30A of the Primary Industries and Energy Research and

Development Act 1989 as amended by this Schedule has effect:

(a) in the case of a determination of an amount of

Commonwealth GVP under repealed subsection 30A(4) of

the Primary Industries and Energy Research and

Development Act 1989--as if the determination had been

made as a determination of an amount of final

Commonwealth GVP under subsection 30A(4) of that Act as

amended by this Schedule; and

(b) in the case of a determination of an amount of State or

Territory GVP for a State or Territory under repealed

subsection 30A(4) of the Primary Industries and Energy

Research and Development Act 1989--as if the

determination had been made as a determination of an

amount of final State or Territory GVP for the State or

Territory under subsection 30A(4) of that Act as amended by

this Schedule; and

under repealed subsection 30A(4) of the Primary Industries

and Energy Research and Development Act 1989--as if the

determination had been made as a determination of an

amount of final total GVP under subsection 30A(4) of that

Act as amended by this Schedule.

118 Transitional--determinations made under section 32 of

the Primary Industries and Energy Research and

Development Act 1989

Subsection 32(1B) of the Primary Industries and Energy Research and

Development Act 1989 as amended by this Schedule has effect as if a

determination under repealed subsection 32(1) of the Primary Industries

and Energy Research and Development Act 1989 had been made under

subsection 32(1A) of that Act as amended by this Schedule.

119 Transitional--determinations made under section 110 of

the Primary Industries and Energy Research and

Development Act 1989

Schedule 1 Amendments

62 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Subsection 110(1B) of the Primary Industries and Energy Research and

Development Act 1989 as amended by this Schedule has effect as if a

determination under repealed subsection 110(1) of the Primary

Industries and Energy Research and Development Act 1989 had been

made under subsection 110(1A) of that Act as amended by this

Schedule.

Same-Sex Relationships (Equal Treatment in

Commonwealth Laws--Superannuation) Act 2008

120 After section 4

Insert:

5 Recoverable payments

(1) If, apart from this subsection, the Commonwealth does not have

power under section 4 to pay an amount (the relevant amount) to a

person (the recipient) purportedly as a benefit, then the

Commonwealth may pay the relevant amount to the recipient.

Recovery

(2) If a payment is made under subsection (1) to the recipient, the

relevant amount:

(a) is a debt due to the Commonwealth by the recipient; and

(b) may be recovered by the Chief Executive Officer of

ComSuper, on behalf of the Commonwealth, in a court of

competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

(3)

If:

(a) a payment is made under subsection (1) to the recipient; and

(b) the recipient is receiving, or is entitled to receive, a benefit;

then:

(d) such part of the relevant amount as the Chief Executive

Officer of ComSuper determines;

may, if the Chief Executive Officer of ComSuper so directs, be

recovered by deduction from that benefit.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 63

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Appropriation

(4) For the purposes of subsection 4(7), a payment under

subsection (1) of this section is taken to be a replacement payment

made under section 4.

Benefit

(5) For the purposes of this section, benefit means a replacement

payment under section 4.

6 Recoverable death payments

(1) If, apart from this subsection, the Commonwealth does not have

power under section 4 to pay an amount (the relevant amount) in

any of the following circumstances:

(a) the relevant amount is deposited to an account kept in the

name of a deceased person;

(b) the relevant amount is deposited to an account kept in the

names of a deceased person and another person;

deceased person;

the Commonwealth may pay the relevant amount in the

circumstances mentioned in paragraph (a), (b) or (c), so long as:

(d) on the last day on which changes could reasonably be made

to the payment of the relevant amount, the Chief Executive

Officer of ComSuper did not know that the deceased person

had died; and

(e) apart from this subsection, the relevant amount would have

been payable as a benefit to the deceased person if the

deceased person had not died.

(2) If a payment is made under subsection (1), the relevant amount is

taken to have been paid to the deceased person's estate.

Recovery

(3) If a payment is made under subsection (1), the relevant amount:

(a) is a debt due to the Commonwealth by the legal personal

representative of the deceased person; and

Schedule 1 Amendments

64 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(b) may be recovered by the Chief Executive Officer of

ComSuper, on behalf of the Commonwealth, in a court of

competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Appropriation

(4) For the purposes of subsection 4(7), a benefit under subsection (1)

of this section is taken to be a replacement payment made under

section 4.

Benefit

(5) For the purposes of this section, benefit means a replacement

payment under section 4.

7 Reports about recoverable payments and recoverable death

payments

(1) During the applicable publication period for a reporting period, the

Chief Executive Officer of ComSuper must cause to be published,

in such manner as the Chief Executive Officer thinks fit, a report

that sets out:

(a)

both:

(i) the number of payments made under subsection 5(1)

during the reporting period; and

(ii) the total amount of those payments; and

(b)

both:

(i) the number of payments made under subsection 6(1)

during the reporting period; and

(ii) the total amount of those payments.

(2) However, a report is not required if:

(a) the number mentioned in subparagraph (1)(a)(i) is zero; and

(b) the number mentioned in subparagraph (1)(b)(i) is zero.

Deferred reporting

(3) Paragraph (1)(a) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 65

ComSuper official was aware the payment was made under

subsection 5(1).

(4) Paragraph (1)(b) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

ComSuper official was aware the payment was made under

subsection 6(1).

