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FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (2009 MEASURES) BILL 2009

2008-2009
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 (2009 Measures)
Bill 2009
No. , 2009
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the law relating to
Aboriginal land rights, social security, veterans'
affairs, family assistance and child support, and for
other purposes
i Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
4
Schedule 1--Scheduling of land
5
Aboriginal Land Rights (Northern Territory) Act 1976
5
Schedule 2--Income management regime
7
Social Security (Administration) Act 1999
7
Schedule 3--Social Security Appeals Tribunal
10
Part 1--Main amendments
10
A New Tax System (Family Assistance) (Administration) Act 1999
10
Social Security (Administration) Act 1999
14
Part 2--Other amendments
22
A New Tax System (Family Assistance) (Administration) Act 1999
22
Child Support (Registration and Collection) Act 1988
25
Social Security (Administration) Act 1999
28
Part 3--Transitional provisions
35
Schedule 4--Disposal of assets
39
Social Security Act 1991
39
Schedule 5--Controlled private trusts
42
Social Security Act 1991
42
Veterans' Entitlements Act 1986
43
Schedule 6--Baby bonus
46
A New Tax System (Family Assistance) (Administration) Act 1999
46
Schedule 7--Other amendments
48
A New Tax System (Family Assistance) Act 1999
48
A New Tax System (Family Assistance) (Administration) Act 1999
49
Corporations (Aboriginal and Torres Strait Islander) Act 2006
49
Social Security Act 1991
51
Social Security (Administration) Act 1999
52
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 1
A Bill for an Act to amend the law relating to
1
Aboriginal land rights, social security, veterans'
2
affairs, family assistance and child support, and for
3
other purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Families, Housing, Community
7
Services and Indigenous Affairs and Other Legislation Amendment
8
(2009 Measures) Act 2009.
9
2 Commencement
10
(1) Each provision of this Act specified in column 1 of the table
11
commences, or is taken to have commenced, in accordance with
12
2 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
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. Schedules 1
and 2
The day after this Act receives the Royal
Assent.
3. Schedule 3,
items 1 to 36
The 28th day after this Act receives the
Royal Assent.
4. Schedule 3,
items 37 to 39
The later of:
(a) the start of the 28th day after this Act
receives the Royal Assent; and
(b) immediately after the commencement of
Schedule 1 to the Families, Housing,
Community Services and Indigenous
Affairs and Other Legislation
Amendment (Miscellaneous Measures)
Act 2009.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
5. Schedule 3,
items 40 to 115
The 28th day after this Act receives the
Royal Assent.
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
6. Schedule 3,
items 116 to 118
The later of:
(a) the start of the 28th day after this Act
receives the Royal Assent; and
(b) immediately after the commencement of
Schedule 1 to the Families, Housing,
Community Services and Indigenous
Affairs and Other Legislation
Amendment (Miscellaneous Measures)
Act 2009.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
7. Schedule 3,
items 119 to 134
The 28th day after this Act receives the
Royal Assent.
8. Schedule 3,
item 135
The 28th day after this Act receives the
Royal Assent.
However, if Schedule 1 to the Families,
Housing, Community Services and
Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Act
2009 commences on or before that day, the
provision(s) do not commence at all.
9. Schedule 3,
items 136 to 163
The 28th day after this Act receives the
Royal Assent.
10. Schedules 4
and 5
The day after this Act receives the Royal
Assent.
11. Schedule 6
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2010.
12. Schedule 7,
items 1 to 7
The day after this Act receives the Royal
Assent.
13. Schedule 7,
item 8
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2010.
4 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
14. Schedule 7,
items 9 to 35
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Scheduling of land Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 5
Schedule 1--Scheduling of land
1
2
Aboriginal Land Rights (Northern Territory) Act 1976
3
1 Part 4 of Schedule 1 (after the item relating to
4
KANTURRPA--KANTTAJI)
5
Insert:
6
LOVES CREEK
7
All that land being the whole of Northern Territory Portion 744
8
delineated on Survey Plans S2004/007A to H inclusive and
9
S2004/007J lodged with the Surveyor-General, Darwin, known as
10
Loves Creek in the Northern Territory and containing an area of
11
approximately 378,400 hectares.
12
PATTA
13
All that land near Tennant Creek in the Northern Territory
14
comprising:
15
(a) the whole of Northern Territory Portion 2441 delineated on
16
Survey Plan S2007/18 lodged with the Surveyor-General,
17
Darwin, and containing an area of approximately 1,247
18
hectares; and
19
(b) the whole of Northern Territory Portion 4071 delineated on
20
Survey Plans S91/86A and B lodged with the
21
Surveyor-General, Darwin, and containing an area of
22
approximately 5,582 hectares; and
23
(c) the whole of Northern Territory Portion 4073 delineated on
24
Survey Plan S91/87 lodged with the Surveyor-General,
25
Darwin, and containing an area of approximately 1,826
26
hectares; and
27
(d) the whole of Northern Territory Portion 4096 delineated on
28
Survey Plan S92/85 lodged with the Surveyor-General,
29
Darwin, and containing an area of approximately 80.19
30
hectares; and
31
(e) the whole of Northern Territory Portion 4428 delineated on
32
Survey Plan S93/36 lodged with the Surveyor-General,
33
Darwin, and containing an area of approximately 334.9
34
hectares.
35
2 Part 5 of Schedule 1 (item relating to WEST MACDONNELL
36
NATIONAL PARK)
37
Schedule 1 Scheduling of land
6 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
After:
1
2) Alice Valley Extension
2
All that parcel of land near Owen Springs in the Northern Territory
3
of Australia containing an area of 21,780 hectares more or less
4
being the whole of Northern Territory Portion 6867 more
5
particularly delineated on Survey Plan S2007/29 lodged with the
6
Surveyor General, Darwin.
7
Insert:
8
2A) Alice Valley Extension (East)
9
All that land being the whole of Northern Territory Portion 6991
10
delineated on Survey Plans S2008/18A and B lodged with the
11
Surveyor-General, Darwin, being near Owen Springs in the
12
Northern Territory of Australia and containing an area of
13
approximately 24,890 hectares.
14
15
Income management regime Schedule 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 7
Schedule 2--Income management regime
1
2
Social Security (Administration) Act 1999
3
1 Section 123TC (paragraph (b) of the definition of category P
4
welfare payment)
5
Omit "(other than an age pension or a carer payment)".
6
2 Section 123TC (paragraphs (a) and (b) of the definition of
7
category R welfare payment)
8
Repeal the paragraphs.
9
3 Paragraphs 123UF(1)(b) and (2)(c)
10
Omit "subsection", substitute "section".
11
4 At the end of section 123WJ
12
Add:
13
Interpretation
14
(19) This section is subject to section 123WJA.
15
5 After section 123WJ
16
Insert:
17
123WJA Ceasing payment of credit balances of income management
18
accounts--person becomes subject to the income
19
management regime again
20
(1) This section applies if:
21
(a) at a particular time, a person ceases to be subject to the
22
income management regime; and
23
(b) at the time referred to in paragraph (a), there is a residual
24
amount in relation to the person; and
25
(c) at any time after the cessation, the person becomes subject to
26
the income management regime again; and
27
Schedule 2 Income management regime
8 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
(d) at the time referred to in paragraph (c), the whole or a part of
1
the residual amount has not been paid to the person in
2
accordance with section 123WJ.
3
(2) The Secretary may determine that section 123WJ ceases to apply in
4
relation to:
5
(a) the whole of the residual amount; or
6
(b) a part of the residual amount specified in the determination.
7
The determination has effect accordingly.
8
(3) In this section:
9
residual amount has the same meaning as in subsection 123WJ(2).
10
6 Subsection 123WL(3)
11
Repeal the subsection, substitute:
12
Payment of residual amount
13
(3) The residual amount is to be paid in one or more of the following
14
ways (as determined by the Secretary):
15
(a) to the legal personal representative of the person;
16
(b) to one or more other persons whom the Secretary is satisfied
17
have carried out, are carrying out, or will carry out, an
18
appropriate activity in relation to the estate or affairs of the
19
person;
20
(c) to the credit of a bank account nominated by the person for
21
the purposes of subsection 55(2).
22
An amount that is to be paid under this subsection is to be paid as a
23
lump sum on a day determined by the Secretary.
24
(3A) A person may be paid more than one amount under subsection (3).
25
7 Subsection 123WL(4)
26
After "determination", insert "under subsection (3)".
