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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 (ELECTION COMMITMENTS AND OTHER MEASURES) BILL 2011

2010-2011
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 (Election
Commitments and Other Measures) Bill
2011
No. , 2011
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the law relating to
family assistance, social security, taxation and
veterans' entitlements, and for related purposes
i Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
3
Schedule 1--Work bonus
5
Social Security Act 1991
5
Veterans' Entitlements Act 1986
9
Schedule 2--Increasing FTB child rates for certain teenagers in
secondary study
15
Part 1--Amendments
15
A New Tax System (Family Assistance) Act 1999
15
A New Tax System (Family Assistance) (Administration) Act 1999
19
Social Security Act 1991
20
Part 2--Application and transitional provisions
22
Schedule 3--Baby bonus
23
A New Tax System (Family Assistance) (Administration) Act 1999
23
Schedule 4--Thalidomide payments
25
Part 1--Main amendments
25
Income Tax Assessment Act 1997
25
Social Security Act 1991
26
Veterans' Entitlements Act 1986
27
Part 2--Amendments commencing on 1 July 2014
28
Income Tax Assessment Act 1997
28
Schedule 5--Income management
29
Part 1--General amendments
29
A New Tax System (Family Assistance) (Administration) Act 1999
29
Social Security Act 1991
29
Social Security (Administration) Act 1999
29
Part 2--Part 3B payment nominee amendments
36
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 ii
Social Security (Administration) Act 1999
36
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 1
A Bill for an Act to amend the law relating to
1
family assistance, social security, taxation and
2
veterans' entitlements, 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
(Election Commitments and Other Measures) Act 2011.
8
2 Commencement
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 (Election Commitments and Other Measures) Bill 2011 No. , 2011
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 this Act receives the Royal Assent.
2. Schedule 1,
items 1 and 2
1 July 2011.
1 July 2011
3. Schedule 1,
item 3
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 2;
and
(b) immediately after the commencement of
Schedule 6 to the Families, Housing,
Community Services and Indigenous
Affairs and Other Legislation
Amendment (Budget and Other
Measures) Act 2011.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 1,
items 4 to 7
1 July 2011.
1 July 2011
5. Schedule 1,
item 8
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 4;
and
(b) immediately after the commencement of
Schedule 6 to the Families, Housing,
Community Services and Indigenous
Affairs and Other Legislation
Amendment (Budget and Other
Measures) Act 2011.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
6. Schedule 1,
1 July 2011.
1 July 2011
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
items 9 to 12
7. Schedule 2,
items 1 to 3
1 January 2012.
1 January 2012
8. Schedule 2,
item 4
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 7;
and
(b) the start of the day that Schedule 5 to the
Families, Housing, Community Services
and Indigenous Affairs and Other
Legislation Amendment (Budget and
Other Measures) Act 2011 commences.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
9. Schedule 2,
items 5 to 17
1 January 2012.
1 January 2012
10. Schedule 3
1 July 2011.
1 July 2011
11. Schedule 4,
items 1 to 9
The day this Act receives the Royal Assent.
12. Schedule 4,
items 10 and 11
1 July 2014.
1 July 2014
13. Schedule 5
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be 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
4 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Work bonus Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 5
Schedule 1--Work bonus
1
2
Social Security Act 1991
3
1 Subsections 1073AA(2) to (4)
4
Repeal the subsections, substitute:
5
Employment income greater than or equal to income concession
6
amount
7
(2) If the person's employment income for an instalment period is
8
greater than or equal to the income concession amount for that
9
period, then, for the purposes of Module E of that Rate Calculator,
10
the amount of the person's employment income for that period is
11
reduced by an amount equal to the income concession amount.
12
Example 1: David earns $2,250 of employment income in an instalment period of
13
14 days. David's rate of social security pension for that period is
14
greater than nil.
15
David's employment income for that period is reduced by $250,
16
leaving David $2,000 of employment income for that period.
17
Example 2: Amy earns $1,000 of employment income in an instalment period of
18
14 days. Amy's rate of social security pension for that period is
19
greater than nil.
20
Amy's employment income for that period is reduced by $250,
21
leaving Amy $750 of employment income for that period.
22
(3) If the person's unused concession balance (see section 1073AB) is
23
greater than or equal to the amount (the current amount) of the
24
person's employment income that remains after applying
25
subsection (2) of this section in relation to an instalment period:
26
(a) for the purposes of Module E of that Rate Calculator, the
27
person's employment income for that period is further
28
reduced to nil; and
29
(b) if the person's rate of social security pension for that period
30
is greater than nil--the person's unused concession balance
31
is reduced by an amount equal to the current amount.
32
Example 1: To continue example 1 in subsection (2), assume David's unused
33
concession balance is $2,000. The current amount is $2,000.
34
David's employment income for that period is further reduced to nil.
35
David's unused concession balance is now nil.
36
Schedule 1 Work bonus
6 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Example 2: To continue example 2 in subsection (2), assume Amy's unused
1
concession balance is $1,600. The current amount is $750.
2
Amy's employment income for that period is further reduced to nil.
3
Amy's unused concession balance is now $850.