(5) For the purposes of this section, if:

(a) a payment was made under subsection 5(1) or 6(1) in a

reporting period; and

(b)

either:

(i) because of subsection (3) of this section,

paragraph (1)(a) of this section did not require a report

to deal with the payment; or

(ii) because of subsection (4) of this section,

paragraph (1)(b) of this section did not require a report

to deal with the payment; and

aware that the payment was made under subsection 5(1) or

6(1), as the case may be;

the payment is subject to a deferred reporting obligation in

relation to the later reporting period.

(6) If one or more payments made under subsection 5(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Chief Executive Officer of

ComSuper must, during the applicable publication period for the

later reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Chief Executive Officer thinks fit, the paragraph (a)

report.

Schedule 1 Amendments

66 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(7) If one or more payments made under subsection 6(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Chief Executive Officer of

ComSuper must, during the applicable publication period for the

later reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Chief Executive Officer thinks fit, the paragraph (a)

report.

Reporting period

(8) For the purposes of this section, a reporting period is:

(a) a financial year; or

(b) if a shorter recurring period is specified in a legislative

instrument made by the Finance Minister--that period.

Applicable publication period

(9) For the purposes of this section, the applicable publication period

for a reporting period is the period of:

(a) 4 months; or

(b) if a lesser number of months is specified, in relation to the

reporting period, in a legislative instrument made by the

Finance Minister--that number of months;

beginning immediately after the end of the reporting period.

ComSuper official

(10) For the purposes of this section, ComSuper official means an

official (within the meaning of the Financial Management and

Accountability Act 1997) who is in ComSuper or is part of

ComSuper.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 67

Finance Minister

(11) For the purposes of this section, Finance Minister means the

Minister who administers the Financial Management and

Accountability Act 1997.

Superannuation Act 1976

121 Subsections 156(4) and (5)

Omit "an amount of benefit has been paid", substitute "CSC has paid an

amount of benefit".

122 After section 156A

Insert:

156B Recoverable payments

(1) If, apart from this subsection, the Commonwealth does not have

power, under this Act or the superseded Act, to pay an amount (the

relevant amount) to a person (the recipient) purportedly as a

benefit, then the Commonwealth may pay the relevant amount to

the recipient.

Recovery

(2) If a payment is made under subsection (1) to the recipient, the

relevant amount:

(a) is a debt due to the Commonwealth by the recipient; and

(b) may be recovered by the Chief Executive Officer of

ComSuper, on behalf of the Commonwealth, in a court of

competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

(3)

If:

(a) a payment is made under subsection (1) to the recipient; and

(b) the recipient is receiving, or is entitled to receive, a benefit;

then:

(d) such part of the relevant amount as the Chief Executive

Officer of ComSuper determines;

Schedule 1 Amendments

68 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

may, if the Chief Executive Officer of ComSuper so directs, be

recovered by deduction from that benefit.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Appropriation

(4) For the purposes of subsection 112(2), if a payment under

subsection (1) of this section relates to a benefit (within the

meaning of this Act), the payment is taken to be a benefit.

(5) For the purposes of section 134 of the superseded Act, if a payment

under subsection (1) of this section relates to a pension or other

money payable under the superseded Act, the payment is taken to

be an amount of pension or other money payable under the

superseded Act.

Benefit

(6) For the purposes of this section (other than subsection (4)), benefit

includes pension or other money payable under the superseded Act.

156C Recoverable death payments

(1) If, apart from this subsection, the Commonwealth does not have

power, under this Act or the superseded Act, to pay an amount (the

relevant amount) in any of the following circumstances:

(a) the relevant amount is deposited to an account kept in the

name of a deceased person;

(b) the relevant amount is deposited to an account kept in the

names of a deceased person and another person;

deceased person;

the Commonwealth may pay the relevant amount in the

circumstances mentioned in paragraph (a), (b) or (c), so long as:

(d) on the last day on which changes could reasonably be made

to the payment of the relevant amount, the Chief Executive

Officer of ComSuper did not know that the deceased person

had died; and

(e) apart from this subsection, the relevant amount would have

been payable as a benefit to the deceased person if the

deceased person had not died.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 69

(2) If a payment is made under subsection (1), the relevant amount is

taken to have been paid to the deceased person's estate.

Recovery

(3) The amount of a benefit under subsection (1):

(a) is a debt due to the Commonwealth by the legal personal

representative of the first person; and

(b) may be recovered by the Chief Executive Officer of

ComSuper, on behalf of the Commonwealth, in a court of

competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Appropriation

(4) Subsection 112(2) does not apply to a payment under

subsection (1) of this section if the payment relates to a pension or

other money payable under the superseded Act.

(5) For the purposes of section 134 of the superseded Act, if a payment

under subsection (1) of this section relates to a pension or other

money payable under the superseded Act, the payment is taken to

be an amount of pension or other money payable under the

superseded Act.

Benefit

(6) For the purposes of paragraph (1)(e), benefit includes pension or

other money payable under the superseded Act.

156D Reports about recoverable payments and recoverable death

payments

(1) During the applicable publication period for a reporting period, the

Chief Executive Officer of ComSuper must cause to be published,

in such manner as the Chief Executive Officer thinks fit, a report

that sets out:

(a)

both:

(i) the number of payments made under subsection

156B(1) during the reporting period; and

(ii) the total amount of those payments; and

Schedule 1 Amendments

70 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(b)

both:

(i) the number of payments made under subsection

156C(1) during the reporting period; and

(ii) the total amount of those payments.

(2) However, a report is not required if:

(a) the number mentioned in subparagraph (1)(a)(i) is zero; and

(b) the number mentioned in subparagraph (1)(b)(i) is zero.

