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


FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (FURTHER 2008 BUDGET AND OTHER MEASURES) BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Families, Housing, Community Services
and Indigenous Affairs and Other
Legislation Amendment (Further 2008
Budget and Other Measures) Bill 2008
No. , 2008
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the law relating to
family assistance, child support and veterans'
affairs, and for related purposes
i Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 3
Schedule 1--Maternity immunisation allowance
4
A New Tax System (Family Assistance) Act 1999
4
A New Tax System (Family Assistance) (Administration) Act 1999
9
Schedule 2--Partner service pension
17
Part 1--Amendments commencing on Royal Assent
17
Veterans' Entitlements Act 1986
17
Part 2--Amendments commencing on 1 January 2009
18
Veterans' Entitlements Act 1986
18
Part 3--Amendments commencing on the same-sex start day
20
Veterans' Entitlements Act 1986
20
Schedule 3--Child support
21
Part 1--Percentage of care
21
Child Support (Assessment) Act 1989
21
Part 2--Publication of reasons for decisions of the Social
Security Appeals Tribunal
24
Child Support (Registration and Collection) Act 1988
24
Part 3--Departure from assessments
26
Child Support (Assessment) Act 1989
26
Part 4--Terminating events
29
Child Support (Assessment) Act 1989
29
Part 5--Reducing rate of child support under minimum annual
rate assessments
30
Child Support (Assessment) Act 1989
30
Part 6--Overseas liabilities
32
Child Support (Assessment) Act 1989
32
Child Support (Registration and Collection) Act 1988
35
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 ii
Part 7--Crediting prescribed payments
37
Child Support (Registration and Collection) Act 1988
37
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 1
A Bill for an Act to amend the law relating to
1
family assistance, child support and veterans'
2
affairs, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Families, Housing, Community
6
Services and Indigenous Affairs and Other Legislation Amendment
7
(Further 2008 Budget and Other Measures) Act 2008.
8
2 Commence ment
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1,
items 1 and 2
1 January 2009.
1 January 2009
3. Schedule 1,
item 3
Immediately after the commencement of
Part 1 of Schedule 2 to the Families,
Housing, Community Services and
Indigenous Affairs and Other Legislation
Amendment (2008 Budget and Other
Measures) Act 2008.
1 January 2009
4. Schedule 1,
items 4 to 14
1 January 2009.
1 January 2009
5. Schedule 2,
Part 1
The day on which this Act receives the
Royal Assent.
6. Schedule 2,
Part 2
1 January 2009.
1 January 2009
7. Schedule 2,
Part 3
Immediately after the commencement of
Schedule 15 to the Same-Sex Relationships
(Equal Treatment in Commonwealth Laws--
General Law Reform) Act 2008.
8. Schedule 3,
Part 1
The 28th day after the day on which this Act
receives the Royal Assent.
9. Schedule 3,
Part 2
The day after this Act receives the Royal
Assent.
10. Schedule 3,
Parts 3 to 5
The 28th day after the day on which this Act
receives the Royal Assent.
11. Schedule 3,
Part 6
The day after this Act receives the Royal
Assent.
12. Schedule 3,
Part 7
The 28th day after the day on which this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
passed by both Houses of the Parliament and assented to. It will not be
3
expanded to deal with provisions inserted in this Act after assent.
4
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 3
(2) Column 3 of the table contains additional information that is not
1
part of this Act. Information in this column may be added to or
2
edited in any published version of this Act.
3
3 Schedule(s)
4
Each Act that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
9
Schedule 1 Maternity immunisation allowance
4 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
1
Schedule 1
--
Maternity immunisation
2
allowance
3
4
A New Tax System (Family Assistance) Act 1999
5
1 Subsection 39(1)
6
Omit "3", substitute "7".
7
Note:
The heading to subsection 39(2) is replaced by the heading "Usual case".
8
2 After subsection 39(2)
9
Insert:
10
(2A) Second, an individual is eligible for maternity immunisation
11
allowance in respect of a child who is alive at the end of 4 years
12
after the date of the child's birth if:
13
(a) the Secretary is satisfied that the child meets the
14
immunisation requirements set out in section 6 on any day
15
before the child turns 5; and
16
(b) the child is an FTB child of the individual; and
17
(c) on the later of the following days:
18
(i) the day the child turned 4;
19
(ii) the earliest day to which paragraph (a) applies;
20
the individual either:
21
(iii) is eligible for family tax benefit in respect of the FTB
22
child; or
23
(iv) would be so eligible except that the individual's rate of
24
family tax benefit, worked out under Division 1 of
25
Part 4, is nil.
26
3 Subsection 39(3)
27
Omit "Second", substitute "Third".
28
4 Subsection 39(4)
29
Omit "Third", substitute "Fourth".
30
Note:
The heading to subsection 39(4) is altered by omitting "2" and substituting "5".
31
5 Subsection 39(4)
32
Maternity immunisation allowance Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 5
Omit "2", substitute "5".
1
6 At the end of section 39
2
Add:
3
Adoption of children born outside Australia
4
(5) Fifth, an individual is eligible for maternity immunisation
5
allowance in respect of a child if:
6
(a) the child is born outside Australia; and
7
(b) either:
8
(i) while the child is outside Australia, the child is adopted
9
under the law of any place (whether in Australia or not)
10
relating to the adoption of children (whether or not the
11
child is adopted by the individual); or
12
(ii) the child is in the process of being adopted under the
13
law of any place (whether in Australia or not) relating to
14
the adoption of children (whether or not the child is to
15
be adopted by the individual); and
16
(c) as part of the process for the adoption of the child, the child
17
is entrusted to the care of a person adopting the child by an
18
authorised party; and
19
(d) either:
20
(i) if subparagraph (b)(i) applies--the child arrives in
21
Australia from overseas after the adoption takes place
22
and the child so arrives on the day the child turns 3 or
23
an earlier day; or
24
(ii) if subparagraph (b)(ii) applies--the child arrives in
25
Australia from overseas as part of the process for the
26
adoption of the child and the child so arrives on the day
27
the child turns 3 or an earlier day; and
28
(e) the Secretary is satisfied that the child meets the
29
immunisation requirements set out in section 6 on or after the
30
day the child turns 18 months and before the day the child
31
turns 4; and
32
(f) on the earliest day to which paragraph (e) applies:
33
(i) the child is an FTB child of the individual; and
34
(ii) the individual is eligible for family tax benefit in respect
35
of the FTB child or would be so eligible except that the
36
Schedule 1 Maternity immunisation allowance
6 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
individual's rate of family tax benefit, worked out under
1
Division 1 of Part 4, is nil.