27
8 Subsection 123WM(1)
28
Omit "subsection 123WL(3)", substitute "paragraph 123WL(3)(a) or
29
(b)".
30
Income management regime Schedule 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 9
9 Application--persons becoming subject to the income
1
management regime again
2
(1)
The amendment made by item 5 applies in relation to persons who:
3
(a) cease to be subject to the income management regime before,
4
on or after the commencement of that item; and
5
(b) become subject to the income management regime again
6
before, on or after that commencement.
7
(2)
However, for a person who became subject to the income management
8
regime again before that commencement, the time applicable for the
9
purposes of paragraph 123WJA(1)(d) of the Social Security
10
(Administration) Act 1999, as inserted by this Act, is taken to be the
11
start of the day on which this item commences (instead of the time the
12
person became subject to the income management regime again).
13
10 Application--payment of credit balances of income
14
management accounts--person dies
15
The amendments made by items 6, 7 and 8 apply in relation to:
16
(a) deaths occurring on or after the commencement of those
17
items; and
18
(b) deaths occurring before the commencement of those items if
19
a determination had not been made under subsection
20
123WL(3) of the Social Security (Administration) Act 1999
21
before that commencement.
22
23
Schedule 3 Social Security Appeals Tribunal
Part 1 Main amendments
10 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Schedule 3--Social Security Appeals Tribunal
1
Part 1--Main amendments
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 After section 128
5
Insert:
6
128A Power to obtain information or documents
7
(1) This section applies to a person if the Principal Member believes
8
on reasonable grounds that the person has information or a
9
document that is relevant to a review.
10
(2) The Principal Member may, by written notice given to the person,
11
require the person:
12
(a) to give to the SSAT, within the period and in the manner
13
specified in the notice, any such information; or
14
(b) to produce to the SSAT, within the period and in the manner
15
specified in the notice, any such documents.
16
(3) The period specified in a notice given under subsection (2) must be
17
at least 14 days after the notice is given.
18
Offence
19
(4) A person commits an offence if:
20
(a) the person is given a notice under subsection (2); and
21
(b) the person fails to comply with the notice.
22
Penalty: Imprisonment for 6 months.
23
Notice to set out the effect of offence provisions
24
(5) A notice under subsection (2) must set out the effect of the
25
following provisions:
26
(a)
subsection
(4);
27
(b) section 137.1 of the Criminal Code (about giving false or
28
misleading information);
29
Social Security Appeals Tribunal Schedule 3
Main amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 11
(c) section 137.2 of the Criminal Code (about producing false or
1
misleading documents).
2
128B Inspecting and copying documents
3
The following may inspect a document produced under
4
section 128A and may make and retain copies of the whole or a
5
part of the document:
6
(a) a member who constitutes, or who is one of the members
7
who constitute, the SSAT for the purposes of the review;
8
(b) a member of the staff of the SSAT.
9
128C Retention of documents
10
(1) The following may take possession of a document produced under
11
section 128A, and retain it for as long as is reasonably necessary:
12
(a) a member who constitutes, or who is one of the members
13
who constitute, the SSAT for the purposes of the review;
14
(b) a member of the staff of the SSAT.
15
(2) The person otherwise entitled to possession of the document is
16
entitled to be supplied, as soon as practicable, with a copy certified
17
by the Principal Member to be a true copy.
18
(3) The certified copy must be received in all courts and tribunals as
19
evidence as if it were the original.
20
(4) Until a certified copy is supplied, the Principal Member must
21
provide the person otherwise entitled to possession of the
22
document, or a person authorised by that person, reasonable access
23
to the document for the purposes of inspecting and making copies
24
of the whole or a part of the document.
25
2 Before Subdivision C of Division 3 of Part 5
26
Insert:
27
Subdivision BC--Pre-hearing conferences
28
129A Pre-hearing conferences
29
(1) Before the hearing of a review commences, the Principal Member
30
may convene one or more conferences with the parties to the
31
Schedule 3 Social Security Appeals Tribunal
Part 1 Main amendments
12 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
review if he or she considers that it would assist in the conduct and
1
consideration of the review to do so.
2
(2) At a conference, the Principal Member may:
3
(a) fix a day or days for the hearing; and
4
(b) give directions about the time within which submissions are
5
to be made to the SSAT; and
6
(c) give directions about the time within which evidence is to be
7
brought before the SSAT; and
8
(d) give directions about what evidence is to be brought before
9
the SSAT.
10
(3) Paragraph (2)(d) does not limit the evidence that may be brought
11
before the SSAT.
12
Restrictions on disclosure of information obtained at a conference
13
(4) The Principal Member may make an order directing a party to the
14
review who is present at a conference:
15
(a) not to disclose information obtained by the party at the
16
conference; or
17
(b) not to disclose information obtained by the party at the
18
conference except in the circumstances, or for the purposes,
19
specified in the order.
20
(5) A person commits an offence if:
21
(a) the person is given an order under subsection (4); and
22
(b) the person contravenes the order.
23
Penalty for contravention of this subsection: Imprisonment for 2
24
years.
25
129B Powers of SSAT if parties reach agreement
26
(1)
If:
27
(a) at a pre-hearing conference under section 129A with the
28
parties to a review, the parties agree to the terms of a decision
29
of the SSAT:
30
(i) in the review; or
31
(ii) in relation to a part of the review, or a matter arising out
32
of the review;
33
that would be acceptable to the parties; and
34
Social Security Appeals Tribunal Schedule 3
Main amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 13
(b) before the hearing of the review commences, the terms of the
1
agreement are:
2
(i) put in writing; and
3
(ii) signed by or on behalf of the parties; and
4
(iii) lodged with the SSAT; and
5
(c) before the hearing of the review commences, the SSAT is
6
satisfied that a decision in those terms, or consistent with
7
those terms, would be within the powers of the SSAT;
8
the SSAT may act in accordance with whichever of subsection (2)
9
or (3) is relevant.
10
(2) If the agreement reached is an agreement as to the terms of a
11
decision of the SSAT in the review, the SSAT may make a
12
decision in accordance with those terms without holding a hearing
13
of the review.
14
(3) If the agreement relates to a part of the review, or a matter arising
15
out of the review, the SSAT may in its decision in the review give
16
effect to the terms of the agreement without dealing at the hearing
17
of the review with the part or matter to which the agreement
18
relates.
19
3 Section 137
20
Repeal the section, substitute:
21
137 Presiding member at SSAT hearing
22
If the SSAT is constituted by 2 or more members for the purposes
23
of the review of a decision, the Principal Member must designate
24
one of those members as the member who is to preside at the
25
hearing of the review.
26
4 Before subsection 138(1)
27
Insert:
28
(1A) This section applies if the SSAT is constituted by 2 or more
29
members for the purposes of the review of a decision.
30
5 At the end of Division 3 of Part 5
31
Add:
32
Schedule 3 Social Security Appeals Tribunal
Part 1 Main amendments
14 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Subdivision F--Correction of errors in decisions or statements
1
of reasons
2
141B Correction of errors in decisions or statements of reasons
3
Correction of errors
4
(1)
If:
5
(a) the SSAT makes a decision on a review; and
6
(b) the presiding member of the SSAT as constituted for the
7
purposes of the review, or the Principal Member, is satisfied
8
that there is an obvious error in:
9
(i) the text of the decision; or
10
(ii) a written statement of reasons for the decision;
11
the presiding member or the Principal Member may alter the text
12
of the decision or statement.
13
(2) If the text of a decision or statement is altered under subsection (1),
14
the altered text is taken to be the decision of the SSAT or the
15
statement of reasons for the decision, as the case may be.
16
Examples of obvious errors
17
(3) Examples of obvious errors in the text of a decision or statement of
18
reasons are:
19
(a) an obvious clerical or typographical error in the text of the
20
decision or statement; and
21
(b) an inconsistency between the decision and the statement.
22
Social Security (Administration) Act 1999
23
6 After section 165
24
Insert:
25
165A Power to obtain information or documents
26
(1) This section applies to a person if the Principal Member believes
27
on reasonable grounds that the person has information or a
28
document that is relevant to a review.
29
Social Security Appeals Tribunal Schedule 3
Main amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 15
(2) The Principal Member may, by written notice given to the person,
1
require the person:
2
(a) to give to the SSAT, within the period and in the manner
3
specified in the notice, any such information; or
4
(b) to produce to the SSAT, within the period and in the manner
5
specified in the notice, any such documents.