Deferred reporting

(3) Paragraph (1)(a) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

ComSuper official was aware the payment was made under

subsection 156B(1).

(4) Paragraph (1)(b) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

ComSuper official was aware the payment was made under

subsection 156C(1).

(5) For the purposes of this section, if:

(a) a payment was made under subsection 156B(1) or 156C(1) in

a reporting period; and

(b)

either:

(i) because of subsection (3) of this section,

paragraph (1)(a) of this section did not require a report

to deal with the payment; or

(ii) because of subsection (4) of this section,

paragraph (1)(b) of this section did not require a report

to deal with the payment; and

aware that the payment was made under subsection 156B(1)

or 156C(1), as the case may be;

the payment is subject to a deferred reporting obligation in

relation to the later reporting period.

(6) If one or more payments made under subsection 156B(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Chief Executive Officer of

ComSuper must, during the applicable publication period for the

later reporting period:

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 71

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Chief Executive Officer thinks fit, the paragraph (a)

report.

(7) If one or more payments made under subsection 156C(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Chief Executive Officer of

ComSuper must, during the applicable publication period for the

later reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Chief Executive Officer thinks fit, the paragraph (a)

report.

Reporting period

(8) For the purposes of this section, a reporting period is:

(a) a financial year; or

(b) if a shorter recurring period is specified in a legislative

instrument made by the Finance Minister--that period.

Applicable publication period

(9) For the purposes of this section, the applicable publication period

for a reporting period is the period of:

(a) 4 months; or

Schedule 1 Amendments

72 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(b) if a lesser number of months is specified, in relation to the

reporting period, in a legislative instrument made by the

Finance Minister--that number of months;

beginning immediately after the end of the reporting period.

ComSuper official

(10) For the purposes of this section, ComSuper official means an

official (within the meaning of the Financial Management and

Accountability Act 1997) who is in ComSuper or is part of

ComSuper.

Finance Minister

(11) For the purposes of this section, Finance Minister means the

Minister who administers the Financial Management and

Accountability Act 1997.

Superannuation Act 1990

123 After section 39

Insert:

39A Recoverable payments

(1) If, apart from this subsection, the Commonwealth does not have

power under this Act to pay an amount (the relevant amount) to a

person (the recipient) purportedly as a benefit under the Rules,

then the Commonwealth may pay the relevant amount to the

recipient.

Recovery

(2) If a payment is made under subsection (1) to the recipient, the

relevant amount:

(a) is a debt due to the Commonwealth by the recipient; and

(b) may be recovered by the Chief Executive Officer of

ComSuper, on behalf of the Commonwealth, in a court of

competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 73

(3)

If:

(a) a payment is made under subsection (1) to the recipient; and

(b) the recipient is receiving, or is entitled to receive, a benefit

under the Rules;

then:

(d) such part of the relevant amount as the Chief Executive

Officer of ComSuper determines;

may, if the Chief Executive Officer of ComSuper so directs, be

recovered by deduction from that benefit.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Appropriation

(4) For the purposes of section 18, a payment under subsection (1) of

this section is taken to be a payment by the Commonwealth under

section 16 or 16A.

39B Recoverable death payments

(1) If, apart from this subsection, the Commonwealth does not have

power under this Act to pay an amount (the relevant amount) in

any of the following circumstances:

(a) the relevant amount is deposited to an account kept in the

name of a deceased person;

(b) the relevant amount is deposited to an account kept in the

names of a deceased person and another person;

deceased person;

the Commonwealth may pay the relevant amount in the

circumstances mentioned in paragraph (a), (b) or (c), so long as:

(d) on the last day on which changes could reasonably be made

to the payment of the relevant amount, the Chief Executive

Officer of ComSuper did not know that the deceased person

had died; and

(e) apart from this subsection, the relevant amount would have

been payable as a benefit to the deceased person if the

deceased person had not died.

Schedule 1 Amendments

74 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(2) If a payment is made under subsection (1), the relevant amount is

taken to have been paid to the deceased person's estate.

Recovery

(3) If a payment is made under subsection (1), the relevant amount:

(a) is a debt due to the Commonwealth by the legal personal

representative of the deceased person; and

(b) may be recovered by the Chief Executive Officer of

ComSuper, on behalf of the Commonwealth, in a court of

competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Appropriation

(4) For the purposes of section 18, a benefit under subsection (1) of

this section is taken to be a payment by the Commonwealth under

section 16 or 16A.

39C Reports about recoverable payments and recoverable death

payments

(1) During the applicable publication period for a reporting period, the

Chief Executive Officer of ComSuper must cause to be published,

in such manner as the Chief Executive Officer thinks fit, a report

that sets out:

(a)

both:

(i) the number of payments made under subsection 39A(1)

during the reporting period; and

(ii) the total amount of those payments; and

(b)

both:

(i) the number of payments made under subsection 39B(1)

during the reporting period; and

(ii) the total amount of those payments.

(2) However, a report is not required if:

(a) the number mentioned in subparagraph (1)(a)(i) is zero; and

(b) the number mentioned in subparagraph (1)(b)(i) is zero.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 75

Deferred reporting

(3) Paragraph (1)(a) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

ComSuper official was aware the payment was made under

subsection 39A(1).

(4) Paragraph (1)(b) of this section does not require a report to deal

with a payment unless, before the preparation of the report, a

ComSuper official was aware the payment was made under

subsection 39B(1).