2
(6) Sixth, an individual is eligible for maternity immunisation
3
allowance in respect of a child if:
4
(a) the child is born outside Australia; and
5
(b) either:
6
(i) while the child is outside Australia, the child is adopted
7
under the law of any place (whether in Australia or not)
8
relating to the adoption of children (whether or not the
9
child is adopted by the individual); or
10
(ii) the child is in the process of being adopted under the
11
law of any place (whether in Australia or not) relating to
12
the adoption of children (whether or not the child is to
13
be adopted by the individual); and
14
(c) as part of the process for the adoption of the child, the child
15
is entrusted to the care of a person adopting the child by an
16
authorised party; and
17
(d) either:
18
(i) if subparagraph (b)(i) applies--the child arrives in
19
Australia from overseas after the adoption takes place
20
and the child so arrives on a day that is after the child
21
turns 3 and before the child turns 16; or
22
(ii) if subparagraph (b)(ii) applies--the child arrives in
23
Australia from overseas as part of the process for the
24
adoption of the child and the child so arrives on a day
25
that is after the child turns 3 and before the child turns
26
16; and
27
(e) either subsection (7) or (8) is satisfied.
28
(7) This subsection is satisfied if:
29
(a) the Secretary is satisfied that the child meets the
30
immunisation requirements set out in section 6 on any day
31
within the last 6 months of the period of 2 years beginning on
32
the day of the arrival mentioned in paragraph (6)(d); and
33
(b) on the earliest day to which paragraph (a) applies:
34
(i) the child is an FTB child of the individual; and
35
(ii) the individual is eligible for family tax benefit in respect
36
of the FTB child or would be so eligible except that the
37
Maternity immunisation allowance Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 7
individual's rate of family tax benefit, worked out under
1
Division 1 of Part 4, is nil.
2
(8) This subsection is satisfied if the child dies within the period of 2
3
years beginning on the day of the arrival mentioned in
4
paragraph (6)(d), and on the day of the child's death:
5
(a) the child is an FTB child of the individual; and
6
(b) the individual is eligible for family tax benefit in respect of
7
the FTB child or would be so eligible except that the
8
individual's rate of family tax benefit, worked out under
9
Division 1 of Part 4, is nil.
10
(9) Seventh, an individual is eligible for maternity immunisation
11
allowance in respect of a child if:
12
(a) the child is born outside Australia; and
13
(b) either:
14
(i) while the child is outside Australia, the child is adopted
15
under the law of any place (whether in Australia or not)
16
relating to the adoption of children (whether or not the
17
child is adopted by the individual); or
18
(ii) the child is in the process of being adopted under the
19
law of any place (whether in Australia or not) relating to
20
the adoption of children (whether or not the child is to
21
be adopted by the individual); and
22
(c) as part of the process for the adoption of the child and while
23
the child is outside Australia, the child is entrusted to the care
24
of a person adopting the child by an authorised party; and
25
(d) the child dies before turning 16; and
26
(e) the child has not arrived in Australia from overseas after the
27
child is entrusted to care as mentioned in paragraph (c); and
28
(f) on the day of the child's death:
29
(i) the child is an FTB child of the individual; and
30
(ii) the individual is eligible for family tax benefit in respect
31
of the FTB child or would be so eligible except that the
32
individual's rate of family tax benefit, worked out under
33
Division 1 of Part 4, is nil.
34
(10) For the purposes of paragraphs (7)(b), (8)(a) and (b) and (9)(f), the
35
following provisions are to be disregarded:
36
(a) paragraph (a) of item 1 of the table in subsection 22A(1);
37
(b) paragraphs (a) and (c) of item 2 of that table;
38
Schedule 1 Maternity immunisation allowance
8 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
(c) item 3 of that table.
1
Note:
Section 22A sets out exceptions to when an individual can be an FTB
2
child of another individual. This subsection removes some of those
3
exceptions.
4
7 Section 67
5
Omit "The", substitute "(1) Subject to this section, the".
6
8 At the end of section 67
7
Add:
8
Half-amount
9
(2) Subject to this section, the amount of maternity immunisation
10
allowance in respect of a child is half of the amount under
11
subsection (1) if:
12
(a) the Secretary determines that an individual is entitled to be
13
paid the allowance for the child based on eligibility for the
14
allowance under subsection 39(2), (2A) or (5) or section 40
15
(so far as it relates to that subsection); or
16
(b) both of the following apply:
17
(i) the Secretary determines that an individual is entitled to
18
be paid the allowance for the child based on eligibility
19
for the allowance under subsection 39(4) or section 40
20
(so far as it relates to that subsection);
21
(ii) before that determination, the Secretary had determined
22
that an amount of the allowance under this subsection
23
was to be paid in respect of the child based on eligibility
24
for the allowance under subsection 39(2) or (5) or
25
section 40 (so far as it relates to subsection 39(2) or (5)).
26
Exception
27
(3) Subsection (2) does not apply if:
28
(a) the Secretary determines that an individual is entitled to be
29
paid maternity immunisation allowance for a child based on
30
eligibility for the allowance under subsection 39(2A) or
31
section 40 (so far as it relates to that subsection); and
32
(b) before that determination:
33
(i) the Secretary had not determined that maternity
34
immunisation allowance, based on eligibility for the
35
Maternity immunisation allowance Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 9
allowance under subsection 39(2) or section 40 (so far
1
as it relates to that subsection), was to be paid in respect
2
of the child; and
3
(ii) the Secretary had not determined that maternity
4
immunisation allowance, based on eligibility for the
5
allowance under subsection 39(5) or section 40 (so far
6
as it relates to that subsection), was to be paid in respect
7
of the child.
8
Maximum amount of maternity immunisation allowance
9
(4) If:
10
(a) one amount of maternity immunisation allowance under
11
subsection (1) has been paid in respect of a child; or
12
(b) 2 amounts of maternity immunisation allowance under
13
subsection (2) have been paid in respect of a child;
14
no further amount of maternity immunisation allowance is to be
15
paid in respect of the child.
16
(5) If the Secretary determines that an individual is entitled to be paid
17
maternity immunisation allowance for a child based on eligibility
18
for the allowance:
19
(a) under either of subsections 39(2) and (5); or
20
(b) under section 40 (so far as it relates to either of those
21
subsections);
22
no amount of the allowance is to be paid for the child based on
23
eligibility for the allowance under the other of those subsections or
24
under section 40 (so far as it relates to the other of those
25
subsections).