6
(3) The period specified in a notice given under subsection (2) must be
7
at least 14 days after the notice is given.
8
Offence
9
(4) A person commits an offence if:
10
(a) the person is given a notice under subsection (2); and
11
(b) the person fails to comply with the notice.
12
Penalty: Imprisonment for 6 months.
13
Notice to set out the effect of offence provisions
14
(5) A notice under subsection (2) must set out the effect of the
15
following provisions:
16
(a)
subsection
(4);
17
(b) section 137.1 of the Criminal Code (about giving false or
18
misleading information);
19
(c) section 137.2 of the Criminal Code (about producing false or
20
misleading documents).
21
165B Inspecting and copying documents
22
The following may inspect a document produced under
23
section 165A and may make and retain copies of the whole or a
24
part of the document:
25
(a) a member who constitutes, or who is one of the members
26
who constitute, the SSAT for the purposes of the review;
27
(b) a member of the staff of the SSAT.
28
165C Retention of documents
29
(1) The following may take possession of a document produced under
30
section 165A, and retain it for as long as is reasonably necessary:
31
Schedule 3 Social Security Appeals Tribunal
Part 1 Main amendments
16 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
(a) a member who constitutes, or who is one of the members
1
who constitute, the SSAT for the purposes of the review;
2
(b) a member of the staff of the SSAT.
3
(2) The person otherwise entitled to possession of the document is
4
entitled to be supplied, as soon as practicable, with a copy certified
5
by the Principal Member to be a true copy.
6
(3) The certified copy must be received in all courts and tribunals as
7
evidence as if it were the original.
8
(4) Until a certified copy is supplied, the Principal Member must
9
provide the person otherwise entitled to possession of the
10
document, or a person authorised by that person, reasonable access
11
to the document for the purposes of inspecting and making copies
12
of the whole or a part of the document.
13
7 Before Subdivision C of Division 4 of Part 4
14
Insert:
15
Subdivision BC--Pre-hearing conferences
16
166A Pre-hearing conferences
17
(1) Before the hearing of a review commences, the Principal Member
18
may convene one or more conferences with the parties to the
19
review if he or she considers that it would assist in the conduct and
20
consideration of the review to do so.
21
(2) At a conference, the Principal Member may:
22
(a) fix a day or days for the hearing; and
23
(b) give directions about the time within which submissions are
24
to be made to the SSAT; and
25
(c) give directions about the time within which evidence is to be
26
brought before the SSAT; and
27
(d) give directions about what evidence is to be brought before
28
the SSAT.
29
(3) Paragraph (2)(d) does not limit the evidence that may be brought
30
before the SSAT.
31
Social Security Appeals Tribunal Schedule 3
Main amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 17
Restrictions on disclosure of information obtained at a conference
1
(4) The Principal Member may make an order directing a party to the
2
review who is present at a conference:
3
(a) not to disclose information obtained by the party at the
4
conference; or
5
(b) not to disclose information obtained by the party at the
6
conference except in the circumstances, or for the purposes,
7
specified in the order.
8
(5) A person commits an offence if:
9
(a) the person is given an order under subsection (4); and
10
(b) the person contravenes the order.
11
Penalty for contravention of this subsection: Imprisonment for 2
12
years.
13
166B Powers of SSAT if parties reach agreement
14
(1)
If:
15
(a) at a pre-hearing conference under section 166A with the
16
parties to a review, the parties agree to the terms of a decision
17
of the SSAT:
18
(i) in the review; or
19
(ii) in relation to a part of the review, or a matter arising out
20
of the review;
21
that would be acceptable to the parties; and
22
(b) before the hearing of the review commences, the terms of the
23
agreement are:
24
(i) put in writing; and
25
(ii) signed by or on behalf of the parties; and
26
(iii) lodged with the SSAT; and
27
(c) before the hearing of the review commences, the SSAT is
28
satisfied that a decision in those terms, or consistent with
29
those terms, would be within the powers of the SSAT;
30
the SSAT may act in accordance with whichever of subsection (2)
31
or (3) is relevant.
32
(2) If the agreement reached is an agreement as to the terms of a
33
decision of the SSAT in the review, the SSAT may make a
34
Schedule 3 Social Security Appeals Tribunal
Part 1 Main amendments
18 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
decision in accordance with those terms without holding a hearing
1
of the review.
2
(3) If the agreement relates to a part of the review, or a matter arising
3
out of the review, the SSAT may in its decision in the review give
4
effect to the terms of the agreement without dealing at the hearing
5
of the review with the part or matter to which the agreement
6
relates.
7
8 Section 173
8
Repeal the section, substitute:
9
173 Presiding member at SSAT hearing
10
If the SSAT is constituted by 2 or more members for the purposes
11
of the review of a decision, the Principal Member must designate
12
one of those members as the member who is to preside at the
13
hearing of the review.
14
9 Before subsection 174(1)
15
Insert:
16
(1A) This section applies if the SSAT is constituted by 2 or more
17
members for the purposes of the review of a decision.
18
10 At the end of Division 4 of Part 4
19
Add:
20
Subdivision F--Correction of errors in decisions or statements
21
of reasons
22
177A Correction of errors in decisions or statements of reasons
23
Correction of errors
24
(1)
If:
25
(a) the SSAT makes a decision on a review; and
26
(b) the presiding member of the SSAT as constituted for the
27
purposes of the review, or the Principal Member, is satisfied
28
that there is an obvious error in:
29
(i) the text of the decision; or
30
Social Security Appeals Tribunal Schedule 3
Main amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 19
(ii) a written statement of reasons for the decision;
1
the presiding member or the Principal Member may alter the text
2
of the decision or statement.
3
(2) If the text of a decision or statement is altered under subsection (1),
4
the altered text is taken to be the decision of the SSAT or the
5
statement of reasons for the decision, as the case may be.
6
Examples of obvious errors
7
(3) Examples of obvious errors in the text of a decision or statement of
8
reasons are:
9
(a) an obvious clerical or typographical error in the text of the
10
decision or statement; and
11
(b) an inconsistency between the decision and the statement.
12
11 Subclause 10(1) of Schedule 3
13
Omit "members who are", substitute "member who is, or members who
14
are,".
15
12 Subclause 10(2) of Schedule 3
16
Omit "members who are", substitute "member who is, or members who
17
are,".
18
13 Subclause 10(3) of Schedule 3
19
Omit "members", substitute "member or members".
20
14 Subclause 12(1) of Schedule 3
21
Repeal the subclause, substitute:
22
(1) This clause applies if:
23
(a) the hearing of a review of a decision has been commenced or
24
completed by the SSAT; and
25
(b) before the matter to which the proceeding relates has been
26
determined, a member (the unavailable member) who
27
constitutes, or is one of the members who constitute, the
28
SSAT for the purposes of the review has:
29
(i) ceased to be a member; or
30
(ii) ceased to be available for the purposes of the review.
31
Schedule 3 Social Security Appeals Tribunal
Part 1 Main amendments
20 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Single member Tribunal
1
(1A) If the unavailable member constituted the SSAT for the purposes
2
of the review, the Principal Member must:
3
(a) give a direction under clause 10 reconstituting the SSAT for
4
the purposes of the review; and
5
(b)
either:
6
(i) direct that the hearing and determination, or the
7
determination, of the review must be completed by the
8
SSAT as so reconstituted; or
9
(ii) direct that the review must be reheard by the SSAT as
10
so reconstituted.
11
Multiple member Tribunal
12
(1B) If the unavailable member was one of the members who
13
constituted the SSAT for the purposes of the review:
14
(a) if the Principal Member does not give a direction under
15
clause 10 reconstituting the SSAT for the purposes of the
16
review--the hearing and determination, or the determination,
17
of the review must be completed by the SSAT constituted by
18
the remaining member or members; or
19
(b) if the Principal Member does give a direction under clause 10
20
reconstituting the SSAT for the purposes of the review--the
21
review must be reheard by the SSAT as so reconstituted.
22
Note:
The following heading to subclause 12(2) of Schedule 3 is inserted "Rehearing of
23
review".
24
15 After subclause 21(1) of Schedule 3
25
Insert:
26
(1A) A person who is, or has been, a member must not be required to
27
give evidence to a court in relation to any SSAT review of a
28
decision. For the purposes of this subclause, court includes any
29
tribunal, authority or person having power to require the
30
production of documents or the answering of questions.