(5) For the purposes of this section, if:

(a) a payment was made under subsection 39A(1) or 39B(1) in a

reporting period; and

(b)

either:

(i) because of subsection (3) of this section,

paragraph (1)(a) of this section did not require a report

to deal with the payment; or

(ii) because of subsection (4) of this section,

paragraph (1)(b) of this section did not require a report

to deal with the payment; and

aware that the payment was made under subsection 39A(1) or

39B(1), as the case may be;

the payment is subject to a deferred reporting obligation in

relation to the later reporting period.

(6) If one or more payments made under subsection 39A(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Chief Executive Officer of

ComSuper must, during the applicable publication period for the

later reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

Schedule 1 Amendments

76 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

the Chief Executive Officer thinks fit, the paragraph (a)

report.

(7) If one or more payments made under subsection 39B(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Chief Executive Officer of

ComSuper must, during the applicable publication period for the

later reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Chief Executive Officer thinks fit, the paragraph (a)

report.

Reporting period

(8) For the purposes of this section, a reporting period is:

(a) a financial year; or

(b) if a shorter recurring period is specified in a legislative

instrument made by the Finance Minister--that period.

Applicable publication period

(9) For the purposes of this section, the applicable publication period

for a reporting period is the period of:

(a) 4 months; or

(b) if a lesser number of months is specified, in relation to the

reporting period, in a legislative instrument made by the

Finance Minister--that number of months;

beginning immediately after the end of the reporting period.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 77

ComSuper official

(10) For the purposes of this section, ComSuper official means an

official (within the meaning of the Financial Management and

Accountability Act 1997) who is in ComSuper or is part of

ComSuper.

Finance Minister

(11) For the purposes of this section, Finance Minister means the

Minister who administers the Financial Management and

Accountability Act 1997.

Taxation Administration Act 1953

124 After section 15A

Insert:

15B Recoverable advances

(1) The Commissioner may make an advance to a person (the

recipient) on account of an amount to which the recipient may

become entitled under a taxation law.

(2) The Commissioner must not make an advance under subsection (1)

unless:

(a) if the advance is made in conjunction with other advances

under that subsection--the Commissioner is satisfied that the

total of the costs that would be likely to be incurred by:

(i) the Commonwealth; and

(ii) the recipients; and

(iii) persons other than the Commonwealth or the recipients;

if the advance and the other advances were not made is likely

to exceed the total of the advance and the other advances; or

(b) otherwise--the Commissioner is satisfied that the total of the

costs that would be likely to be incurred by:

(i) the Commonwealth; and

(ii) the recipient; and

(iii) persons other than the Commonwealth or the recipient;

if the advance were not made is likely to exceed the amount

of the advance.

Schedule 1 Amendments

78 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(3) An advance under subsection (1) may:

(a) be recovered under subsection (4); or

(b) be the subject of a determination under subsection (5).

(4) If an advance is made under subsection (1) to a person (the

recipient), the advance:

(a) is a debt due to the Commonwealth by the recipient; and

(b) is payable to the Commissioner; and

Commissioner, or by a Deputy Commissioner, suing in his or

her official name;

whether or not the recipient has become entitled to an amount

under a taxation law.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Advance may discharge Commonwealth liability

(5)

If:

(a) an advance is made to a person (the recipient) under

subsection (1); and

(b) the advance has not been fully recovered under

subsection (4); and

under a taxation law (the Commonwealth liability);

the Commissioner may, by written notice given to the recipient,

determine that the making of the advance is taken to have

discharged so much of the Commonwealth liability as equals the

whole, or a specified part, of the amount of the advance.

(6) A part of an advance must not be specified in a determination

under subsection (5) if it has already been specified in a previous

determination under subsection (5).

(7) If the whole, or a part, of an advance is the subject of a

determination under subsection (5), the whole, or the part, as the

case may be, of the advance is not recoverable under

subsection (4).

(8) Subsection (5) does not limit Part IIB.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 79

(9) For the purposes of section 47 of the Financial Management and

Accountability Act 1997, a determination under subsection (5) of

this section is taken to be a method of debt recovery.

15C Recoverable payments

(1) If, apart from this subsection, the Commissioner does not have

power under a taxation law to pay an amount (the relevant

amount) to a person (the recipient) purportedly as an amount to

which the recipient is entitled to under a taxation law, then the

Commissioner may pay the relevant amount to the recipient.

Recovery

(2) If a payment is made under subsection (1) to the recipient, the

relevant amount:

(a) is a debt due to the Commonwealth by the recipient; and

(b) is payable to the Commissioner; and

Commissioner, or by a Deputy Commissioner, suing in his or

her official name.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

(3)

If:

(a) a payment is made under subsection (1) to the recipient; and

(b) an amount is payable to the recipient by the Commonwealth

under a taxation law (the Commonwealth liability);

then:

(d) such part of the relevant amount as the Commissioner

determines;

may, if the Commissioner so directs, be recovered by deduction

from the Commonwealth liability.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

(4) For the purposes of a designated recovery provision, in

determining whether an amount is payable, disregard

subsection (1) of this section.

Schedule 1 Amendments

80 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(5) If the relevant amount is recovered under a designated recovery

provision, the relevant amount cannot be recovered under

subsection (2) or (3) of this section.

(6) If the relevant amount is recovered under subsection (2) or (3) of

this section, the relevant amount cannot be recovered under a

designated recovery provision.

(7) Except as provided by subsection (6), subsection (3) does not limit

Part IIB.

Designated recovery provisions

(8) For the purposes of this section, each of the following provisions is

a designated recovery provision:

(a) section 8AAZN of this Act;

(b) section 70 of the Superannuation Guarantee (Administration)

Act 1992;

(d) section 24 of the Superannuation (Government

Co-contribution for Low Income Earners) Act 2003;

(e) a similar provision of a taxation law.