26
9 Paragraph 68(a)
27
Omit "subsection 39(2) or (4)", substitute "subsection 39(2), (2A), (4),
28
(5), (6) or (9)".
29
A New Tax System (Family Assistance) (Administration) Act
30
1999
31
10 Subsection 39(4)
32
Repeal the subsection, substitute:
33
Schedule 1 Maternity immunisation allowance
10 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
"Normal circumstances" maternity immunisation allowance claim
1
(4) A claim for payment of maternity immunisation allowance in
2
normal circumstances is not effective if it is made after the time
3
specified in the following table:
4
5
Normal circumstances maternity immunisation allowance claim
Item
If the claim is based on eligibility
for the allowance under:
the claim is not effective if it is
made after:
1
Subsection 39(2) of the Family
Assistance Act
2 years after the birth of the child
2
Subsection 39(2A) of the Family
Assistance Act
5 years after the birth of the child
3
Subsection 39(3) of the Family
Assistance Act
5 years after the delivery of the child
4
Subsection 39(4) of the Family
Assistance Act
the later of:
(a) 2 years after the death of the
child; and
(b) 5 years after the birth of the child
5
Subsection 39(5) of the Family
Assistance Act
4 years after the birth of the child
6
Subsection 39(6) of the Family
Assistance Act
(a) if subsection 39(7) of that Act
applies--2 years beginning on the
day of the arrival mentioned in
paragraph 39(6)(d) o f that Act; or
(b) if subsection 39(8) of that Act
applies--2 years after the death
of the child
7
Subsection 39(9) of the Family
Assistance Act
the later of:
(a) 2 years after the death of the
child; and
(b) 5 years after the birth of the child
11 Subsections 41(5) and (6)
6
Repeal the subsections, substitute:
7
Deferral of "normal circumstances" maternity immunisation
8
allowance determination because of ineligibility
9
(5) If:
10
Maternity immunisation allowance Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 11
(a) the claim is one for payment of maternity immunisation
1
allowance in normal circumstances, based on eligibility for
2
the allowance under subsection 39(2), (2A) or (5) of the
3
Family Assistance Act, or subsection 39(6) of that Act
4
(where subsection 39(7) of that Act applies), in respect of a
5
child; and
6
(b) at the time the determination would otherwise be made on the
7
claim:
8
(i) the claimant is not eligible for maternity immunisation
9
allowance under subsection 39(2), (2A), (5) or (6) of
10
that Act in respect of the child; and
11
(ii) the child is an FTB child of the claimant; and
12
(iii) the claimant is eligible for family tax benefit in respect
13
of the child or would be so eligible except that the
14
claimant's rate of family tax benefit, worked out under
15
Division 1 of Part 4 of the Family Assistance Act, is nil;
16
the Secretary must not determine the claim until after the time
17
mentioned in subsection (6).
18
(6) The time for the purposes of subsection (5) is:
19
(a) if the claim is based on eligibility for the allowance under
20
subsection 39(2) of the Family Assistance Act:
21
(i) if the claimant becomes eligible for maternity
22
immunisation allowance under subsection 39(2) of that
23
Act in respect of the child before the end of 2 years after
24
the child was born--the time when the claimant
25
becomes so eligible; or
26
(ii) in any other case--2 years after the child was born; or
27
(b) if the claim is based on eligibility for the allowance under
28
subsection 39(2A) of the Family Assistance Act:
29
(i) if the claimant becomes eligible for maternity
30
immunisation allowance under subsection 39(2A) of
31
that Act in respect of the child before the end of 5 years
32
after the child was born--the time when the claimant
33
becomes so eligible; or
34
(ii) in any other case--5 years after the child was born; or
35
(c) if the claim is based on eligibility for the allowance under
36
subsection 39(5) of the Family Assistance Act:
37
(i) if the claimant becomes eligible for maternity
38
immunisation allowance under subsection 39(5) of that
39
Schedule 1 Maternity immunisation allowance
12 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
Act in respect of the child before the end of 4 years after
1
the child was born--the time when the claimant
2
becomes so eligible; or
3
(ii) in any other case--4 years after the child was born; or
4
(d) if the claim is based on eligibility for the allowance under
5
subsection 39(6) of the Family Assistance Act (where
6
subsection 39(7) of that Act applies):
7
(i) if the claimant becomes eligible for maternity
8
immunisation allowance under subsection 39(6) of that
9
Act (where subsection 39(7) of that Act applies) in
10
respect of the child before the end of 2 years beginning
11
on the day of the arrival mentioned in paragraph
12
39(6)(d) of that Act--the time when the claimant
13
becomes so eligible; or
14
(ii) in any other case--2 years beginning on the day of the
15
arrival mentioned in paragraph 39(6)(d) of that Act.
16
(7) If the claim is one for payment of maternity immunisation
17
allowance in normal circumstances, based on eligibility for the
18
allowance under subsection 39(6) of the Family Assistance Act
19
(where subsection 39(7) of that Act applies), then, for the purposes
20
of subparagraphs (5)(b)(ii) and (iii) of this section, the following
21
provisions are to be disregarded:
22
(a) paragraph (a) of item 1 of the table in subsection 22A(1) of
23
the Family Assistance Act;
24
(b) paragraphs (a) and (c) of item 2 of that table;
25
(c) item 3 of that table.
26
Note:
Section 22A of the Family Assistance Act sets out exceptions to when
27
an individual can be an FTB child of another individual. This
28
subsection removes some of those exceptions.
29
12 Application and transitional
--
eligibility for maternity
30
immunisation allowance
31
Usual case
32
(1)
Subsection 39(2A) of the A New Tax System (Family Assistance) Act
33
1999 applies in relation to:
34
(a) children born on or after the commencement of this item; and
35
(b) children born before the commencement of this item, other
36
than children in respect of whom the Secretary had
37
Maternity immunisation allowance Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 13
determined, before that commencement, maternity
1
immunisation allowance was to be paid, based on eligibility
2
for the allowance under subsection 39(2) of that Act or
3
section 40 of that Act (so far as it relates to that subsection).
4
Child dies within 5 years of birth
5
(2)
The amendment made by item 5 applies in relation to deaths occurring
6
on or after the commencement of that item.
7
Adoption of children born outside Australia
8
(3)
Subsections 39(5) and (6) of the A New Tax System (Family Assistance)
9
Act 1999 apply in relation to:
10
(a) processes for adoptions beginning before, on or after the
11
commencement of this item; and
12
(b) arrivals in Australia occurring on or after 1 July 2006.