31
16 Application
32
(1)
The amendments made by items 1 to 4 and 6 to 9 apply in relation to
33
applications for review made on or after the commencement of those
34
items.
35
Social Security Appeals Tribunal Schedule 3
Main amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 21
(2)
The amendments made by items 5 and 10 apply in relation to decisions
1
made on or after the commencement of those items.
2
(3)
The amendment made by item 14 applies in relation to hearings that
3
commence on or after the commencement of that item.
4
17 Saving--directions for constituting the SSAT
5
The amendments made by items 11, 12 and 13 do not affect the validity
6
of a direction given under subclause 10(1) of Schedule 3 to the Social
7
Security (Administration) Act 1999 before the commencement of those
8
items.
9
10
Schedule 3 Social Security Appeals Tribunal
Part 2 Other amendments
22 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Part 2--Other amendments
1
A New Tax System (Family Assistance) (Administration) Act
2
1999
3
18 Subsection 3(1) (definition of Executive Director)
4
Repeal the definition.
5
19 Subsection 3(1)
6
Insert:
7
Principal Member means the Principal Member of the Social
8
Security Appeals Tribunal.
9
20 Subsection 106(6)
10
Omit "Executive Director", substitute "Principal Member".
11
21 Subsections 118(2) and (4)
12
Omit "Executive Director", substitute "Principal Member".
13
22 Subsection 119(1)
14
Omit "Executive Director", substitute "Principal Member".
15
23 Subsections 119(2) and (3)
16
Omit "Executive Director" (wherever occurring), substitute "Principal
17
Member".
18
24 Subsection 119(4)
19
Omit "Executive Director", substitute "Principal Member".
20
25 Subsection 119(4)
21
Omit "Executive Director's", substitute "Principal Member's".
22
26 Paragraph 119(5)(c)
23
Omit "Executive Director", substitute "Principal Member".
24
27 Subsections 120(1) and (2)
25
Omit "Executive Director", substitute "Principal Member".
26
Social Security Appeals Tribunal Schedule 3
Other amendments Part 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 23
28 Subsections 121(1), (2) and (3)
1
Omit "Executive Director", substitute "Principal Member".
2
29 Subsection 122(1)
3
Omit "Executive Director" (wherever occurring), substitute "Principal
4
Member".
5
30 Paragraph 122(2)(b)
6
Omit "Executive Director", substitute "Principal Member".
7
31 Subsection 122(3)
8
Omit "Executive Director", substitute "Principal Member".
9
32 Subsections 123(4), (5) and (6)
10
Omit "Executive Director", substitute "Principal Member".
11
33 Subsections 125(1) and (2)
12
Omit "Executive Director" (wherever occurring), substitute "Principal
13
Member".
14
34 Subsection 126(2)
15
Omit "Executive Director", substitute "Principal Member".
16
35 Subsections 126(3) and (4)
17
Omit "Executive Director" (wherever occurring), substitute "Principal
18
Member".
19
36 Subsections 126(5) and (6)
20
Omit "Executive Director", substitute "Principal Member".
21
37 Subsection 126A(2)
22
Omit "Executive Director", substitute "Principal Member".
23
38 Subsections 126A(3) and (4)
24
Omit "Executive Director" (wherever occurring), substitute "Principal
25
Member".
26
39 Subsection 126A(5)
27
Schedule 3 Social Security Appeals Tribunal
Part 2 Other amendments
24 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Omit "Executive Director", substitute "Principal Member".
1
40 Subsection 128(1)
2
Omit "Executive Director", substitute "Principal Member".
3
41 Subsection 129(1)
4
Omit "Executive Director" (wherever occurring), substitute "Principal
5
Member".
6
42 Subsections 131(2) and (3)
7
Omit "Executive Director", substitute "Principal Member".
8
43 Subsection 133(1)
9
Omit "Executive Director", substitute "Principal Member".
10
44 Subsection 135(4)
11
Omit "Executive Director", substitute "Principal Member".
12
45 Subsection 136(1)
13
Omit "Executive Director" (wherever occurring), substitute "Principal
14
Member".
15
46 Subsection 136(2)
16
Omit "Executive Director", substitute "Principal Member".
17
47 Subsection 139(1)
18
Omit "Executive Director", substitute "Principal Member".
19
48 Subsection 141(2)
20
Omit "Executive Director", substitute "Principal Member".
21
49 Section 150
22
Omit "Executive Director", substitute "Principal Member".
23
50 Subsection 234(1)
24
Omit "Executive Director", substitute "Principal Member".
25
Social Security Appeals Tribunal Schedule 3
Other amendments Part 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 25
Child Support (Registration and Collection) Act 1988
1
51 Subsection 4(1) (definition of SSAT Executive Director)
2
Repeal the definition.
3
52 Subsection 4(1)
4
Insert:
5
SSAT Principal Member means the Principal Member of the
6
SSAT.
7
53 Subsection 91(1)
8
Omit "Executive Director", substitute "Principal Member".
9
54 Subsections 92(1), (1A), (3), (4) and (7)
10
Omit "Executive Director", substitute "Principal Member".
11
55 Paragraphs 93(aa) and (a)
12
Omit "Executive Director" (wherever occurring), substitute "Principal
13
Member".
14
56 Subsection 95(1)
15
Omit "Executive Director", substitute "Principal Member".
16
57 Subsection 95(2)
17
Omit "Executive Director" (wherever occurring), substitute "Principal
18
Member".
19
58 Subsections 95(3) and (4)
20
Omit "Executive Director", substitute "Principal Member".
21
59 Paragraphs 95(5)(c) and (6)(a)
22
Omit "Executive Director", substitute "Principal Member".
23
60 Subsection 96(2)
24
Omit "Executive Director", substitute "Principal Member".
25
61 Paragraph 96(3)(a)
26
Omit "Executive Director", substitute "Principal Member".
27
Schedule 3 Social Security Appeals Tribunal
Part 2 Other amendments
26 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
62 Paragraph 97(1)(c)
1
Omit "Executive Director", substitute "Principal Member".
2
63 Subsections 98(1), (2) and (3)
3
Omit "Executive Director", substitute "Principal Member".
4
64 Paragraph 99(3)(d)
5
Omit "Executive Director", substitute "Principal Member".
6
65 Subsections 100(1) and (2)
7
Omit "Executive Director" (wherever occurring), substitute "Principal
8
Member".
9
66 Subsection 101(2)
10
Omit "Executive Director", substitute "Principal Member".
11
Note:
The heading to subsection 101(2) is altered by omitting "Executive Director" and
12
substituting "Principal Member".
13
67 Subsection 101(4)
14
Omit "Executive Director", substitute "Principal Member".
15
68 Subsection 101(5)
16
Omit "Executive Director" (wherever occurring), substitute "Principal
17
Member".
18
Note:
The heading to subsection 101(5) is altered by omitting "Executive Director" and
19
substituting "Principal Member".
20
69 Subsection 102(1)
21
Omit "Executive Director" (wherever occurring), substitute "Principal
22
Member".
23
70 Paragraph 102(3)(b)
24
Omit "Executive Director", substitute "Principal Member".
25
71 Subsection 102(4)
26
Omit "Executive Director", substitute "Principal Member".
27
72 Subsections 103(1) and (2)
28
Omit "Executive Director", substitute "Principal Member".
29
Social Security Appeals Tribunal Schedule 3
Other amendments Part 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 27
73 Subsection 103A(1)
1
Omit "Executive Director" (wherever occurring), substitute "Principal
2
Member".
3
74 Subsection 103A(2)
4
Omit "Executive Director", substitute "Principal Member".
5
75 Subsection 103C(1) (note)
6
Omit "Executive Director", substitute "Principal Member".
7
76 Subsections 103C(3), (4) and (5)
8
Omit "Executive Director", substitute "Principal Member".
9
77 Subsections 103D(1) and (2)
10
Omit "Executive Director" (wherever occurring), substitute "Principal
11
Member".
12
78 Subsection 103E(1)
13
Omit "Executive Director", substitute "Principal Member".
14
79 Subsections 103E(2) and (3)
15
Omit "Executive Director" (wherever occurring), substitute "Principal
16
Member".
17
80 Subsections 103E(4) and (5)
18
Omit "Executive Director", substitute "Principal Member".
19
81 Subsection 103F(2)
20
Omit "Executive Director", substitute "Principal Member".