(9) For the purposes of a designated recovery provision, in

determining:

(a) whether a person is entitled to an amount; or

(b) whether an amount is payable;

disregard subsection (1).

15D Reports about recoverable advances and recoverable payments

(1) During the applicable publication period for a reporting period, the

Commissioner must publish, in such manner as the Commissioner

thinks fit, a report that sets out:

(a)

both:

(i) the number of advances made under subsection 15B(1)

during the reporting period; and

(ii) the total amount of those advances; and

(b)

both:

(i) the number of payments made under subsection 15C(1)

during the reporting period; and

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 81

(ii) the total amount of those payments.

(2) However, a report is not required if:

(a) the number mentioned in subparagraph (1)(a)(i) is zero; and

(b) the number mentioned in subparagraph (1)(b)(i) is zero.

Deferred reporting

(3) Paragraph (1)(b) of this section does not require a report to deal

with a payment unless, before the preparation of the report, an

Australian Taxation Office official was aware the payment was

made under subsection 15C(1).

(4) For the purposes of this section, if:

(a) a payment was made under subsection 15C(1) in a reporting

period; and

(b) because of subsection (3) of this section, paragraph (1)(b) of

this section did not require a report to deal with the payment;

and

official becomes aware that the payment was made under

subsection 15C(1);

the payment is subject to a deferred reporting obligation in

relation to the later reporting period.

(5) If one or more payments made under subsection 15C(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Commissioner must, during

the applicable publication period for the later reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

the Commissioner thinks fit, the paragraph (a) report.

Schedule 1 Amendments

82 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Reporting period

(6) For the purposes of this section, a reporting period is:

(a) a financial year; or

(b) if a shorter recurring period is specified in a legislative

instrument made by the Minister--that period.

Applicable publication period

(7) For the purposes of this section, the applicable publication period

for a reporting period is the period of:

(a) 4 months; or

(b) if a lesser number of months is specified, in relation to the

reporting period, in a legislative instrument made by the

Minister--that number of months;

beginning immediately after the end of the reporting period.

Australian Taxation Office official

(8) For the purposes of this section, Australian Taxation Office

official means an official (within the meaning of the Financial

Management and Accountability Act 1997) who is in the Australian

Taxation Office or is part of the Australian Taxation Office.

Wool Services Privatisation Act 2000

125 Paragraph 31(2)(b)

Repeal the paragraph, substitute:

(b) category B payments are spent by the research body on:

(i) research and development activities for the benefit of

Australian woolgrowers and the Australian community

generally; and

(ii) making payments to the Commonwealth under

subsection (7).

126 Subsection 31(7)

Repeal the subsection, substitute:

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 83

Retention limit for category B payments

(7) The category B payments made to the research body during a

particular financial year are subject to the condition that, if:

(a) before the end of 31 October next following the financial

year, the Minister determines the amount of the gross value

of eligible wool produced in Australia in the financial year;

and

(b) as at the end of 31 October next following the financial year,

the sum of the category B payments that were paid to the

research body during the financial year exceeds the lesser of:

(i) 0.5% of the amount of the gross value of eligible wool

produced in Australia in the financial year as

determined by the Minister; and

(ii) 50% of the amount spent by the research body in the

financial year on activities that qualify, under the

contract, as research and development activities;

the research body will pay to the Commonwealth an amount equal

to the excess.

Note:

This ensures that the sum of the category B payments that are retained

by the research body in relation to the financial year does not exceed

the lesser of the amounts calculated under subparagraphs (b)(i) and

(b)(ii).

(7A)

If:

(a) before the end of 31 October next following a financial year,

the Minister has not determined under subsection (7) the

amount of the gross value of eligible wool produced in

Australia in the financial year; and

(b) the Minister has determined under subsection (7) the amount

of the gross value of eligible wool produced in Australia in

the previous financial year;

the Minister is taken to have made, immediately before the end of

that 31 October, a determination under subsection (7) that the

amount of the gross value of eligible wool produced in Australia in

the financial year is equal to the amount of the gross value of

eligible wool produced in Australia determined under

subsection (7) for the previous financial year.

(7B) An amount payable under subsection (7) by the research body:

(a) is a debt due to the Commonwealth; and

Schedule 1 Amendments

84 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(b) may be recovered by the Minister, on behalf of the

Commonwealth, by action in a court of competent

jurisdiction.

(7C) A determination made under subsection (7) is not a legislative

instrument.

127 Subsection 31(8A) (note)

Omit "paragraph (7)(a)", substitute "the condition in

subparagraph (7)(b)(i)".

128 Paragraph 31(8B)(b)

Omit "paragraph (7)(a)", substitute "subparagraph (7)(b)(i)".

129 Paragraph 31(8B)(b)

Omit "category B payments", substitute "net category B payments".

130 Subsection 31(8B) (formula)

Repeal the formula, substitute:

The amount of the

R&D spend amount

net category B payments

in the financial year

for the financial year

�

131 After subsection 31(8B)

Insert:

Set off

(8C)

If:

(a) an amount (the first amount) is payable by the research body

under subsection (7); and

(b) another amount (the second amount) is payable by the

Commonwealth to the research body under the funding

contract;

the Minister may, on behalf of the Commonwealth, set off the

whole or a part of the first amount against the whole or a part of

the second amount.