4
(4) If the person's unused concession balance (see section 1073AB) is
5
greater than nil but less than the amount of the person's
6
employment income that remains after applying subsection (2) of
7
this section in relation to an instalment period:
8
(a) for the purposes of Module E of that Rate Calculator, the
9
person's employment income for that period is further
10
reduced by an amount equal to that unused concession
11
balance; and
12
(b) if the person's rate of social security pension for that period
13
is greater than nil--the person's unused concession balance
14
is reduced to nil.
15
Example: Bill earns $1,250 of employment income in an instalment period of 14
16
days. Bill's rate of social security pension for that period is greater
17
than nil.
18
Under subsection (2), Bill's employment income for that period is
19
reduced by $250, leaving Bill $1,000 of employment income for that
20
period.
21
Assume Bill's unused concession balance is $800.
22
Under subsection (4), Bill's employment income for that period is
23
further reduced by $800 leaving Bill $200 of employment income for
24
that period.
25
Bill's unused concession balance is now nil.
26
Employment income less than income concession amount
27
(4A) If the person has employment income for an instalment period but
28
that income is less than the income concession amount for that
29
period:
30
(a) for the purposes of Module E of that Rate Calculator, the
31
person's employment income for that period is reduced to nil;
32
and
33
(b) if the person's rate of social security pension for that period
34
is greater than nil--the person's unused concession balance
35
(see section 1073AB) is increased, subject to subsection
36
1073AB(2), by an amount equal to the difference between
37
Work bonus Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 7
that income concession amount and that employment income
1
(before it was reduced).
2
Example: Emma earns $100 of employment income in an instalment period of
3
14 days. Emma's rate of social security pension for that period is
4
greater than nil.
5
Emma's employment income for that period is reduced to nil.
6
Emma's unused concession balance is increased by $150.
7
No employment income
8
(4B)
If:
9
(a) the person has no employment income for an instalment
10
period; and
11
(b) the person's rate of social security pension for that period is
12
greater than nil;
13
the person's unused concession balance (see section 1073AB) is
14
increased, subject to subsection 1073AB(2), by an amount equal to
15
the income concession amount for that period.
16
Definition
17
(4C)
The
income concession amount is:
18
(a) for an instalment period of 14 days--$250; and
19
(b) for an instalment period of less than 14 days--the amount
20
worked out using the following formula:
21
Number of days in the instalment period
$250
14
×
22
2 Subsection 1073AA(6) (examples 1 and 2)
23
Repeal the examples.
24
3 Subsection 1073AA(8)
25
Repeal the subsection, substitute:
26
(8)
If:
27
(a) the person is a member of a couple; and
28
(b) the person's partner's employment income (within the
29
meaning of section 46AB of the Veterans' Entitlements Act
30
Schedule 1
Work bonus
8 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
1986) is reduced by one or more amounts (each of which is a
1
reduction amount) under section 46AA of that Act;
2
then, in applying point 1064-E2 or point 1066-E2 (whichever is
3
relevant), the ordinary income of the person's partner is to be
4
reduced by an amount equal to the total of the reduction amounts.
5
4 At the end of Division 1AAA of Part 3.10
6
Add:
7
1073AB Unused concession balance
8
Initial unused concession balance of nil
9
(1) A person has an unused concession balance of nil on the first day
10
that is after 30 June 2011 and is a day on which section 1073AA
11
applies to the person.
12
Maximum unused concession balance
13
(2) If, apart from this subsection, the person's unused concession
14
balance would exceed $6,500, that balance is instead taken to be
15
$6,500.
16
Example: John has an unused concession balance of $6,400. John earns $50 of
17
employment income in an instalment period of 14 days.
18
Instead of John's unused concession balance increasing to $6,600
19
under subsection 1073AA(4A), John's unused concession balance
20
increases to $6,500.
21
Effect of ceasing to receive social security pension
22
(3) If the person ceases to receive the social security pension referred
23
to in paragraph 1073AA(1)(a), the person retains the person's
24
unused concession balance immediately before that cessation.
25
Note:
If section 1073AA applies to the person again, the person's unused
26
concession balance will be that retained balance.
27
5 Application
28
The amendments made by items 1, 2 and 4 apply in relation to the
29
instalment period that includes 1 July 2011 and later instalment periods.
30
Work bonus Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 9
Veterans' Entitlements Act 1986
1
6 Subsections 46AA(2) to (4)
2
Repeal the subsections, substitute:
3
Employment income greater than or equal to income concession
4
amount
5
(2) If the person's employment income for a pension period is greater
6
than or equal to the income concession amount for that period,
7
then, for the purposes of Module E of that Rate Calculator, the
8
amount of the person's employment income for that period is
9
reduced by an amount equal to the income concession amount.
10
Note: For
employment income see section 46AB.
11
Example 1: David earns $2,250 of employment income in a pension period.
12
David's rate of service pension or income support supplement for that
13
period is greater than nil.
14
David's employment income for that period is reduced by $250,
15
leaving David $2,000 of employment income for that period.
16
Example 2: Amy earns $1,000 of employment income in a pension period. Amy's
17
rate of service pension or income support supplement for that period is
18
greater than nil.
19
Amy's employment income for that period is reduced by $250,
20
leaving Amy $750 of employment income for that period.