13
(4)
Paragraph 39(5)(e) of the A New Tax System (Family Assistance) Act
14
1999 applies in relation to a child arriving in Australia on or after 1 July
15
2006 and before 1 January 2009 as if the reference in that paragraph to
16
"the day the child turns 4" were a reference to "1 January 2011".
17
(5)
Subsection 39(6) of the A New Tax System (Family Assistance) Act
18
1999, insofar as it relates to subsection 39(8) of that Act, applies as if a
19
reference in subparagraphs 39(6)(d)(i) and (ii) of that Act to "the child
20
so arrives on a day that is after the child turns 3 and before the child
21
turns 16" included a reference to "the child so arrives on or after 1 July
22
2006 and before 1 January 2009 and so arrives on the day the child
23
turns 3 or an earlier day".
24
(6)
Paragraph 39(7)(a) of the A New Tax System (Family Assistance) Act
25
1999 applies in relation to a child arriving in Australia on or after 1 July
26
2006 and before 1 January 2009 as if the reference in that paragraph to
27
"within the last 6 months of the period of 2 years beginning on the day
28
of the arrival mentioned in paragraph (6)(d)" were a reference to "that is
29
at least 18 months after the day of the arrival mentioned in
30
paragraph (6)(d) and is before 1 January 2011".
31
(7)
Subsection 39(8) of the A New Tax System (Family Assistance) Act
32
1999 applies in relation to a child arriving in Australia on or after 1 July
33
2006 and before 1 January 2009 as if the reference in that subsection to
34
"within the period of 2 years beginning on the day of the arrival
35
Schedule 1 Maternity immunisation allowance
14 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
mentioned in paragraph (6)(d)" were a reference to "before 1 January
1
2011".
2
(8)
Subsection 39(9) of the A New Tax System (Family Assistance) Act
3
1999 applies in relation to:
4
(a) processes for adoptions beginning before, on or after the
5
commencement of this item; and
6
(b) deaths occurring on or after 1 July 2006.
7
13 Application and transitional
--
amount of maternity
8
immunisation allowance
9
(1)
Paragraph 67(2)(a) of the A New Tax System (Family Assistance) Act
10
1999, to the extent it relates to subsection 39(2) of that Act or section 40
11
of that Act (so far as it relates to subsection 39(2) of that Act) applies in
12
relation to:
13
(a) claims for payment of maternity immunisation allowance
14
made on or after the commencement of this item; and
15
(b) claims for payment of maternity immunisation allowance
16
made before that commencement that had not been
17
determined by the Secretary before that commencement.
18
(2)
If:
19
(a) the Secretary determines that an individual is entitled to be
20
paid maternity immunisation allowance for a child based on
21
eligibility for the allowance under subsection 39(5) of the A
22
New Tax System (Family Assistance) Act 1999 or section 40
23
of that Act (so far as it relates to that subsection); and
24
(b) the day of the arrival mentioned in paragraph 39(5)(d) of that
25
Act was before 1 January 2009;
26
then:
27
(c) the amount of the allowance in respect of the child is the
28
amount under subsection 67(1) of that Act; and
29
(d) paragraph 67(4)(a) of that Act is taken to be satisfied in
30
relation to that amount.
31
(3)
If, before the commencement of this item, the Secretary determined that
32
an amount of maternity immunisation allowance under section 67 of the
33
A New Tax System (Family Assistance) Act 1999 was to be paid in
34
respect of a child, no further amount of maternity immunisation
35
allowance is to be paid in respect of the child after that commencement.
36
Maternity immunisation allowance Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 15
14 Application and transitional
--
claims for maternity
1
immunisation allowance
2
(1)
If:
3
(a) an individual made a claim for maternity immunisation
4
allowance before the commencement of this item based on
5
eligibility for the allowance under subsection 39(2) of the A
6
New Tax System (Family Assistance) Act 1999; and
7
(b) the claim had not been determined by the Secretary before
8
that commencement;
9
the individual is also taken to have made a claim for maternity
10
immunisation allowance, based on eligibility for the allowance under
11
subsection 39(2A) of the A New Tax System (Family Assistance) Act
12
1999, on 1 January 2009.
13
(2)
If:
14
(a) an individual:
15
(i) is eligible for maternity immunisation allowance under
16
subsection 39(5) or (6) of the A New Tax System
17
(Family Assistance) Act 1999 in respect of an arrival in
18
Australia that occurred before 1 January 2009; or
19
(ii) is eligible for maternity immunisation allowance under
20
subsection 39(9) of the A New Tax System (Family
21
Assistance) Act 1999 in respect of a death that occurred
22
before 1 January 2009; and
23
(b) the individual makes a claim for the allowance before
24
1 January 2011; and
25
(c) apart from this subitem, subsection 39(4) of the A New Tax
26
System (Family Assistance) (Administration) Act 1999 would
27
apply to make the claim not effective;
28
then subsection 39(4) of the A New Tax System (Family Assistance)
29
(Administration) Act 1999 does not apply in relation to the claim.
30
(3)
The amendment made by item 10 applies in relation to claims for
31
payment of maternity immunisation allowance made on or after the
32
commencement of that item.
33
(4)
The amendment made by item 11 applies in relation to:
34
(a) claims for payment of maternity immunisation allowance
35
made on or after the commencement of that item; and
36
Schedule 1 Maternity immunisation allowance
16 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
(b) claims for payment of maternity immunisation allowance
1
made before that commencement that had not been
2
determined by the Secretary before that commencement.
3
4
Partner service pension Schedule 2
Amend ments commencing on Royal Assent Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 17
1
Schedule 2
--
Partner service pension
2
Part 1
--
Amendments commencing on Royal Assent
3
Veterans' Entitlements Act 1986
4
1 Paragraphs 38(1B)(a) and (b)
5
Repeal the paragraphs, substitute:
6
(a) has a dependent child when he or she makes a claim for the
7
pension; or
8
(b) if subsection (1BA) applies in relation to the person--has
9
reached 50 years of age; or
10
(c) has reached qualifying age.
11
2 After subsection 38(1B)
12
Insert:
13
(1BA) This subsection applies in relation to a person if:
14
(a) paragraph (1)(a) or (f) applies in relation to the person; and
15
(b) one of the following applies:
16
(i) the veteran concerned is a veteran to whom subsection
17
22(4) or section 23 or 25 applies;
18
(ii) the veteran concerned is a veteran to whom section 22
19
applies who is in receipt of a pension the rate of which
20
has been increased because the pension is in respect of
21
an incapacity described in item 1, 2, 3, 4, 5 or 6 of the
22
table in subsection 27(1);
23
(iii) the veteran concerned suffers an impairment (within the
24
meaning of the MRCA) and the Military Rehabilitation
25
and Compensation Commission has determined under
26
Part 2 of Chapter 4 of the MRCA that the impairment
27
constitutes at least 80 impairment points (within the
28
meaning of the MRCA).