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 85

Net category B payments

(8D) For the purposes of this section, net category B payments for a

financial year means the total of the category B payments made to

the research body during the financial year, less the amount

payable by the research body under subsection (7) as a condition of

those category B payments.

132 Application--section 31 of the Wool Services

Privatisation Act 2000

(1)

Despite the amendments of the Wool Services Privatisation Act 2000 by

this Schedule, section 31 of that Act continues to apply, after the

commencement of this item, in relation to category B payments made to

the research body during:

(a) the financial year in which this item commences; or

(b) an earlier financial year;

as if those amendments had not been made.

(2)

Subsection 31(7) of the Wool Services Privatisation Act 2000 as

amended by this Schedule applies in relation to amounts paid to the

research body during:

(a) the financial year next following the financial year in which

this item commences; or

(b) a later financial year.

133 Transitional--determinations made under section 31 of

the Wool Services Privatisation Act 2000

Subsection 31(7A) of the Wool Services Privatisation Act 2000 as

amended by this Schedule has effect as if a determination under

repealed subsection 31(7) of the Wool Services Privatisation Act 2000

had been made under subsection 31(7) of that Act as amended by this

Schedule.

Schedule 2 Validation of certain benefits under the Defence Force Retirement and

Death Benefits Act 1973

86 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Schedule 2--Validation of certain benefits

under the Defence Force Retirement

and Death Benefits Act 1973

1 Definitions

In this Schedule:

contributing member has the same meaning as in the Defence Force

Retirement and Death Benefits Act 1973.

CSC has the same meaning as in the Defence Force Retirement and

Death Benefits Act 1973.

MSB scheme has the same meaning as in the Defence Force Retirement

and Death Benefits Act 1973.

2 Validation of certain pensions--members of DFRDB

scheme

Scope

(1)

This item applies if:

(a) during the period:

(i) beginning on 1 October 1991; and

(ii) ending immediately before the commencement of this

item;

a pension commenced to be paid to a person; and

(b) throughout a period (the interim period) ending at or before

the commencement of this item, the following conditions

were satisfied:

(i) the pension purported to be a benefit payable to the

person under the Defence Force Retirement and Death

Benefits Act 1973;

(ii) the whole or a part of the pension (which whole or part

is in this item called the relevant portion) was not

payable; and

(i) the person purported to make an election, in accordance

with subsection 61B(1) of the Defence Force

Retirement and Death Benefits Act 1973, to become a

contributing member; or

Validation of certain benefits under the Defence Force Retirement and Death Benefits

Act 1973 Schedule 2

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 87

(ii) the person purported to make an election, in accordance

with subsection 61B(3) of the Defence Force

Retirement and Death Benefits Act 1973, not to become

a member of the MSB scheme; and

(d) the election was invalid; and

(e) the relevant portion would have been payable if:

(i) if subparagraph (c)(i) of this item applies--the election

had been made in accordance with subsection 61B(1) of

the Defence Force Retirement and Death Benefits Act

1973; or

(ii) if subparagraph (c)(ii) of this item applies--the election

had been made in accordance with subsection 61B(3) of

the Defence Force Retirement and Death Benefits Act

1973; and

(f) the relevant portion was not recovered in whole or in part,

before the commencement of this item, under subsection

126(4) or (5) of the Defence Force Retirement and Death

Benefits Act 1973.

Recovery of overpayment

(2)

The total amount of the relevant portion paid to the person during the

interim period:

(a) is a debt due to the Commonwealth; and

(b) may be recovered by CSC, on behalf of the Commonwealth,

in a court of competent jurisdiction.

(3)

An amount recoverable under subitem (2) is not recoverable under

subsection 126(4) or (5) of the Defence Force Retirement and Death

Benefits Act 1973.

Substitute payment

(4)

There is payable to the person a benefit equal to the total amount of the

relevant portion that would have been payable to the person during the

interim period if:

(a) if subparagraph (1)(c)(i) of this item applies--the election

had been made in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973; or

(b) if subparagraph (1)(c)(ii) of this item applies--the election

had been made in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973.

Schedule 2 Validation of certain benefits under the Defence Force Retirement and

Death Benefits Act 1973

88 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Set-off

(5)

The amount payable by the person under subitem (2) may be set off

against the amount payable to the person under subitem (4).

Deemed election under section 61B of the Defence Force

Retirement and Death Benefits Act 1973 etc.

(6) The

Defence Force Retirement and Death Benefits Act 1973 and the

Military Superannuation and Benefits Act 1991 have, and are taken to

have had, effect as if:

(a) if subparagraph (1)(c)(i) of this item applies--the election

had been made in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973; or

(b) if subparagraph (1)(c)(ii) of this item applies--the election

had been made in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973.

(7)

However, the person is not entitled during:

(a) the interim period; or

(b) if the interim period ends before the commencement of this

item--the period:

(i) beginning at the end of the interim period; and

(ii) ending at the commencement of this item;

to so much of a pension under the Defence Force Retirement and Death

Benefits Act 1973 as corresponds to the relevant portion.

Substitute payment taken to be a benefit under the Defence

Force Retirement and Death Benefits Act 1973 etc.

(8)

The payment under subitem (4):

(a) is taken (except for the purposes of subitem (7)) to be a

benefit payable under the Defence Force Retirement and

Death Benefits Act 1973; and

(b) is taken, for the purposes of subsection 125(3) of the Defence

Force Retirement and Death Benefits Act 1973, to be a

payment made by the Commonwealth under that Act.