21
(3) If the person's unused concession balance (see section 46AC) is
22
greater than or equal to the amount (the current amount) of the
23
person's employment income that remains after applying
24
subsection (2) of this section in relation to a pension period:
25
(a) for the purposes of Module E of that Rate Calculator, the
26
person's employment income for that period is further
27
reduced to nil; and
28
(b) if the person's rate of service pension or income support
29
supplement for that period is greater than nil--the person's
30
unused concession balance is reduced by an amount equal to
31
the current amount.
32
Example 1: To continue example 1 in subsection (2), assume David's unused
33
concession balance is $2,000. The current amount is $2,000.
34
David's employment income for that period is further reduced to nil.
35
David's unused concession balance is now nil.
36
Schedule 1
Work bonus
10 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Example 2: To continue example 2 in subsection (2), assume Amy's unused
1
concession balance is $1,600. The current amount is $750.
2
Amy's employment income for that period is further reduced to nil.
3
Amy's unused concession balance is now $850.
4
(4) If the person's unused concession balance (see section 46AC) is
5
greater than nil but less than the amount of the person's
6
employment income that remains after applying subsection (2) of
7
this section in relation to a pension period:
8
(a) for the purposes of Module E of that Rate Calculator, the
9
person's employment income for that period is further
10
reduced by an amount equal to that unused concession
11
balance; and
12
(b) if the person's rate of service pension or income support
13
supplement for that period is greater than nil--the person's
14
unused concession balance is reduced to nil.
15
Example: Bill earns $1,250 of employment income in a pension period. Bill's
16
rate of service pension or income support supplement for that period is
17
greater than nil.
18
Under subsection (2), Bill's employment income for that period is
19
reduced by $250, leaving Bill $1,000 of employment income for that
20
period.
21
Assume Bill's unused concession balance is $800.
22
Under subsection (4), Bill's employment income for that period is
23
further reduced by $800 leaving Bill $200 of employment income for
24
that period.
25
Bill's unused concession balance is now nil.
26
Employment income less than income concession amount
27
(4A) If the person has employment income for a pension period but that
28
income is less than the income concession amount for that period:
29
(a) for the purposes of Module E of that Rate Calculator, the
30
person's employment income for that period is reduced to nil;
31
and
32
(b) if the person's rate of service pension or income support
33
supplement for that period is greater than nil--the person's
34
unused concession balance (see section 46AC) is increased,
35
subject to subsection 46AC(2), by an amount equal to the
36
difference between that income concession amount and that
37
employment income (before it was reduced).
38
Work bonus Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 11
Note: For
employment income see section 46AB.
1
Example: Emma earns $100 of employment income in a pension period.
2
Emma's rate of service pension or income support supplement for that
3
period is greater than nil.
4
Emma's employment income for that period is reduced to nil.
5
Emma's unused concession balance is increased by $150.
6
No employment income
7
(4B)
If:
8
(a) the person has no employment income for a pension period;
9
and
10
(b) the person's rate of service pension or income support
11
supplement for that period is greater than nil;
12
the person's unused concession balance (see section 46AC) is
13
increased, subject to subsection 46AC(2), by an amount equal to
14
the income concession amount for that period.
15
Note: For
employment income see section 46AB.
16
Definition
17
(4C)
The
income concession amount for a pension period is $250.
18
7 Subsection 46AA(5) (examples 1 and 2)
19
Repeal the examples.
20
8 Subsection 46AA(5A)
21
Repeal the subsection, substitute:
22
(5A)
If:
23
(a) the person is a member of a couple; and
24
(b) the person's partner's employment income (within the
25
meaning of the Social Security Act 1991) is reduced by one
26
or more amounts (each of which is a reduction amount)
27
under section 1073AA of that Act;
28
then, in applying point SCH6-E3 of Schedule 6, the
29
ordinary/adjusted income of the person's partner is to be reduced
30
by an amount equal to the total of the reduction amounts.
31
9 Subsection 46AA(6)
32
Schedule 1
Work bonus
12 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Repeal the subsection, substitute:
1
(6) This section is subject to section 46AD (about no double income
2
reductions under this section and section 115G).
3
10 At the end of Division 1A of Part IIIB
4
Add:
5
46AC Unused concession balance
6
Initial unused concession balance of nil
7
(1) A person has an unused concession balance of nil on the first day
8
that is after 30 June 2011 and is a day on which section 46AA
9
applies to the person.
10
Maximum unused concession balance
11
(2) If, apart from this subsection, the person's unused concession
12
balance would exceed $6,500, that balance is instead taken to be
13
$6,500.
14
Example: John has an unused concession balance of $6,400. John earns $50 of
15
employment income in a pension period.
16
Instead of John's unused concession balance increasing to $6,600
17
under subsection 46AA(4A), John's unused concession balance
18
increases to $6,500.
19
Effect of ceasing to receive service pension or income support
20
supplement
21
(3) If the person ceases to receive service pension or income support
22
supplement, the person retains the person's unused concession
23
balance immediately before that cessation.
24
Note:
If section 46AA applies to the person again, the person's unused
25
concession balance will be that retained balance.