29
3 Application
30
The amendments made by items 1 and 2 apply in relation to claims for
31
partner service pension made on or after the commencement of those
32
items.
33
34
Schedule 2 Partner service pension
Part 2 A mend ments commencing on 1 January 2009
18 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
1
Part 2
--
Amendments commencing on 1 January
2
2009
3
Veterans' Entitlements Act 1986
4
4 Subsection 38(1)
5
Omit "subsections (1B) and (4)", substitute "this section".
6
5 After subsection 38(2A)
7
Insert:
8
(2AA) A person's eligibility under paragraph (1)(b) or (g) ceases if:
9
(a) in the Commission's opinion, the veteran concerned was in a
10
marriage-like relationship with another person when this
11
subsection commenced; or
12
(b) after this subsection commenced, the veteran concerned
13
enters into a relationship with another person and, in the
14
Commission's opinion, the relationship is a marriage-like
15
relationship.
16
Note:
The Commission's opinion is to be formed as mentioned in
17
section 11A.
18
(2AB) A person's eligibility under paragraph (1)(b) or (g) ceases at the
19
end of the period of 12 months beginning on the first day on which
20
the person was living separately and apart from the veteran
21
concerned on a permanent basis.
22
(2AC) A person's eligibility under paragraph (1)(b) or (g) does not cease
23
under subsection (2AA) or (2AB) if the person has reached pension
24
age.
25
Note:
For pension age see section 5Q.
26
6 Paragraph 38(2B)(c)
27
After "(2A)", insert ", (2AA) or (2AB)".
28
7 Application
29
Partner service pension Schedule 2
Amend ments commencing on 1 January 2009 Part 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 19
(1)
Subsection 38(2AB) of the Veterans' Entitlements Act 1986, as inserted
1
by this Act, applies in relation to a person living separately and apart
2
from a veteran before, on or after the commencement of this item.
3
(2)
However, if the period of 12 months referred to in that subsection ended
4
before the commencement of this item, the person's eligibility under
5
paragraph 38(1)(b) or (g) of that Act does not cease under that
6
subsection until the commencement of this item (despite that
7
subsection).
8
Note:
The person's eligibility does not cease under that subsection if the person has reached
9
pension age: see subsection 38(2AC) of that Act.
10
11
Schedule 2 Partner service pension
Part 3 A mend ments commencing on the same-sex start day
20 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
1
Part 3
--
Amendments commencing on the same-sex
2
start day
3
Veterans' Entitlements Act 1986
4
8 Paragraph 38(2AA)(a)
5
Omit "marriage-like", substitute "de facto".
6
9 Paragraph 38(2AA)(a)
7
Omit "when this subsection commenced", substitute "on the same-sex
8
start day".
9
10 Paragraph 38(2AA)(b)
10
Omit "this subsection commenced", substitute "the same-sex start day".
11
11 Paragraph 38(2AA)(b)
12
Omit "marriage-like", substitute "de facto".
13
12 At the end of section 38
14
Add:
15
(5) In this section:
16
same-sex start day means the day on which Schedule 15 to the
17
Same-Sex Relationships (Equal Treatment in Commonwealth
18
Laws--General Law Reform) Act 2008 commences.
19
13 Saving
20
The amendments made by this Part do not affect the operation of
21
subsection 38(2AA) of the Veterans' Entitlements Act 1986, as in force
22
before the commencement of this Part.
23
24
Child support Schedule 3
Percentage of care Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 21
1
Schedule 3
--
Child support
2
Part 1
--
Percentage of care
3
Child Support (Assessment) Act 1989
4
1 Paragraph 48(1)(b)
5
Repeal the paragraph, substitute:
6
(b) if one of the following events occurs:
7
(i) there is a change of less than 7.1% in the percentage of
8
care for the child that the person has because of an
9
agreement, plan or order mentioned in paragraph 49(a)
10
or (b) (including a variation of such an agreement, plan
11
or order);
12
(ii) there is a change of at least 7.1% in the percentage of
13
care for the child that the person has, and the change
14
alters the person's cost percentage for the child;
15
(iii) the person's percentage of care for the child falls below
16
14%;
17
(iv) the person's percentage of care for the child increases to
18
14%, or above 14%;
19
(v) the person's percentage of care for the child falls below
20
35%;
21
(vi) the person's percentage of care for the child increases to
22
35%, or above 35%;
23
whichever of the following days is applicable:
24
(vii) if the Registrar is notified, or otherwise becomes aware,
25
of the event within 28 days after the day on which the
26
event occurs--the day on which the event occurs;
27
(viii) in any other case--the day on which the Registrar is
28
notified, or otherwise becomes aware, of the event; or
29
2 At the end of section 52
30
Add:
31
(5) However, the Registrar is not required to review a determination as
32
mentioned in subsection (4) if the Registrar is satisfied that there
33
are special circumstances that justify the Registrar in not doing so.
34
Schedule 3 Child support
Part 1 Percentage of care
22 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
3 Before subparagraph 74A(b)(i)
1
Insert:
2
(ia) a person's percentage of care for the child has changed
3
by less than 7.1%, and the change is because of an
4
agreement, plan or order mentioned in paragraph 49(a)
5
or (b) (including a variation of such an agreement, plan
6
or order); or
7
4 Subparagraph 74A(b)(i)
8
Omit "affects the annual rate of child support payable for the child",
9
substitute "alters the person's cost percentage for the child".
10
5 Subparagraph 74A(b)(iii)
11
Omit "14%; and", substitute "14%; or".
12
6 At the end of paragraph 74A(b)
13
Add:
14
(iv) a person's percentage of care for the child has fallen
15
below 35%; or
16
(v) a person's percentage of care for the child has increased
17
to 35%, or above 35%; and
18
7 Section 74A
19
Omit "on and from the day the Registrar was notified, or otherwise
20
became aware, of the change of percentage referred to in
21
paragraph (b).", substitute:
22
on and from whichever of the following days is applicable:
23
(e) if the Registrar is notified, or otherwise becomes aware, of
24
the change of percentage referred to in paragraph (b) within
25
28 days after the day on which the change occurs--the day
26
on which the change occurs;
27
(f) in any other case--the day on which the Registrar is notified,
28
or otherwise becomes aware, of the change of percentage
29
referred to in paragraph (b).