21
82 Subsections 103F(3) and (4)
22
Omit "Executive Director" (wherever occurring), substitute "Principal
23
Member".
24
83 Subsection 103J(1)
25
Omit "Executive Director", substitute "Principal Member".
26
84 Subsection 103K(1)
27
Schedule 3 Social Security Appeals Tribunal
Part 2 Other amendments
28 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Omit "Executive Director" (wherever occurring), substitute "Principal
1
Member".
2
85 Paragraph 103K(2)(a)
3
Omit "Executive Director", substitute "Principal Member".
4
86 Subsection 103L(1)
5
Omit "Executive Director" (wherever occurring), substitute "Principal
6
Member".
7
87 Subsections 103M(1) and (2)
8
Omit "Executive Director", substitute "Principal Member".
9
88 Subsection 103N(2) (note)
10
Omit "Executive Director", substitute "Principal Member".
11
89 Subsections 103P(2) and (3)
12
Omit "Executive Director", substitute "Principal Member".
13
90 Subsection 103Q(1)
14
Omit "Executive Director", substitute "Principal Member".
15
91 Paragraph 103Q(2)(a)
16
Omit "Executive Director", substitute "Principal Member".
17
92 Subsection 103ZA(1)
18
Omit "Executive Director", substitute "Principal Member".
19
Note:
The heading to subsection 103ZA(1) is altered by omitting "Executive Director" and
20
substituting "Principal Member".
21
93 Subsection 110H(2)
22
Omit "Executive Director", substitute "Principal Member".
23
94 Section 110K
24
Omit "Executive Director", substitute "Principal Member".
25
Social Security (Administration) Act 1999
26
95 Paragraph 9(1)(b)
27
Social Security Appeals Tribunal Schedule 3
Other amendments Part 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 29
Omit "Executive Director", substitute "Principal Member".
1
96 Subsection 9(2)
2
Omit "Executive Director", substitute "Principal Member".
3
97 Subsection 9(4)
4
Omit "Executive Director" (wherever occurring), substitute "Principal
5
Member".
6
98 Subsection 10(1)
7
Omit "Executive Director", substitute "Principal Member".
8
99 Subsection 128(1)
9
Omit "Executive Director", substitute "Principal Member".
10
Note:
The heading to section 128 is altered by omitting "Executive Director" and substituting
11
"Principal Member".
12
100 Subsections 156(2) and (4)
13
Omit "Executive Director", substitute "Principal Member".
14
101 Subsection 157(1)
15
Omit "Executive Director", substitute "Principal Member".
16
102 Subsections 157(2) and (3)
17
Omit "Executive Director" (wherever occurring), substitute "Principal
18
Member".
19
103 Subsection 157(4)
20
Omit "Executive Director", substitute "Principal Member".
21
104 Subsection 157(4)
22
Omit "Executive Director's", substitute "Principal Member's".
23
105 Paragraph 157(5)(c)
24
Omit "Executive Director", substitute "Principal Member".
25
106 Subsections 158(1) and (2)
26
Omit "Executive Director", substitute "Principal Member".
27
Schedule 3 Social Security Appeals Tribunal
Part 2 Other amendments
30 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
107 Subsections 159(1), (2) and (3)
1
Omit "Executive Director", substitute "Principal Member".
2
108 Subsection 160(1)
3
Omit "Executive Director" (wherever occurring), substitute "Principal
4
Member".
5
109 Paragraph 160(2)(b)
6
Omit "Executive Director", substitute "Principal Member".
7
110 Subsection 160(3)
8
Omit "Executive Director", substitute "Principal Member".
9
111 Subsections 161(4), (5) and (6)
10
Omit "Executive Director", substitute "Principal Member".
11
112 Subsections 162(1) and (2)
12
Omit "Executive Director" (wherever occurring), substitute "Principal
13
Member".
14
113 Subsection 163(1)
15
Omit "Executive Director", substitute "Principal Member".
16
114 Subsections 163(2) and (3)
17
Omit "Executive Director" (wherever occurring), substitute "Principal
18
Member".
19
115 Subsections 163(4) and (5)
20
Omit "Executive Director", substitute "Principal Member".
21
116 Subsection 163A(2)
22
Omit "Executive Director", substitute "Principal Member".
23
117 Subsections 163A(3) and (4)
24
Omit "Executive Director" (wherever occurring), substitute "Principal
25
Member".
26
118 Subsection 163A(5)
27
Social Security Appeals Tribunal Schedule 3
Other amendments Part 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 31
Omit "Executive Director", substitute "Principal Member".
1
119 Subsection 165(1)
2
Omit "Executive Director", substitute "Principal Member".
3
120 Subsection 166(1)
4
Omit "Executive Director" (wherever occurring), substitute "Principal
5
Member".
6
121 Subsections 168(2) and (3)
7
Omit "Executive Director", substitute "Principal Member".
8
122 Subsection 169(1)
9
Omit "Executive Director", substitute "Principal Member".
10
123 Subsection 171(4)
11
Omit "Executive Director", substitute "Principal Member".
12
124 Subsection 172(1)
13
Omit "Executive Director" (wherever occurring), substitute "Principal
14
Member".
15
125 Subsection 172(2)
16
Omit "Executive Director", substitute "Principal Member".
17
126 Subsection 175(1)
18
Omit "Executive Director", substitute "Principal Member".
19
127 Subsection 177(2)
20
Omit "Executive Director", substitute "Principal Member".
21
128 Section 187
22
Omit "Executive Director", substitute "Principal Member".
23
129 Paragraph 1(a) of Schedule 3
24
Repeal the paragraph, substitute:
25
(a) a Principal Member; and
26
130 Paragraph 1(b) of Schedule 3
27
Schedule 3 Social Security Appeals Tribunal
Part 2 Other amendments
32 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Omit "Directors", substitute "Senior Members".
1
131 After paragraph 1(b) of Schedule 3
2
Insert:
3
(ba) such number of Assistant Senior Members as are appointed
4
in accordance with this Act; and
5
132 Subclause 2(1) of Schedule 3
6
Omit "Executive Director", substitute "Principal Member".
7
Note:
The heading to clause 2 of Schedule 3 is altered by omitting "Executive Director" and
8
substituting "Principal Member".
9
133 Subclauses 2(2) and (3) of Schedule 3
10
Omit "Executive Director", substitute "Principal Member".
11
134 Subclause 3(2) of Schedule 3
12
Omit "Executive Director", substitute "Principal Member".
13
135 Paragraph 4(2)(a) of Schedule 3
14
Omit "Executive Director", substitute "Principal Member".
15
136 Subclauses 6(1) and (2) of Schedule 3
16
Omit "Executive Director" (wherever occurring), substitute "Principal
17
Member".
18
Note:
The heading to clause 6 of Schedule 3 is altered by omitting "Executive Director" and
19
substituting "Principal Member".
20
137 Subclause 7(1) of Schedule 3
21
Omit "a Director or a member referred to in paragraph 1(c) of this
22
Schedule", substitute "a member referred to in paragraph 1(b), (ba) or
23
(c) of this Schedule".
24
Note:
The heading to clause 7 of Schedule 3 is altered by omitting "Directors and".
25
138 Paragraph 7(1)(a) of Schedule 3
26
Omit "a Director or".
27
139 Paragraph 7(1)(b) of Schedule 3
28
Social Security Appeals Tribunal Schedule 3
Other amendments Part 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 33
Omit "a Director or such a member during any period, or during all
1
periods, when the Director or member", substitute "such a member
2
during any period, or during all periods, when the member".
3
140 Subclause 7(2) of Schedule 3
4
Omit "a Director or a member referred to in paragraph 1(c) of this
5
Schedule", substitute "a member referred to in paragraph 1(b), (ba) or
6
(c) of this Schedule".
7
141 Paragraph 7(2)(a) of Schedule 3
8
Omit "a Director or".
9
142 Paragraph 7(2)(b) of Schedule 3
10
Omit "a Director or such a member during any period, or during all
11
periods, when the Director or member", substitute "such a member
12
during any period, or during all periods, when the member".
13
143 Paragraphs 8(7)(a) and (b) of Schedule 3
14
Omit "Executive Director", substitute "Principal Member".
15
144 Paragraphs 8(7)(c) and (d) of Schedule 3
16
Omit "Director or".
17
145 Subclause 10(1) of Schedule 3
18
Omit "Executive Director", substitute "Principal Member".