26
46AD No double income reductions under sections 46AA and 115G
27
Scope
28
(1) This section applies if, apart from this section:
29
Work bonus Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 13
(a) an amount (the initial amount) would be an excluded amount
1
under subsection 115G(1) or (2) in respect of a veteran and a
2
pension period; and
3
(b) the veteran's employment income would be reduced by one
4
or more amounts (each of which is a reduction amount)
5
under section 46AA in relation to that period.
6
Income reduction under section 46AA
7
(2) If the total of the reduction amounts is more than the initial
8
amount:
9
(a) subsection 115G(1) or (2), as the case may be, does not apply
10
in relation to that veteran and that period; and
11
(b) subsections 46AA(2) to (4A) do apply in relation to that
12
veteran and that period.
13
Income reduction under section 115G
14
(3) If the total of the reduction amounts is less than or equal to the
15
initial amount:
16
(a) subsections 46AA(2) to (4A) do not apply to reduce the
17
veteran's employment income in relation to that period, but
18
they do apply for the purposes of working out any adjustment
19
to the veteran's unused concession balance in relation to that
20
period (as if those reductions had occurred); and
21
(b) subsection 115G(1) or (2), as the case may be, does apply in
22
relation to that veteran and that period.
23
Note:
Subsections 115G(1) and (2) are about excluding income amounts for
24
certain veterans.
25
Example: Jim earns $100 of employment income in a pension period. Jim's rate
26
of service pension or income support supplement for that period is
27
greater than nil. Assume Jim also has an amount of $100 worked out
28
under subsection 115G(1) in relation to that period.
29
There is no reduction in Jim's employment income under
30
section 46AA for that period, but $100 is excluded under subsection
31
115G(1).
32
Under subsection 46AA(4A), Jim's unused concession balance is
33
increased by $150.
34
11 Subsection 115G(4)
35
Repeal the subsection, substitute:
36
Schedule 1
Work bonus
14 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
(4) This section is subject to section 46AD (about no double income
1
reductions under this section and section 46AA).
2
12 Application
3
The amendments made by items 6, 7, 9, 10 and 11 apply in relation to
4
the pension period that includes 1 July 2011 and later pension periods.
5
6
Increasing FTB child rates for certain teenagers in secondary study Schedule 2
Amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 15
Schedule 2--Increasing FTB child rates for
1
certain teenagers in secondary study
2
Part 1--Amendments
3
A New Tax System (Family Assistance) Act 1999
4
1 Subsection 3(1)
5
Insert:
6
senior secondary school child has the meaning given by
7
section 22B.
8
2 Subsection 22A(1) (paragraph (a) of the cell at table item 2,
9
column headed "then the individual cannot be an FTB
10
child of the adult if:")
11
Before "the individual", insert "if the individual is not a senior
12
secondary school child--".
13
3 After section 22A
14
Insert:
15
22B Meaning of senior secondary school child
16
(1) An individual is a senior secondary school child if:
17
(a) the following requirement is satisfied:
18
(i) for the purposes of subclause 29(3) or 36(2) of
19
Schedule 1--the individual is aged 16 or 17 or is aged
20
18 and the calendar year in which the individual turned
21
18 has not ended;
22
(ii) for the purposes of any other provision of this Act--the
23
individual is aged 16, 17 or 18 or is aged 19 and the
24
calendar year in which the individual turned 19 has not
25
ended; and
26
(b) one of the following applies:
27
(i) the individual is undertaking full-time study in an
28
approved course of education or study that would, in the
29
Secretary's opinion, assist or allow the individual to
30
Schedule 2
Increasing FTB child rates for certain teenagers in secondary study
Part 1
Amendments
16 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
complete the final year of secondary school or an
1
equivalent level of education;
2
(ii) except for the purposes of subsection 22A(1) or 35(1) of
3
this Act or paragraph 32L(1)(aa) of the Family
4
Assistance Administration Act--the individual is
5
exempt from the FTB activity test.
6
(2) Subsection 17B(3) applies in relation to subsection (1) of this
7
section in the same way as it applies in relation to subsection
8
17B(1).
9
(3) If, apart from this subsection, an individual would cease to be a
10
senior secondary school child because the individual completes the
11
final year of secondary school or an equivalent level of education,
12
then the individual is taken to be a senior secondary school child
13
until the end of:
14
(a) if the day the individual completes that final year of
15
secondary school or equivalent level of education is in
16
December in a calendar year--31 December of that year; or
17
(b) if the day the individual completes that final year of
18
secondary school or equivalent level of education is before
19
December--the period of 28 days beginning on the day after
20
that day.
21
(4)
An
individual
completes the final year of secondary school or an
22
equivalent level of education on the day worked out in accordance
23
with the following table:
24
25
Completion day
Item
In this situation:
The day is:
1
The individual was not
required to sit an
examination in relation
to that final year or that
equivalent level of
education
The day determined by the secondary
school to be the last day of classes for that
year or by the provider of that education to
be the last day of classes for that level of
education (as the case may be)
Increasing FTB child rates for certain teenagers in secondary study Schedule 2
Amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 17
Completion day
Item
In this situation:
The day is:
2
The individual was
required to sit an
examination in relation
to that final year or that
equivalent level of
education
The later of:
(a) the day determined by the secondary
school to be the last day of the period
of examinations for that final year or by
the provider of that education to be the
last day of the period of examinations
for that level of education (as the case
may be); and
(b) the day determined by the secondary
school to be the last day of classes for
that final year or by the provider of that
education to be the last day of classes
for that level of education (as the case
may be)
(5) To avoid doubt, if an individual ceases to be a senior secondary
1
school child, nothing in this section prevents the individual again
2
becoming a senior secondary school child.