30
8 Before paragraph 75(2)(a)
31
Insert:
32
(aa) the change to the person's percentage of care is less than
33
7.1%, and the change is because of an agreement, plan or
34
Child support Schedule 3
Percentage of care Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 23
order mentioned in paragraph 49(a) or (b) (including a
1
variation of such an agreement, plan or order); or
2
9 Paragraph 75(2)(a)
3
Omit "affects the annual rate of child support payable for the child",
4
substitute "alters the person's cost percentage for the child".
5
10 After paragraph 75(2)(c)
6
Insert:
7
(ca) the person's percentage of care falls below 35%; or
8
(cb) the person's percentage of care increases to 35%, or above
9
35%; or
10
11 Application and transitional
11
(1)
The amendments made by items 1 and 3 to 10 apply in relation to
12
changes in percentages of care that occur on or after 1 July 2008.
13
(2)
Subparagraphs 48(1)(b)(i) and 74A(b)(ia) and paragraph 75(2)(aa) of
14
the Child Support (Assessment) Act 1989, as inserted by this Act, apply
15
in relation to:
16
(a) agreements, plans or orders made on or after 1 July 2008; and
17
(b) variations, occurring on or after 1 July 2008, of agreements,
18
plans or orders made on or after 1 July 2008.
19
(3)
If:
20
(a) a change in percentage of care mentioned in subitem (1)
21
occurred before the commencement of this item; and
22
(b) as a result of that change, an assessment is amended under
23
section 75 of the Child Support (Assessment) Act 1989;
24
the amendment cannot take effect earlier than the commencement of
25
this item.
26
(4)
The amendment made by item 2 applies in relation to determinations
27
made on or after the commencement of that item.
28
29
Schedule 3 Child support
Part 2 Publication of reasons for decisions of the Social Security Appeals Tribunal
24 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
1
Part 2
--
Publication of reasons for decisions of the
2
Social Security Appeals Tribunal
3
Child Support (Registration and Collection) Act 1988
4
12 After subsection 16(2A)
5
Insert:
6
(2AA) Subsection (2) does not prevent:
7
(a) the SSAT from communicating the reasons for a decision of
8
the SSAT under Part VIIA to the Secretary or a person
9
authorised by the Secretary; or
10
(b) the Secretary from communicating the reasons for a decision
11
of the SSAT under Part VIIA to a person authorised by the
12
Secretary.
13
(2AB) Subsection (2) does not prevent the Secretary, or a person
14
authorised by the Secretary, from publishing in written or
15
electronic form the reasons for a decision of the SSAT under
16
Part VIIA if the publication does not identify:
17
(a) a party to the proceedings concerned (other than the
18
Registrar); or
19
(b) a person (other than the Registrar) who is related to, or
20
associated with, a party to the proceedings concerned or is, or
21
is alleged to be, in any other way concerned in the matter to
22
which the proceedings concerned relate; or
23
(c) a witness in the proceedings concerned.
24
(2AC) Without limiting subsection (2AB), a publication of reasons for a
25
decision of the SSAT under Part VIIA is taken to identify a person
26
if it contains any particulars of:
27
(a) the name, title, pseudonym or alias of the person; or
28
(b) the address of any premises at which the person resides or
29
works, or the locality in which any such premises are
30
situated; or
31
(c) the physical description or the style of dress of the person; or
32
(d) any employment or occupation engaged in, profession
33
practised or calling pursued, by the person or any official or
34
honorary position held by the person; or
35
Child support Schedule 3
Publication of reasons for decisions of the Social Security Appeals Tribunal Part 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 25
(e) the relationship of the person to identified relatives of the
1
person or the association of the person with identified friends
2
or identified business, official or professional acquaintances
3
of the person; or
4
(f) the recreational interests, or the political, philosophical or
5
religious beliefs or interests, of the person; or
6
(g) any real or personal property in which the person has an
7
interest or with which the person is otherwise associated;
8
and the particulars are sufficient to identify that person to a
9
member of the public, or to a member of the section of the public
10
to which the publication is disseminated, as the case requires.
11
13 Application
12
The amendment made by item 12 applies in relation to decisions of the
13
SSAT made before, on or after the commencement of that item.
14
15
Schedule 3 Child support
Part 3 Departure fro m assessments
26 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
1
Part 3
--
Departure from assessments
2
Child Support (Assessment) Act 1989
3
14 Paragraph 80E(1)(d)
4
Repeal the paragraph, substitute:
5
(d) either:
6
(i) it meets the conditions in subsection (2), (3) or (4), as
7
the case requires, (assuming the agreement is accepted
8
by the Registrar); or
9
(ii) it has been accepted by the Registrar under section 98U.
10
15 Paragraph 98C(2)(b)
11
Omit "and (3B)", substitute "to (3C)".
12
16 After subsection 98U(1)
13
Insert:
14
(1A) In working out whether an agreement is a limited child support
15
agreement for the purposes of subsection (1), disregard:
16
(a) paragraph 80E(1)(d); and
17
(b) subsections 80E(2) to (5).
18
17 Subsection 98U(2)
19
Repeal the subsection, substitute:
20
(2) For an agreement (other than a binding child support agreement),
21
the Registrar must not accept the agreement unless he or she is also
22
satisfied that it would be just and equitable, as regards the child,
23
the liable parent and the carer entitled to child support, to accept
24
the agreement.
25
18 Paragraph 117(3A)(a)
26
Omit "the carer entitled to child support", substitute "a parent or a
27
non-parent carer".
28
19 Paragraph 117(3A)(b)
29
Omit "period; and", substitute "period.".
30
Child support Schedule 3
Departure fro m assessments Part 3
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 27
20 Paragraph 117(3A)(c)
1
Repeal the paragraph.
2
21 Subsection 117(3B)
3
After "care costs", insert "for a parent".
4
22 Paragraph 117(3B)(a)
5
Omit "carer's", substitute "parent's".
6
23 After subsection 117(3B)
7
Insert:
8
(3C) Child care costs for a non-parent carer can only be high for the
9
purposes of subparagraph (2)(b)(ib) if, during a child support
10
period, they total at least 25% of the costs of the child for that
11
period.
12
24 Paragraph 136(1)(a)
13
After "section 92", insert "or 98U".