19
146 Subclause 10(2) of Schedule 3
20
Omit "Executive Director", substitute "Principal Member".
21
147 Subclauses 14(2) and (3) of Schedule 3
22
Omit "Executive Director", substitute "Principal Member".
23
148 Subclause 15(1) of Schedule 3
24
Omit "Executive Director", substitute "Principal Member".
25
149 Subclause 15(2) of Schedule 3
26
Schedule 3 Social Security Appeals Tribunal
Part 2 Other amendments
34 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Omit "Executive Director directions as to the exercise of the Executive
1
Director's power under subclause (1), and the Executive Director",
2
substitute "Principal Member directions as to the exercise of the
3
Principal Member's power under subclause (1), and the Principal
4
Member".
5
150 Subclauses 17(9), (10) and (11) of Schedule 3
6
Omit "Executive Director", substitute "Principal Member".
7
151 Subclause 18(2) of Schedule 3
8
Omit "Executive Director" (wherever occurring), substitute "Principal
9
Member".
10
152 Clause 20 of Schedule 3
11
Omit "Executive Director" (wherever occurring), substitute "Principal
12
Member".
13
Note:
The heading to clause 20 of Schedule 3 is altered by omitting "Executive Director" and
14
substituting "Principal Member".
15
153 Subclause 22(1) of Schedule 3
16
Omit "Executive Director", substitute "Principal Member".
17
154 Subclause 25(1) of Schedule 3
18
Omit "Executive Director", substitute "Principal Member".
19
155 Schedule 4
20
Omit "Executive Director (or Director or member)", substitute
21
"Principal Member (or Senior Member or Assistant Senior Member or
22
member)".
23
156 Schedule 4
24
Omit "Executive Director (or Director or member)", substitute
25
"Principal Member (or Senior Member or Assistant Senior Member or
26
member)".
27
28
Social Security Appeals Tribunal Schedule 3
Transitional provisions Part 3
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 35
Part 3--Transitional provisions
1
157 Definitions
2
In this Part:
3
commencement day means the day this item commences.
4
Director means a Director of the SSAT.
5
Executive Director means the Executive Director of the SSAT.
6
Principal Member means the Principal Member of the SSAT.
7
Senior Member means a Senior Member of the SSAT.
8
SSAT means the Social Security Appeals Tribunal.
9
158 Existing members of the SSAT
10
Executive Director
11
(1)
The person holding office as the Executive Director under clause 3 of
12
Schedule 3 to the Social Security (Administration) Act 1999
13
immediately before the commencement day is taken, at the start of the
14
commencement day, to have been duly appointed as the Principal
15
Member by the Governor-General under that clause:
16
(a) for the balance of the person's term of appointment that
17
remained immediately before the commencement day; and
18
(b) on the same terms and conditions as applied to the person
19
immediately before the commencement day.
20
(2)
This item does not prevent those terms and conditions being varied on
21
or after the commencement day.
22
Directors
23
(3)
A person holding office as a Director under clause 3 of Schedule 3 to
24
the Social Security (Administration) Act 1999 immediately before the
25
commencement day is taken, at the start of the commencement day, to
26
have been duly appointed as a Senior Member by the Governor-General
27
under that clause:
28
(a) for the balance of the person's term of appointment that
29
remained immediately before the commencement day; and
30
(b) on the same terms and conditions as applied to the person
31
immediately before the commencement day.
32
Schedule 3 Social Security Appeals Tribunal
Part 3 Transitional provisions
36 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
(4)
This item does not prevent those terms and conditions being varied on
1
or after the commencement day.
2
Assistant Directors
3
(5) If:
4
(a) before the commencement day, a person was appointed under
5
clause 3 of Schedule 3 to the Social Security (Administration)
6
Act 1999 as a member of the SSAT referred to in paragraph
7
1(c) of that Schedule; and
8
(b) the person was described in the instrument of appointment as
9
an Assistant Director of the SSAT; and
10
(c) the appointment was in force immediately before the
11
commencement day;
12
the person is taken, at the start of the commencement day, to have been
13
duly appointed as an Assistant Senior Member by the Governor-General
14
under that clause:
15
(d) for the balance of the person's term of appointment that
16
remained immediately before the commencement day; and
17
(e) on the same terms and conditions as applied to the person
18
immediately before the commencement day.
19
(6)
This item does not prevent those terms and conditions being varied on
20
or after the commencement day.
21
159 Operation of laws
22
Things done by Executive Director taken to be done by Principal
23
Member
24
(1)
If, before the commencement day, a thing was done by, or in relation to,
25
the Executive Director, then, for the purposes of the operation of any
26
law of the Commonwealth on and after the commencement day, the
27
thing is taken to have been done by, or in relation to, the Principal
28
Member.
29
Things done by Director taken to be done by Senior Member
30
(2)
If, before the commencement day, a thing was done by, or in relation to,
31
a person in the capacity as a Director, then, for the purposes of the
32
operation of any law of the Commonwealth on and after the
33
Social Security Appeals Tribunal Schedule 3
Transitional provisions Part 3
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 37
commencement day, the thing is taken to have been done by, or in
1
relation to, the person in the capacity as a Senior Member.
2
Minister may provide otherwise
3
(3)
The Minister may, by writing, determine that subitem (1) or (2) does not
4
apply in relation to a specified thing.
5
Meaning of doing
6
(4)
To avoid doubt, for the purposes of this item, doing a thing includes
7
making an instrument.
8
Determinations are not legislative instruments
9
(5)
A determination made under subitem (3) is not a legislative instrument.
10
160 References in instruments
11
References to Executive Director taken to be references to
12
Principal Member
13
(1) If:
14
(a) an instrument is in force immediately before the
15
commencement day; and
16
(b) the instrument contains a reference to the Executive Director;
17
the instrument has effect from the commencement day as if the
18
reference were a reference to the Principal Member.
19
References to a Director taken to be references to Senior
20
Member
21
(2) If:
22
(a) an instrument is in force immediately before the
23
commencement day; and
24
(b) the instrument contains a reference to a Director;
25
the instrument has effect from the commencement day as if the
26
reference were a reference to a Senior Member.
27
Minister may provide otherwise
28
(3)
The Minister may, by writing, determine that subitem (1) or (2) does not
29
apply in relation to a specified reference.
30
Schedule 3 Social Security Appeals Tribunal
Part 3 Transitional provisions
38 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Determinations are not legislative instruments
1
(4)
A determination under subitem (3) is not a legislative instrument.
2
161 Substitution of Principal Member or Senior Member as a
3
party to pending proceedings
4
(1)
If any proceedings to which the Executive Director was a party were
5
pending in any court or tribunal immediately before the commencement
6
day, the Principal Member is substituted for the Executive Director,
7
from the commencement day, as a party to the proceedings.
8
(2)
If any proceedings to which a person, in the capacity as a Director, was
9
a party were pending in any court or tribunal immediately before the
10
commencement day, the person, in the capacity as a Senior Member, is
11
substituted for the Director, from the commencement day, as a party to
12
the proceedings.
13
162 Reviews by SSAT
14
If:
15
(a) before the commencement day, a person who was the
16
Executive Director or a Director was one of the members
17
who constituted the SSAT for the purposes of the review of a
18
decision; and
19
(b) the SSAT had not made its decision on the review before that
20
day;
21
then, from the commencement day, that person is taken to be one of the
22
members who constitute the SSAT for the purposes of the review in the
23
capacity as the Principal Member or a Senior Member, as the case may
24
be.
25
163 Regulations
26
(1)
The Governor-General may make regulations prescribing matters:
27
(a) required or permitted by this Part to be prescribed; or
28
(b) necessary or convenient to be prescribed for carrying out or
29
giving effect to this Part.
30
(2)
The regulations may prescribe matters of a transitional nature (including
31
prescribing any saving or application provisions) relating to the
32
amendments made by Part 2 of this Schedule.
33
34
Disposal of assets Schedule 4
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 39
Schedule 4--Disposal of assets
1
2
Social Security Act 1991
3
1 At the end of paragraph 9(4)(b)
4
Add "or an amount is included in the value of the person's assets in
5
respect of the disposal by section 1126E (so far as that section relates to
6
section 1126AA, 1126AB, 1126AC or 1126AD)".
7
2 Section 93UA
8
Omit "or 1126AD", substitute ", 1126AD or 1126E (so far as
9
section 1126E relates to section 1126AA, 1126AB, 1126AC or
10
1126AD)".