3
4 After subparagraph 22B(1)(b)(i)
4
Insert:
5
(ia) the individual is studying overseas full-time in a way
6
that would, in the Secretary's opinion, assist or allow
7
the individual to complete the final year of secondary
8
school or an equivalent level of education;
9
5 Subsection 35(1) (paragraph (a) of the cell at table item 2,
10
column headed "then the approved care organisation is
11
not eligible for family tax benefit in respect of the
12
individual if:")
13
Before "the individual", insert "if the individual is not a senior
14
secondary school child--".
15
6 Clause 7 of Schedule 1 (table)
16
Repeal the table, substitute:
17
18
Schedule 2
Increasing FTB child rates for certain teenagers in secondary study
Part 1
Amendments
18 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
FTB child rates
(Part A--Method 1)
Column 1
Category of FTB child
Column 2
FTB child rate
1
FTB child who is under 13 years of age
$4,292.40
2
FTB child who has reached 13, but is under
16, years of age
$5,580.85
3
FTB child who has reached 16 years of age
and who is a senior secondary school child
$5,580.85
4
FTB child who has reached 16, but is under
18, years of age and who is not a senior
secondary school child
$1,372.40
5
FTB child who has reached 18, but is under
25, years of age and who is not a senior
secondary school child
$1,839.60
7 Subclause 26(2) of Schedule 1
1
Repeal the subclause, substitute:
2
(2)
The
FTB child rate for the purpose of subclause (1) is:
3
(a) for an FTB child who has not turned 18, or who has turned
4
18 and who is a senior secondary school child--$1,372.40; or
5
(b) for an FTB child who has turned 18 and who is not a senior
6
secondary school child--$1,839.60.
7
8 Subclause 29(3) of Schedule 1
8
Repeal the subclause, substitute:
9
(3) In applying this Part to an individual, disregard an FTB child who
10
has turned 16 years of age unless the FTB child is a senior
11
secondary school child. If disregarding the FTB child means that
12
neither item 1 nor item 2 in the table in clause 30 applies to the
13
individual, the individual's Part B rate is nil.
14
9 Paragraph 36(2)(b) of Schedule 1
15
Repeal the paragraph, substitute:
16
(b) the child has turned 16 and is a senior secondary school
17
child.
18
Increasing FTB child rates for certain teenagers in secondary study Schedule 2
Amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 19
10 Paragraph 38B(3)(a) of Schedule 1
1
Repeal the paragraph, substitute:
2
(a)
either:
3
(i) the regular care child is under 16 years of age; or
4
(ii) the regular care child has turned 16 and is a senior
5
secondary school child; and
6
11 Clause 2 of Schedule 4 (table items 1, 2 and 3)
7
Repeal the items, substitute:
8
9
1
FTB child rate (Part A--
Method 1)
FTB child rate (A1)
[Schedule 1--
clause 7--table--
column 2--all
amounts]
12 Subclause 3(1) of Schedule 4 (table items 1, 2 and 3)
10
Repeal the items, substitute:
11
12
1 FTB
child rate
(A1)
1 July
December
highest
December
quarter
before
reference
quarter (but
not earlier
than
December
quarter
1999)
$3.65
A New Tax System (Family Assistance) (Administration) Act
13
1999
14
13 After paragraph 32L(1)(a)
15
Insert:
16
(aa) the other individual is not a senior secondary school child;
17
Schedule 2
Increasing FTB child rates for certain teenagers in secondary study
Part 1
Amendments
20 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Social Security Act 1991
1
14 Subsection 543A(2)
2
After "subsections", insert "(2AA),".
3
15 After subsection 543A(2)
4
Insert:
5
(2AA) Paragraph (2)(b) does not apply to a person who is aged 16 or 17
6
and who is undertaking full-time study in respect of a secondary
7
course at a secondary school (within the meaning of the Student
8
Assistance Act 1973) or at a TAFE institution unless:
9
(a) the person is independent (see section 1067A); or
10
(b) the person is taken by section 1067D to be required to live
11
away from home; or
12
(c) the person was receiving youth allowance immediately
13
before starting that course.
14
(2AB) For the purposes of subsection (2AA), a secondary course is a
15
course that is determined, under section 5D of the Student
16
Assistance Act 1973, to be a secondary course for the purposes of
17
that Act.
18
16 Section 1067G (at the end of Module F of the Youth
19
Allowance Rate Calculator)
20
Add:
21
Extension to senior secondary school FTB children
22
1067G-F31 This Submodule applies in relation to a person who is an FTB child
23
aged 16 or more and who is a senior secondary school child as if:
24
(a) the parental income test under this Module applied to the
25
person; and
26
(b) the following amount were the maximum payment rate for
27
the person for the purposes of this Submodule:
28
(i) if the person is aged less than 18--the amount specified
29
in column 3 of item 1 of the table in point 1067G-B2 (as
30
indexed);
31
Increasing FTB child rates for certain teenagers in secondary study Schedule 2
Amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 21
(ii) if the person is aged 18 or more--the amount specified
1
in column 3 of item 2 of the table in point 1067G-B2 (as
2
indexed).