14
25 At the end of section 146D
15
Add:
16
(3) If:
17
(a) an application (the original application) is made under
18
section 98B in relation to an administrative assessment; and
19
(b) before the Registrar decides the application, the Registrar
20
accepts an agreement under section 98U that is entered into
21
by the parties to the proceedings concerned; and
22
(c) a provisional notional assessment is made because of
23
section 34B applying as mentioned in paragraph 98U(4)(a);
24
then the original application is taken to be an application made
25
under subsection (1) of this section.
26
26 Application
27
(1)
The amendment made by item 15 applies in relation to applications to
28
the Registrar made on or after the commencement of that item.
29
(2)
The amendments made by items 16 and 17 apply in relation to requests
30
made, after the commencement of those items, to the Registrar for
31
Schedule 3 Child support
Part 3 Departure fro m assessments
28 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
acceptance of agreements (regardless of whether the agreements are
1
made before, on or after the commencement of those items).
2
(3)
The amendments made by items 18 to 23 apply in relation to
3
applications to a court made on or after the commencement of those
4
items.
5
(4)
The amendment made by item 24 applies in relation to agreements
6
accepted before, on or after the commencement of that item.
7
(5)
The amendment made by item 25 applies in relation to an agreement
8
accepted on or after the commencement of that item (regardless of
9
whether the agreement was made before, on or after that
10
commencement and regardless of whether the original application was
11
made before, on or after that commencement).
12
13
Child support Schedule 3
Terminating events Part 4
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 29
1
Part 4
--
Terminating events
2
Child Support (Assessment) Act 1989
3
27 Subsection 12(2)
4
Repeal the subsection, substitute:
5
(2) A child support terminating event happens in relation to a person
6
who is a carer entitled to child support in relation to a child if the
7
person dies.
8
28 After subsection 12(2)
9
Insert:
10
(2AA) A child support terminating event happens in relation to a child if:
11
(a) both of the parents of the child are not eligible carers of the
12
child; and
13
(b) there are no non-parent carers entitled to be paid child
14
support in relation to the child.
15
29 Application
16
The amendments made by items 27 and 28 apply in relation to a child
17
support terminating event that happens on or after the commencement
18
of those items.
19
20
Schedule 3 Child support
Part 5 Reducing rate of child support under min imu m annual rate assessments
30 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
1
Part 5
--
Reducing rate of child support under
2
minimum annual rate assessments
3
Child Support (Assessment) Act 1989
4
30 Subsections 66A(1) to (3)
5
Repeal the subsections, substitute:
6
(1) If the Registrar has made an assessment under section 66 in respect
7
of the annual rate of child support payable by a parent for all the
8
children in a child support case for a day in a child support period,
9
the Registrar may, on an application made by the parent that:
10
(a) is in accordance with the regulations; and
11
(b) either:
12
(i) nominates the whole (the nominated period) of that
13
child support period (if the first day of that child support
14
period is the day referred to in paragraph 66(4)(a)); or
15
(ii) nominates a part (the nominated period) of that child
16
support period, being a part that is at least 2 months and
17
that begins on or after the day referred to in paragraph
18
66(4)(a);
19
reduce the annual rate of child support payable by the parent for
20
those children for the nominated period to nil. This subsection is
21
subject to subsection (3C).
22
Note:
If the Registrar refuses to grant an application under this section, the
23
Registrar must serve a notice on the applicant under section 66C.
24
(2) The Registrar must not grant an application under subsection (1)
25
unless the Registrar is satisfied that the amount worked out under
26
subsection (3) is less than the amount worked out under
27
subsection (3A).
28
(3) The amount for the purposes of this subsection is:
29
Parent's income for the nominated period
365
Number of days in the nominated period
30
(3A) The amount for the purposes of this subsection is:
31
Child support Schedule 3
Reducing rate of ch ild support under min imu m annual rate assessments Part 5
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 31
The minimum annual rate
The total of the number of
of child support for the
the parent's child support cases
child support period
1
(3B) For the purposes of subsection (3A), a parent is taken to have a
2
child support case if the parent is liable to pay child support for one
3
or more children under an administrative assessment under the law
4
of a reciprocating jurisdiction.
5
(3C) A reduction under subsection (1) has no effect in relation to a day
6
to which the assessment under section 66 does not apply.
7
Note:
Subsection 66(4) deals with when an assessment under section 66
8
applies.
9
31 Application and saving
10
(1)
The amendment made by item 30 applies in relation to applications
11
made on or after the day on which that item commences in respect of:
12
(a) the whole of a child support period that begins on or after
13
that day; or
14
(b) a part of a child support period, being a part that begins on or
15
after the day on which that item commences (regardless of
16
whether the child support period begins before, on or after
17
that day);
18
regardless of whether the assessment was made before, on or after the
19
day on which that item commences.
20
(2)
Subsection 66A(1) of the Child Support (Assessment) Act 1989, as
21
inserted by this Act, does not apply in relation to a child support period
22
if subsection 66A(1) of that Act (as in force before the commencement
23
of this item) has applied in respect of a day in that period.
24
(3)
Regulations in force for the purposes of subsection 66A(1) of the Child
25
Support (Assessment) Act 1989 immediately before the commencement
26
of this item continue in force on and after that commencement as if they
27
were regulations in force for the purposes of paragraph 66A(1)(a) of
28
that Act.
29
(4)
Subsection 66A(3B) of the Child Support (Assessment) Act 1989, as
30
inserted by this Act, applies in relation to administrative assessments
31
made under laws of reciprocating jurisdictions before, on or after the
32
commencement of this item.
33
34
Schedule 3 Child support
Part 6 Overseas liabilities
32 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
1
Part 6
--
Overseas liabilities
2
Child Support (Assessment) Act 1989
3
32 Section 35D
4
Before "The annual", insert "(1)".
5
33 At the end of section 35D
6
Add:
7
(2) Subsection (1) does not apply if at least one of the parents is liable
8
to pay child support for a child under an administrative assessment
9
under the law of a reciprocating jurisdiction.
10
34 Section 36A
11
Before "The annual", insert "(1)".
12
35 At the end of section 36A
13
Add:
14
(2) For the purposes of paragraph (1)(b), a parent is taken to be
15
assessed in respect of the costs of another child in another child
16
support case if the parent is liable to pay child support for that
17
child under an administrative assessment under the law of a
18
reciprocating jurisdiction.
19
36 Section 39
20
Before "This is", insert "(1)".
21
37 At the end of section 39
22
Add:
23
(2) For the purposes of steps 4, 6 and 7 of the method statement in
24
subsection (1), a parent is taken to be assessed in respect of the
25
costs of another child who is in another child support case if the
26
parent is liable to pay child support for that child under an
27
administrative assessment under the law of a reciprocating
28
jurisdiction.