3 Validation of certain lump sums--members of DFRDB

scheme

Validation of certain benefits under the Defence Force Retirement and Death Benefits

Act 1973 Schedule 2

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 89

Scope

(1)

This item applies if:

(a) during the period:

(i) beginning on 1 October 1991; and

(ii) ending immediately before the commencement of this

item;

a lump sum was paid to a person; and

(b) the lump sum purported to be a benefit payable to the person

under the Defence Force Retirement and Death Benefits Act

1973; and

in this item called the relevant portion) was not payable; and

(d) at a particular time before 1 July 2008:

(i) the person purported to make an election, in accordance

with subsection 61B(1) of the Defence Force

Retirement and Death Benefits Act 1973, to become a

contributing member; or

(ii) the person purported to make an election, in accordance

with subsection 61B(3) of the Defence Force

Retirement and Death Benefits Act 1973, not to become

a member of the MSB scheme; and

(e) the election was invalid; and

(f) the relevant portion would have been payable if:

(i) if subparagraph (d)(i) of this item applies--the election

had been made in accordance with subsection 61B(1) of

the Defence Force Retirement and Death Benefits Act

1973; or

(ii) if subparagraph (d)(ii) of this item applies--the election

had been made in accordance with subsection 61B(3) of

the Defence Force Retirement and Death Benefits Act

1973; and

(g) the relevant portion was not recovered in whole or in part,

before the commencement of this item, under subsection

126(4) or (5) of the Defence Force Retirement and Death

Benefits Act 1973.

Recovery of overpayment

(2)

The amount of the relevant portion:

Schedule 2 Validation of certain benefits under the Defence Force Retirement and

Death Benefits Act 1973

90 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(a) is a debt due to the Commonwealth; and

(b) may be recovered by CSC, on behalf of the Commonwealth,

in a court of competent jurisdiction.

(3)

An amount recoverable under subitem (2) is not recoverable under

subsection 126(4) or (5) of the Defence Force Retirement and Death

Benefits Act 1973.

Substitute payment

(4)

There is payable to the person a benefit equal to the relevant portion

that would have been payable to the person if:

(a) if subparagraph (1)(d)(i) of this item applies--the election

had been made in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973; or

(b) if subparagraph (1)(d)(ii) of this item applies--the election

had been made in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973.

Set-off

(5)

The amount payable by the person under subitem (2) may be set off

against the amount payable to the person under subitem (4).

Deemed election under section 61B of the Defence Force

Retirement and Death Benefits Act 1973 etc.

(6) The

Defence Force Retirement and Death Benefits Act 1973 and the

Military Superannuation and Benefits Act 1991 have, and are taken to

have had, effect as if:

(a) if subparagraph (1)(d)(i) of this item applies--the election

had been made in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973; or

(b) if subparagraph (1)(d)(ii) of this item applies--the election

had been made in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973.

(7)

However, the person is not entitled to so much of a lump sum under the

Defence Force Retirement and Death Benefits Act 1973 as corresponds

to the relevant portion.

Validation of certain benefits under the Defence Force Retirement and Death Benefits

Act 1973 Schedule 2

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 91

Substitute payment taken to be a benefit under the Defence

Force Retirement and Death Benefits Act 1973 etc.

(8)

The payment under subitem (4):

(a) is taken (except for the purposes of subitem (7)) to be a

benefit payable under the Defence Force Retirement and

Death Benefits Act 1973; and

(b) is taken, for the purposes of subsection 125(3) of the Defence

Force Retirement and Death Benefits Act 1973, to be a

payment made by the Commonwealth under that Act.

4 Validation of certain pensions--associates of members of

DFRDB scheme

Scope

(1)

This item applies if:

(a) during the period:

(i) beginning on 1 October 1991; and

(ii) ending immediately before the commencement of this

item;

a pension commenced to be paid to a person (the first

person); and

(b) throughout a period (the interim period) ending at or before

the commencement of this item, the following conditions

were satisfied:

(i) the pension purported to be a benefit payable to the first

person under the Defence Force Retirement and Death

Benefits Act 1973;

(ii) the whole or a part of the pension (which whole or part

is in this item called the relevant portion) was not

payable; and

(i) another person (the second person) purported to make

an election, in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973,

to become a contributing member; or

(ii) another person (the second person) purported to make

an election, in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973,

not to become a member of the MSB scheme; and

Schedule 2 Validation of certain benefits under the Defence Force Retirement and

Death Benefits Act 1973

92 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

(d) the election was invalid; and

(e) the relevant portion would have been payable if:

(i) if subparagraph (c)(i) applies--the election had been

made in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973;

(ii) if subparagraph (c)(ii) applies--the election had been

made in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973;

and

(f) the relevant portion was not recovered in whole or in part,

before the commencement of this item, under subsection

126(4) or (5) of the Defence Force Retirement and Death

Benefits Act 1973.

Recovery of overpayment

(2)

The total amount of the relevant portion paid to the first person during

the interim period:

(a) is a debt due to the Commonwealth; and

(b) may be recovered by CSC, on behalf of the Commonwealth,

in a court of competent jurisdiction.

(3)

An amount recoverable under subitem (2) is not recoverable under

subsection 126(4) or (5) of the Defence Force Retirement and Death

Benefits Act 1973.

Substitute payment

(4)

There is payable to the first person a benefit equal to the total amount of

the relevant portion that would have been payable to the first person

during the interim period if:

(a) if subparagraph (1)(c)(i) of this item applies--the election

had been made in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973; or

(b) if subparagraph (1)(c)(ii) of this item applies--the election

had been made in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973.