3
1067G-F32 For the purposes of point 1067G-F31, senior secondary school
4
child has the meaning given by section 22B of the Family
5
Assistance Act (disregarding subparagraph 22B(1)(a)(i) of that
6
Act).
7
8
Schedule 2
Increasing FTB child rates for certain teenagers in secondary study
Part 2
Application and transitional provisions
22 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Part 2--Application and transitional provisions
1
17 Application and transitional provisions
2
(1)
The amendment made by item 2 applies in relation to working out if an
3
individual is an FTB child for days on or after 1 January 2012.
4
(2)
The amendment made by item 5 applies in relation to working out if an
5
approved care organisation is eligible for family tax benefit for days on
6
or after 1 January 2012.
7
(3)
The amendments made by items 6 to 10 apply in relation to working out
8
the rate of family tax benefit for days on or after 1 January 2012.
9
(4) If:
10
(a) on or after 1 January 2012, it is necessary to work out an
11
individual's standard rate under Division 2 of Part 3 of
12
Schedule 1 to the A New Tax System (Family Assistance) Act
13
1999 in relation to an FTB child who turned 18 before
14
1 January 2012; and
15
(b) apart from this subitem, paragraph 26(2)(a) of that Schedule
16
would apply to the FTB child;
17
then paragraph 26(2)(a) of that Schedule does not apply to the FTB
18
child and paragraph 26(2)(b) of that Schedule applies to the FTB child
19
instead.
20
(5)
The amendment made by item 13 applies in relation to same-rate
21
benefit periods beginning on or after 1 January 2012.
22
(6)
The amendments made by items 14 and 15 do not apply in relation to:
23
(a) a person who was receiving youth allowance immediately
24
before the commencement of those items; or
25
(b) a person who would have been receiving youth allowance
26
immediately before the commencement of those items except
27
for the application of a compliance penalty period.
28
29
Baby bonus Schedule 3
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 23
Schedule 3--Baby bonus
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 Subsections 47(1) and (2)
5
Repeal the subsections, substitute:
6
Payment over 13 fortnightly instalment periods
7
(1) The Secretary must:
8
(a) after the first fortnightly instalment period ending after he or
9
she determines the claimant is entitled to be paid baby bonus,
10
pay the claimant the upfront part of the amount of baby
11
bonus the claimant is entitled to; and
12
(b) after each of the next 12 fortnightly instalment periods, pay
13
the claimant
1
/
12
of the amount of baby bonus remaining after
14
the application of paragraph (a).
15
Note:
Section 47AB provides for rounding of the amounts of payments.
16
Payment over 26 weekly instalment periods
17
(2) However, if the Secretary:
18
(a) determines that the claimant has a weekly instalment period;
19
and
20
(b) makes that determination before the end of what would, apart
21
from that determination, be the end of the claimant's first
22
fortnightly instalment period ending after the making of the
23
determination that the claimant is entitled to be paid baby
24
bonus;
25
the Secretary must:
26
(c) after each of the first 2 weekly instalment periods ending
27
after the determination of entitlement is made, pay the
28
claimant
1
/
2
of the upfront part of the amount of baby bonus
29
the claimant is entitled to; and
30
(d) after each of the next 24 weekly instalment periods, pay the
31
claimant
1
/
24
of the amount of baby bonus remaining after the
32
application of paragraph (c).
33
Note:
Section 47AB provides for rounding of the amounts of payments.
34
Schedule 3
Baby bonus
24 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Upfront part
1
(2A)
The
upfront part is the following amount:
2
(a) if the claimant becomes eligible for baby bonus in the
3
2011-2012 financial year--$879.77;
4
(b) if the claimant becomes eligible for baby bonus in the
5
2012-2013 financial year or a later financial year--the
6
amount worked out as follows:
7
The amount of baby bonus
16.18%
the claimant is entitled to
×
8
2 Application
9
The amendment made by item 1 applies in relation to individuals who
10
become eligible for baby bonus on or after 1 July 2011.
11
12
Thalidomide payments Schedule 4
Main amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 25
Schedule 4--Thalidomide payments
1
Part 1--Main amendments
2
Income Tax Assessment Act 1997
3
1 Section 11-15 (table item headed "welfare")
4
After:
5
maintenance payment .......................................................... 51-30 and 51-50
insert:
6
thalidomide payment--ex-gratia payment .......................... 51-30
thalidomide payment--payment by the Thalidomide
Australia Fixed Trust .....................................................
51-30
2 Section 51-30 (at the end of the table)
7
Add:
8
5.5
an
individual
in
receipt of an
ex-gratia
thalidomide
payment from the
Commonwealth
the payment
none
5.6
an
individual
in
receipt of a
payment from the
Thalidomide
Australia Fixed
Trust
the payment
the payment must be:
(a) made to you, or applied
for your benefit, as a
beneficiary of the
Trust; or
(b) made to you in respect
of a beneficiary of the
Trust
3 Application of amendments
9
(1)
The amendments made by items 1 and 2 of this Schedule in relation to
10
ex-gratia thalidomide payments apply to assessments for the 2010-11
11
and 2011-12 income years.