11
3 At the end of subsections 1126AA(2), 1126AB(2),
12
1126AC(2), 1126AD(2), 1126C(2) and 1126D(2)
13
Add:
14
Note:
See also section 1126E (about modification of this Division in respect
15
of certain assets).
16
4 After section 1126D
17
Insert:
18
1126E Modification of this Division in respect of certain assets
19
(1) This section applies if:
20
(a) in respect of a disposal (the relevant disposal) of an asset, an
21
amount (the current amount) is being included under this
22
Division (including because of this section) in the value of
23
the assets of a person (the affected person); and
24
(b) during the 5-year period referred to in subsection 1126AA(2),
25
1126AB(2), 1126AC(2), 1126AD(2), 1126C(2) or 1126D(2),
26
one of the following events happens:
27
(i) in the case of section 1126AA or 1126AB--the person
28
referred to in subsection 1126AA(1) or 1126AB(1)
29
acquires the asset or receives consideration for the asset;
30
(ii) in the case of section 1126AC or 1126AD--the person
31
referred to in paragraph 1126AC(1)(a) or 1126AD(1)(a),
32
or the person's partner, acquires the asset or receives
33
Schedule 4 Disposal of assets
40 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
consideration for the asset or they jointly acquire the
1
asset or jointly receive consideration for the asset;
2
(iii) in the case of section 1126C or 1126D--the relevant
3
person referred to in subsection 1126C(1) or 1126D(1)
4
acquires the asset or receives consideration for the asset;
5
and
6
(c) during that 5-year period, the Secretary is notified in writing
7
of the circumstances covered by paragraph (b).
8
(2) The Secretary may, having regard to the event, determine in
9
writing that:
10
(a) from the start of the day on which the notification occurs,
11
section 1126AA, 1126AB, 1126AC, 1126AD, 1126C or
12
1126D ceases to apply in respect of the relevant disposal; or
13
(b)
both:
14
(i) from the start of the day on which the notification
15
occurs, the current amount ceases to be included in the
16
value of the affected person's assets; and
17
(ii) from the start of the day on which the notification
18
occurs until the end of that 5-year period, an amount
19
specified in the determination (being an amount less
20
than the current amount) is to be included in the value
21
of the affected person's assets in respect of the relevant
22
disposal.
23
(3) The Secretary must give the affected person written notice of the
24
determination.
25
(4) A determination under subsection (2) is not a legislative
26
instrument.
27
5 Subparagraph 1129(1)(b)(i)
28
Omit "and 1126AD", substitute ", 1126AD and 1126E (so far as
29
section 1126E relates to sections 1126AA, 1126AB, 1126AC and
30
1126AD)".
31
6 Paragraph 1130(9)(a)
32
Omit "or 1126AD", substitute ", 1126AD or 1126E (so far as
33
section 1126E relates to section 1126AA, 1126AB, 1126AC or
34
1126AD)".
35
Disposal of assets Schedule 4
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 41
7 Subparagraph 1130B(1)(c)(i)
1
Omit "and 1126AD", substitute ", 1126AD and 1126E (so far as
2
section 1126E relates to sections 1126AA, 1126AB, 1126AC and
3
1126AD)".
4
8 Paragraph 1130C(8)(a)
5
Omit "or 1126AD", substitute ", 1126AD or 1126E (so far as
6
section 1126E relates to section 1126AA, 1126AB, 1126AC or
7
1126AD)".
8
9 Subparagraph 1131(1)(d)(i)
9
Omit "and 1126AD", substitute ", 1126AD and 1126E (so far as
10
section 1126E relates to sections 1126AA, 1126AB, 1126AC and
11
1126AD)".
12
10 Paragraph 1132(7)(a)
13
Omit "or 1126AD", substitute ", 1126AD or 1126E (so far as
14
section 1126E relates to section 1126AA, 1126AB, 1126AC or
15
1126AD)".
16
11 Application
17
Section 1126E of the Social Security Act 1991, as inserted by this Act,
18
applies in relation to an event referred to in paragraph 1126E(1)(b) of
19
that Act that occurs on or after the commencement of this item (whether
20
the disposal referred to in paragraph 1126E(1)(a) of that Act occurred
21
before, on or after that commencement).
22
23
Schedule 5 Controlled private trusts
42 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Schedule 5--Controlled private trusts
1
2
Social Security Act 1991
3
1 After paragraph 1207V(2)(c)
4
Insert:
5
(ca) it could reasonably be expected that the trustee of the trust
6
would make an application of the corpus or income of the
7
trust to the individual if the individual could not meet his or
8
her reasonable costs of living (within the meaning of
9
subsection 19C(5)); or
10
2 After paragraph 1207V(2)(d)
11
Insert:
12
(da) either or both of the following apply:
13
(i) the individual is eligible to receive an application of the
14
corpus or income of the trust;
15
(ii) one or more of the individual's associates are eligible to
16
receive an application of the corpus or income of the
17
trust;
18
and the aggregate number of entities covered by
19
subparagraphs (i) and (ii) is 50% or more of the total number
20
of entities eligible to receive an application of the corpus or
21
income of the trust; or
22
3 After subsection 1207V(2)
23
Insert:
24
(2A) For the purposes of paragraph (2)(da), an entity is eligible to
25
receive an application of the corpus or income of the trust if the
26
trustee of the trust has a discretion to make an application of the
27
corpus or income of the trust to the entity.
28
(2B) For the purposes of applying paragraph (2)(da) at a particular time,
29
subparagraph (2)(da)(i) is taken to apply at that particular time to
30
the individual if the individual was eligible to receive an
31
application of the corpus or income of the trust at any time during:
32
Controlled private trusts Schedule 5
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 43
(a) the period beginning at the start of the financial year in which
1
that particular time occurs and ending at that particular time;
2
or
3
(b) the preceding financial year.
4
(2C) For the purposes of applying paragraph (2)(da) at a particular time,
5
subparagraph (2)(da)(ii) is taken to apply at that particular time to
6
an entity that is an associate of the individual at that particular time
7
if:
8
(a) the entity was eligible to receive an application of the corpus
9
or income of the trust at any time during:
10
(i) the period beginning at the start of the financial year in
11
which that particular time occurs and ending at that
12
particular time; or
13
(ii) the preceding financial year; and
14
(b) the entity was an associate of the individual at the time the
15
entity was so eligible.
16
(2D) For the purposes of applying paragraph (2)(da) at a particular time,
17
in working out the total number of entities eligible to receive an
18
application of the corpus or income of the trust, take into account
19
an entity that was eligible to receive an application of the corpus or
20
income of the trust at any time during:
21
(a) the period beginning at the start of the financial year in which
22
that particular time occurs and ending at that particular time;
23
or
24
(b) the preceding financial year.
25
(2E) No paragraph of subsection (2) limits any other paragraph of that
26
subsection.
27
Veterans' Entitlements Act 1986
28
4 After paragraph 52ZZH(2)(c)
29
Insert:
30
(ca) it could reasonably be expected that the trustee of the trust
31
would make an application of the corpus or income of the
32
trust to the individual if the individual could not meet his or
33
her reasonable costs of living; or
34
5 After paragraph 52ZZH(2)(d)
35
Schedule 5 Controlled private trusts
44 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Insert:
1
(da) either or both of the following apply:
2
(i) the individual is eligible to receive an application of the
3
corpus or income of the trust;
4
(ii) one or more of the individual's associates are eligible to
5
receive an application of the corpus or income of the
6
trust;
7
and the aggregate number of entities covered by
8
subparagraphs (i) and (ii) is 50% or more of the total number
9
of entities eligible to receive an application of the corpus or
10
income of the trust; or
11
6 After subsection 52ZZH(2)
12
Insert:
13
(2A) For the purposes of paragraph (2)(da), an entity is eligible to
14
receive an application of the corpus or income of the trust if the
15
trustee of the trust has a discretion to make an application of the
16
corpus or income of the trust to the entity.
17
(2B) For the purposes of applying paragraph (2)(da) at a particular time,
18
subparagraph (2)(da)(i) is taken to apply at that particular time to
19
the individual if the individual was eligible to receive an
20
application of the corpus or income of the trust at any time during:
21
(a) the period beginning at the start of the tax year in which that
22
particular time occurs and ending at that particular time; or
23
(b) the preceding tax year.