29
Child support Schedule 3
Overseas liabilities Part 6
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 33
38 Section 40
1
Before "This is", insert "(1)".
2
39 At the end of section 40
3
Add:
4
(2) For the purposes of steps 4, 6 and 7 of the method statement in
5
subsection (1), a parent is taken to be assessed in respect of the
6
costs of another child who is in another child support case if the
7
parent is liable to pay child support for that child under an
8
administrative assessment under the law of a reciprocating
9
jurisdiction.
10
40 Paragraph 40A(1)(b)
11
Omit "section 39 or 40", substitute "subsection 39(1) or 40(1)".
12
41 At the end of section 41
13
Add:
14
Administrative assessments under laws of reciprocating
15
jurisdictions
16
(6) Subsection (1) or (2) does not apply if the parent is liable to pay
17
child support for a child under an administrative assessment under
18
the law of a reciprocating jurisdiction.
19
(7) For the purposes of paragraphs (3)(b) and (4)(b), a parent is taken
20
to be assessed in respect of the costs of another child in another
21
child support case if the parent is liable to pay child support for
22
that child under an administrative assessment under the law of a
23
reciprocating jurisdiction.
24
42 At the end of section 55E
25
Add:
26
(3) For the purposes of paragraph (1)(c), a parent is taken to be
27
assessed for a day in respect of the costs of another child who is in
28
another child support case if the parent is liable to pay child
29
support for that child for the day under an administrative
30
assessment under the law of a reciprocating jurisdiction.
31
43 At the end of section 55G
32
Schedule 3 Child support
Part 6 Overseas liabilities
34 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
Add:
1
(7) For the purposes of paragraph (2)(b), a parent is taken to be
2
assessed in respect of the costs of another child who is in another
3
child support case if the parent is liable to pay child support for
4
that child under an administrative assessment under the law of a
5
reciprocating jurisdiction.
6
44 At the end of section 55HA
7
Add:
8
(7) For the purposes of paragraph (2)(b), a parent is taken to be
9
assessed in respect of the costs of another child who is in another
10
child support case if the parent is liable to pay child support for
11
that child under an administrative assessment under the law of a
12
reciprocating jurisdiction.
13
45 After subsection 65A(4)
14
Insert:
15
(4A) For the purposes of subsection (4), if a parent is liable to pay child
16
support for one or more children under an administrative
17
assessment under the law of a reciprocating jurisdiction, then that
18
child support is taken to be payable by the parent for those children
19
under subsection (1).
20
46 After subsection 66(6)
21
Insert:
22
(6A) For the purposes of subsection (6), if a parent is liable to pay child
23
support for one or more children for a day under an administrative
24
assessment under the law of a reciprocating jurisdiction, then the
25
parent is taken to be assessed for the day in respect of the costs of
26
children in a child support case.
27
47 After subsection 66A(2)
28
Insert:
29
(2A) For the purposes of subsection (2), a parent is taken to have a child
30
support case if the parent is liable to pay child support for one or
31
more children under an administrative assessment under the law of
32
a reciprocating jurisdiction.
33
Child support Schedule 3
Overseas liabilities Part 6
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 35
48 After subsection 76(2)
1
Insert:
2
(2AA) For the purposes of paragraph (2)(d), a parent is taken to have a
3
child support case if the parent is liable to pay child support for one
4
or more children under an administrative assessment under the law
5
of a reciprocating jurisdiction.
6
49 Application
7
The amendments made by items 32 to 39 and 41 to 48 apply in relation
8
to administrative assessments made under laws of reciprocating
9
jurisdictions before, on or after the commencement of those items.
10
Child Support (Registration and Collection) Act 1988
11
50 Subparagraph 72D(1)(c)(ii)
12
Omit "section 17A; and", substitute "section 17A; or".
13
51 At the end of paragraph 72D(1)(c)
14
Add:
15
(iii) one or more child support debts arising from a
16
registrable overseas maintenance liability under
17
subsection 18A(1), paragraph 18A(3)(a) or subsection
18
18A(4) (insofar as subsection 18A(4) relates to
19
subsection 18A(1) or paragraph 18A(3)(a)); and
20
52 After paragraph 72D(2)(d)
21
Insert:
22
(da) if subparagraph (1)(c)(iii) applies:
23
(i) the length of time for which the debts mentioned in that
24
subparagraph have remained unpaid after the day on
25
which they became due and payable; and
26
(ii) the number of occasions on which the debts mentioned
27
in that subparagraph had not been paid on or before the
28
day on which they became due and payable;
29
53 Paragraph 72E(a)
30
Schedule 3 Child support
Part 6 Overseas liabilities
36 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008
After "17A", insert ", subsection 18A(1), paragraph 18A(3)(a) or
1
subsection 18A(4) (insofar as subsection 18A(4) relates to subsection
2
18A(1) or paragraph 18A(3)(a))".
3
54 Application
4
The amendments made by items 51 to 53 apply in relation to registrable
5
overseas maintenance liabilities arising before, on or after the
6
commencement of those items.
7
8
Child support Schedule 3
Cred iting prescribed payments Part 7
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Further 2008 Budget and Other Measures) Bill 2008 No. , 2008 37
1
Part 7
--
Crediting prescribed payments
2
Child Support (Registration and Collection) Act 1988
3
55 After paragraph 71C(1)(b)
4
Insert:
5
(ba) at the time the payment is made, the payer does not have at
6
least regular care of any of the children to whom the relevant
7
administrative assessment relates; and
8
56 After subsection 71C(1)
9
Insert:
10
(2) Subsection (1) does not apply in relation to a payment (the
11
prescribed payment) mentioned in paragraph (1)(a) if:
12
(a) before the prescribed payment is made, the payer has
13
provided child support to the payee in the form of a lump
14
sum payment; and
15
(b) the lump sum payment has been credited, or will be credited,
16
under section 69A against all or part of the amount payable
17
under the enforceable maintenance liability in relation to the
18
day the prescribed payment is made.
19
57 Application
20
(1)
The amendment made by item 55 applies in relation to payments made
21
on or after the commencement of that item.
22
(2)
The amendment made by item 56 applies in relation to payments
23
mentioned in paragraph 71C(1)(a) of the Child Support (Registration
24
and Collection) Act 1988 made on or after the commencement of that
25
item (regardless of whether the lump sum payment is made before, on
26
or after that commencement).
27

 


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