Validation of certain benefits under the Defence Force Retirement and Death Benefits

Act 1973 Schedule 2

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 93

Set-off

(5)

The amount payable by the first person under subitem (2) may be set off

against the amount payable to the first person under subitem (4).

Deemed election under section 61B of the Defence Force

Retirement and Death Benefits Act 1973 etc.

(6) The

Defence Force Retirement and Death Benefits Act 1973 and the

Military Superannuation and Benefits Act 1991 have, and are taken to

have had, effect as if:

(a) if subparagraph (1)(c)(i) of this item applies--the election

had been made in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973; or

(b) if subparagraph (1)(c)(ii) of this item applies--the election

had been made in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973.

(7)

However, the first person is not entitled during:

(a) the interim period; or

(b) if the interim period ends before the commencement of this

item--the period:

(i) beginning at the end of the interim period; and

(ii) ending at the commencement of this item;

to so much of a pension under the Defence Force Retirement and Death

Benefits Act 1973 as corresponds to the relevant portion.

Substitute payment taken to be a benefit under the Defence

Force Retirement and Death Benefits Act 1973 etc.

(8)

The payment under subitem (4):

(a) is taken (except for the purposes of subitem (7)) to be a

benefit payable under the Defence Force Retirement and

Death Benefits Act 1973; and

(b) is taken, for the purposes of subsection 125(3) of the Defence

Force Retirement and Death Benefits Act 1973, to be a

payment made by the Commonwealth under that Act.

5 Validation of certain lump sums--associates of members of

DFRDB scheme

Schedule 2 Validation of certain benefits under the Defence Force Retirement and

Death Benefits Act 1973

94 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Scope

(1)

This item applies if:

(a) during the period:

(i) beginning on 1 October 1991; and

(ii) ending immediately before the commencement of this

item;

a lump sum was paid to a person (the first person); and

(b) the lump sum purported to be a benefit payable to the first

person under the Defence Force Retirement and Death

Benefits Act 1973; and

in this item called the relevant portion) was not payable; and

(d) at a particular time before 1 July 2008:

(i) another person (the second person) purported to make

an election, in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973,

to become a contributing member; or

(ii) another person (the second person) purported to make

an election, in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973,

not to become a member of the MSB scheme; and

(e) the election was invalid; and

(f) the relevant portion would have been payable if:

(i) if subparagraph (d)(i) applies--the election had been

made in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973;

(ii) if subparagraph (d)(ii) applies--the election had been

made in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973;

and

(g) the relevant portion was not recovered in whole or in part,

before the commencement of this item, under subsection

126(4) or (5) of the Defence Force Retirement and Death

Benefits Act 1973.

Recovery of overpayment

(2)

The amount of the relevant portion:

Validation of certain benefits under the Defence Force Retirement and Death Benefits

Act 1973 Schedule 2

Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012 95

(a) is a debt due to the Commonwealth; and

(b) may be recovered by CSC, on behalf of the Commonwealth,

in a court of competent jurisdiction.

(3)

An amount recoverable under subitem (2) is not recoverable under

subsection 126(4) or (5) of the Defence Force Retirement and Death

Benefits Act 1973.

Substitute payment

(4)

There is payable to the first person a benefit equal to the relevant

portion that would have been payable to the first person if:

(a) if subparagraph (1)(d)(i) of this item applies--the election

had been made in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973; or

(b) if subparagraph (1)(d)(ii) of this item applies--the election

had been made in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973.

Set-off

(5)

The amount payable by the first person under subitem (2) may be set off

against the amount payable to the first person under subitem (4).

Deemed election under section 61B of the Defence Force

Retirement and Death Benefits Act 1973 etc.

(6) The

Defence Force Retirement and Death Benefits Act 1973 and the

Military Superannuation and Benefits Act 1991 have, and are taken to

have had, effect as if:

(a) if subparagraph (1)(d)(i) of this item applies--the election

had been made in accordance with subsection 61B(1) of the

Defence Force Retirement and Death Benefits Act 1973; or

(b) if subparagraph (1)(d)(ii) of this item applies--the election

had been made in accordance with subsection 61B(3) of the

Defence Force Retirement and Death Benefits Act 1973.

(7)

However, the first person is not entitled to so much of a lump sum

under the Defence Force Retirement and Death Benefits Act 1973 as

corresponds to the relevant portion.

Schedule 2 Validation of certain benefits under the Defence Force Retirement and

Death Benefits Act 1973

96 Financial Framework Legislation Amendment Bill (No. 2) 2012 No. , 2012

Substitute payment taken to be a benefit under the Defence

Force Retirement and Death Benefits Act 1973 etc.

(8)

The payment under subitem (4):

(a) is taken (except for the purposes of subitem (7)) to be a

benefit payable under the Defence Force Retirement and

Death Benefits Act 1973; and

(b) is taken, for the purposes of subsection 125(3) of the Defence

Force Retirement and Death Benefits Act 1973, to be a

payment made by the Commonwealth under that Act.

6 Compensation for acquisition of property

(1)

If the operation of this Schedule would result in an acquisition of

property from a person otherwise than on just terms, the

Commonwealth is liable to pay a reasonable amount of compensation to

the person.

(2)

If the Commonwealth and the person do not agree on the amount of the

compensation, the person may institute proceedings in a court of

competent jurisdiction for the recovery from the Commonwealth of

such reasonable amount of compensation as the court determines.

(3)

In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi)

of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

Commonwealth of Australia Bills

FINANCIAL FRAMEWORK LEGISLATION AMENDMENT BILL (NO. 2) 2012