12
(2)
The amendments made by items 1 and 2 of this Schedule in relation to
13
payments from the Thalidomide Australia Fixed Trust apply to
14
assessments for the 2010-11 income year and later income years.
15
Schedule 4
Thalidomide payments
Part 1
Main amendments
26 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Social Security Act 1991
1
4 After paragraph 8(8)(vb)
2
Insert:
3
(vc) a payment by the Thalidomide Australia Fixed Trust:
4
(i) made to, or applied for the benefit of, a beneficiary of
5
the Trust; or
6
(ii) made to a person in respect of a beneficiary of the Trust;
7
5 Paragraph 146(1)(b) of Schedule 1A
8
Repeal the paragraph, substitute:
9
(b)
either:
10
(i) the person continues (without a break) to receive one of
11
those payments (whether or not of the same sort as the
12
one the person received on that day); or
13
(ii) subclause (1A) applies to the person.
14
6 After subclause 146(1) of Schedule 1A
15
Insert:
16
(1A) This subclause applies to a person if:
17
(a) a payment by the Thalidomide Australia Fixed Trust:
18
(i) is made to, or applied for the benefit of, the person as a
19
beneficiary of the Trust; or
20
(ii) is made to, or applied for the benefit of, the person's
21
partner as a beneficiary of the Trust; or
22
(iii) is made to the person or the person's partner in respect
23
of a beneficiary of the Trust; and
24
(b) subparagraph (1)(b)(i) applies to the person immediately
25
before the payment is made; and
26
(c) the person receives any of the payments mentioned in
27
paragraph (1)(a) at the commencement of item 4 of
28
Schedule 4 to the Families, Housing, Community Services
29
and Indigenous Affairs and Other Legislation Amendment
30
(Election Commitments and Other Measures) Act 2011; and
31
(d) after that commencement, the person continues (without a
32
break) to receive that payment, or any of the other payments
33
referred to in paragraph (1)(a).
34
Thalidomide payments Schedule 4
Main amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 27
Veterans' Entitlements Act 1986
1
7 After paragraph 5H(8)(xa)
2
Insert:
3
(xb) a payment by the Thalidomide Australia Fixed Trust:
4
(i) made to, or applied for the benefit of, a beneficiary of
5
the Trust; or
6
(ii) made to a person in respect of a beneficiary of the Trust;
7
8 Paragraph 30(1)(b) of Schedule 5
8
Repeal the paragraph, substitute:
9
(b)
either:
10
(i) the person continues (without a break) to receive one of
11
those payments (whether or not of the same sort as the
12
one the person received on that day); or
13
(ii) subclause (1A) applies to the person.
14
9 After subclause 30(1) of Schedule 5
15
Insert:
16
(1A) This subclause applies to a person if:
17
(a) a payment by the Thalidomide Australia Fixed Trust:
18
(i) is made to, or applied for the benefit of, the person as a
19
beneficiary of the Trust; or
20
(ii) is made to, or applied for the benefit of, the person's
21
partner as a beneficiary of the Trust; or
22
(iii) is made to the person or the person's partner in respect
23
of a beneficiary of the Trust; and
24
(b) subparagraph (1)(b)(i) applies to the person immediately
25
before the payment is made; and
26
(c) any of the payments mentioned in paragraph (1)(a) is payable
27
to the person at the commencement of item 7 of Schedule 4
28
to the Families, Housing, Community Services and
29
Indigenous Affairs and Other Legislation Amendment
30
(Election Commitments and Other Measures) Act 2011; and
31
(d) after that commencement, that payment, or any of the other
32
payments referred to in paragraph (1)(a), continues (without a
33
break) to be payable to the person.
34
35
Schedule 4
Thalidomide payments
Part 2
Amendments commencing on 1 July 2014
28 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Part 2--Amendments commencing on 1 July 2014
1
Income Tax Assessment Act 1997
2
10 Section 11-15 (table item headed "welfare")
3
Omit:
4
thalidomide payment--ex-gratia payment .......................... 51-30
11 Section 51-30 (table item 5.5)
5
Repeal the item.
6
7
Income management Schedule 5
General amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 29
Schedule 5--Income management
1
Part 1--General amendments
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 Subsection 219TE(1A)
5
Repeal the subsection.
6
Social Security Act 1991
7
2 Subparagraph 1061WG(1)(b)(i)
8
Omit "commenced", substitute "is registered for".
9
Social Security (Administration) Act 1999
10
3 Subsection 123E(1A)
11
Repeal the subsection.
12
4 Section 123TC (definition of designated nominee)
13
Repeal the definition.
14
5 Section 123TC
15
Insert:
16
excluded Part 3B payment nominee means:
17
(a) the Public Trustee (however described) of a State or
18
Territory; or
19
(b) a Part 3B payment nominee who is not subject to the income
20
management regime.
21
6 Section 123TC (definition of excluded payment nominee)
22
Repeal the definition.