24
(2C) For the purposes of applying paragraph (2)(da) at a particular time,
25
subparagraph (2)(da)(ii) is taken to apply at that particular time to
26
an entity that is an associate of the individual at that particular time
27
if:
28
(a) the entity was eligible to receive an application of the corpus
29
or income of the trust at any time during:
30
(i) the period beginning at the start of the tax year in which
31
that particular time occurs and ending at that particular
32
time; or
33
(ii) the preceding tax year; and
34
(b) the entity was an associate of the individual at the time the
35
entity was so eligible.
36
Controlled private trusts Schedule 5
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 45
(2D) For the purposes of applying paragraph (2)(da) at a particular time,
1
in working out the total number of entities eligible to receive an
2
application of the corpus or income of the trust, take into account
3
an entity that was eligible to receive an application of the corpus or
4
income of the trust at any time during:
5
(a) the period beginning at the start of the tax year in which that
6
particular time occurs and ending at that particular time; or
7
(b) the preceding tax year.
8
(2E) No paragraph of subsection (2) limits any other paragraph of that
9
subsection.
10
11
Schedule 6 Baby bonus
46 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Schedule 6--Baby bonus
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 At the end of Division 3 of Part 3
5
Add:
6
47B Claimant for payment of baby bonus to notify changes in care
7
of the child
8
(1) This section applies if:
9
(a) an individual makes a claim for payment of baby bonus in
10
normal circumstances, based on eligibility for baby bonus
11
under subsection 36(2) or (3) of the Family Assistance Act;
12
and
13
(b) there is a change in the care of the child after the individual
14
makes the claim and before the end of the period of:
15
(i) if the claim is based on eligibility for baby bonus under
16
subsection 36(2) of that Act--26 weeks beginning on
17
the day of the child's birth; and
18
(ii) if the claim is based on eligibility for baby bonus under
19
subsection 36(3) of that Act--26 weeks beginning on
20
the day the child is entrusted to care as mentioned in
21
paragraph 36(3)(b) of that Act; and
22
(c) the child ceases to be an FTB child of the individual as a
23
result of that change in care; and
24
(d) before or after that change in care, the Secretary gives the
25
individual a notice (the entitlement notice) under section 46
26
of this Act stating that the individual is entitled to be paid the
27
baby bonus.
28
(2) The individual must notify the Secretary of that change in care:
29
(a) in the manner set out in a written notice given to the
30
individual under section 47C; and
31
(b) as soon as practicable after:
32
(i) if that change in care occurs before the individual
33
receives the entitlement notice--receiving the
34
entitlement notice; and
35
Baby bonus Schedule 6
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 47
(ii) if that change in care occurs after the individual receives
1
the entitlement notice--that change in care.
2
47C Secretary's power to approve a manner of notification
3
(1) The Secretary must approve a manner of notification that an
4
individual is to use when notifying the Secretary under section 47B
5
of a change in care of a child.
6
(2) The Secretary must, by written notice, notify the individual of the
7
approved manner of notification.
8
2 Application
9
The amendment made by item 1 applies in relation to claims made on or
10
after the commencement of that item.
11
12
Schedule 7 Other amendments
48 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Schedule 7--Other amendments
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Subsection 3(1) (subparagraph (a)(iii) of the definition of
4
maintenance income)
5
Omit "a parent of the child, or the partner or former partner of a parent
6
of the child", substitute "a parent or relationship parent of the child, or
7
the former partner of a parent or relationship parent of the child".
8
2 Subsection 3(1) (paragraph (b) of the definition of
9
maintenance income)
10
Omit "individual's partner or former partner", substitute "individual's
11
former partner".
12
3 Subsection 3(1) (subparagraphs (c)(i) and (ii) of the
13
definition of maintenance income)
14
Repeal the subparagraphs, substitute:
15
(i) a parent or relationship parent of the child; or
16
(ii) the former partner of a parent or relationship parent of
17
the child;
18
4 Subsection 3(1) (paragraph (b) of the definition of
19
receiving)
20
After "clauses 1", insert ", 28B".
21
5 Paragraph 3AA(1)(b)
22
After "clauses 1", insert ", 28B".
23
6 Subparagraphs 19(3)(d)(i) and (ii)
24
Repeal the subparagraphs, substitute:
25
(i) a parent or relationship parent of the child; or
26
(ii) the former partner of a parent or relationship parent of
27
the child.
28
7 Paragraph 8(2)(b) of Schedule 3
29
Other amendments Schedule 7
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 49
Omit "payer's natural or adopted child", substitute "payer's natural,
1
adopted or relationship child".
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
8 At the end of section 10
5
Add:
6
(5) Paragraph (4)(f) does not apply if, at the time the claim for
7
payment of family tax benefit for a past period is made, subsection
8
32AE(2) or (3) applies in respect of the claimant or the claimant's
9
partner.
10
Corporations (Aboriginal and Torres Strait Islander) Act
11
2006
12
9 Subsection 1-10(1)
13
Omit "subsections 516-1(3), 521-1(3), 526-35(3) and 526-40(3)",
14
substitute "sections 516-1, 521-1, 526-35 and 526-40".
15
10 Paragraph 42-10(1)(a)
16
Omit "his or her", substitute "the person's".
17
11 Section 57-5 (before table item 1)
18
Insert:
19
20
1A
Chapter 3--Basic features of an Aboriginal
and Torres Strait Islander corporation
Resolution of disputes
subsection 66-1(3A)
12 Section 57-5 (table item 9)
21
Repeal the item.
22
13 Paragraph 138-1(1)(b)
23
Omit "his or her", substitute "the person's".
24
14 Subsection 138-1(2)
25
Omit "his or her", substitute "the person's".
26
Schedule 7 Other amendments
50 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
15 Paragraph 150-20(1)(b)
1
Omit "his or her", substitute "the member's".
2
16 At the end of section 150-35
3
Add:
4
Strict liability offence
5
(5) An offence against subsection (4) is an offence of strict liability.
6
Note:
For strict liability, see section 6.1 of the Criminal Code.
7
17 Paragraph 201-25(1)(d)
8
Omit "officer", substitute "person".
9
18 Subsection 220-10(7)
10
Omit "subsection (3), (4) or (5)", substitute "subsection (3), (5) or (6)".
11
19 Section 262-1
12
Omit "section 558G", substitute "section 588G".
13
20 Subsection 279-1(1)
14
After "managing Aboriginal and Torres Strait", insert "Islander".
15
21 Subparagraphs 333-5(4A)(a)(i) and (ii)
16
Omit "1 June", substitute "1 July".
17
22 Paragraph 456-10(1)(a)
18
Omit "or" (second occurring).
19
23 Paragraph 546-5(1)(a)
20
Omit "return" (wherever occurring), substitute "report".
21
24 Subsection 589-5(8)
22
After "of a State", insert ", the Australian Capital Territory".
23
25 Section 604-20
24
Omit "section 658-10", substitute "this Act".
25
26 Application
26
Other amendments Schedule 7
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009 51
(1)
The amendment made by item 16 applies in relation to cancellations
1
occurring on or after the commencement of that item.
2
(2)
The amendment made by item 21 applies in relation to registrations
3
occurring on or after the commencement of that item.
4
(3)
The amendment made by item 25 applies in relation to uses and
5
disclosures of protected information on or after the commencement of
6
that item (whether the persons were engaged as consultants before, on
7
or after that commencement).
8
Social Security Act 1991
9
27 Subsections 94(4A) and (4B)
10
Repeal the subsections.
11
28 Point 1064-A1 (note 2)
12
Repeal the note, substitute:
13
Note 2:
Section 1210 deals with the application of income and assets test
14
reductions.
15
29 Point 1064-A1 (note 6)
16
Repeal the note.
17
30 Point 1066-A1 (note 2)
18
Repeal the note, substitute:
19
Note 2:
Section 1210 deals with the application of income and assets test
20
reductions.
21
31 Point 1066-A1 (note 5)
22
Repeal the note.
23
32 Point 1066A-A1 (note 2)
24
Repeal the note, substitute:
25
Note 2:
Section 1210 deals with the application of income and assets test
26
reductions.
27
33 Point 1066A-A1 (note 5)
28
Repeal the note.
29
Schedule 7 Other amendments
52 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (2009 Measures) Bill 2009 No. , 2009
Social Security (Administration) Act 1999
1
34 Paragraph 129(4)(b)
2
Repeal the paragraph.
3
35 Paragraph 144(l)
4
Repeal the paragraph.
5

 

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