23
7 Section 123TC
24
Insert:
25
Schedule 5
Income management
Part 1
General amendments
30 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Part 3B payment nominee means:
1
(a) a person who is, by virtue of an appointment in force under
2
section 123B of this Act or section 219TB of the Family
3
Assistance Administration Act, the payment nominee of
4
another person; or
5
(b) a person to whom payment of another person's service
6
pension is made by virtue of an approval in force under
7
section 58D of the Veterans' Entitlements Act; or
8
(c) a person to whom payment of another person's service
9
pension is made by virtue of an appointment in force under
10
section 202 of the Veterans' Entitlements Act; or
11
(d) a person to whom another person's instalments of youth
12
allowance are to be paid in accordance with subsection 45(1)
13
of this Act.
14
8 Section 123TC (definition of payment nominee)
15
Repeal the definition.
16
9 Section 123UC
17
Before "For the purposes", insert "(1)".
18
10 At the end of section 123UC
19
Add:
20
(2) For the purposes of this Part, a person is subject to the income
21
management regime at a particular time (the test time) if:
22
(a) at the test time, the person is not subject to the income
23
management regime under any other provision of this
24
Subdivision; and
25
(b) at the test time, the person has a Part 3B payment nominee;
26
and
27
(c) at the test time, the Part 3B payment nominee is subject to the
28
income management regime under subsection (1).
29
11 Paragraph 123UM(3)(c)
30
Repeal the paragraph, substitute:
31
(c) if the first person has a Part 3B payment nominee--the
32
Part 3B payment nominee is not an excluded Part 3B
33
payment nominee.
34
Income management Schedule 5
General amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 31
12 Paragraph 123UM(3)(d)
1
Repeal the paragraph.
2
13 Subparagraph 123UN(1)(a)(iv)
3
Repeal the subparagraph.
4
14 Subparagraph 123UO(3)(b)(iv)
5
Repeal the subparagraph.
6
15 Section 123UP
7
Repeal the section.
8
16 Paragraph 123YE(2)(b)
9
Repeal the paragraph.
10
17 Subparagraph 123YE(2)(c)(ii)
11
Omit "or".
12
18 Paragraph 123YE(2)(d)
13
Repeal the paragraph.
14
19 Paragraph 123YE(2)(e)
15
Omit "or (b)".
16
20 Paragraph 123YE(2)(f)
17
Omit "or (d)".
18
21 Subsections 123YE(4) to (7)
19
Omit "or a third person".
20
22 Paragraph 123YE(8)(a)
21
Omit "or a third person".
22
23 Subsection 123YE(9)
23
Omit "or a third person".
24
24 Subsection 123YE(9)
25
Omit "or the third person, as the case may be".
26
Schedule 5
Income management
Part 1
General amendments
32 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
25 Subsection 123YE(10)
1
Omit "or a third person".
2
26 Subsection 123YE(10)
3
Omit "or the third person, as the case may be".
4
27 Paragraph 123YF(2)(b)
5
Omit "a third person a stored value card that enables the third person",
6
substitute "the first person a stored value card that enables the first
7
person".
8
28 Paragraph 123YF(2)(d)
9
Omit "a third person", substitute "the first person".
10
29 Subparagraph 123YF(2)(d)(ii)
11
Omit "the third person", substitute "the first person".
12
30 Subsections 123YF(4) to (7)
13
Omit "a third person", substitute "the first person".
14
31 Paragraph 123YF(8)(a)
15
Omit "a third person", substitute "the first person".
16
32 Subsection 123YF(9)
17
Omit "a third person", substitute "the first person".
18
33 Subsection 123YF(9)
19
Omit ", the first person or the third person", substitute "or the first
20
person".
21
34 Subsection 123YF(10)
22
Omit "a third person", substitute "the first person".
23
35 Subsection 123YF(10)
24
Omit ", the first person or the third person", substitute "or the first
25
person".
26
36 Subparagraph 123YL(2)(b)(ii)
27
Income management Schedule 5
General amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 33
Omit "Minister", substitute "Secretary".
1
37 Paragraph 123YM(2)(h)
2
Omit "or".
3
38 Paragraph 123YM(2)(i)
4
Repeal the paragraph.
5
39 Paragraph 123YM(2)(k)
6
Omit "or (i)".
7
40 Subsections 123YM(4) and (6)
8
Omit "or (i), the Secretary gives the first person or a third person",
9
substitute ", the Secretary gives the first person".
10
41 Subsection 123YM(8)
11
Omit "or a third person a stored value card under paragraph (2)(h) or
12
(i)", substitute "a stored value card under paragraph (2)(h)".
13
42 Subsection 123YM(11)
14
Omit "or (i), the Secretary gives the first person or a third person",
15
substitute ", the Secretary gives the first person".
16
43 Subsection 123YM(11)
17
Omit "or the third person, as the case may be".
18
44 Paragraph 123YN(2)(i)
19
Omit "a third person a stored value card that enables the third person",
20
substitute "the first person a stored value card that enables the first
21
person".
22
45 Subsections 123YN(4) and (6)
23
Omit "a third person", substitute "the first person".
24
46 Subsection 123YN(8)
25
Omit "the designated nominee", substitute "the Part 3B payment
26
nominee or the first person".
27
47 Subsection 123YN(10)
28
Schedule 5
Income management
Part 1
General amendments
34 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Omit ", the first person or the third person", substitute "or the first
1
person".
2
48 Subsection 123YN(11)
3
Omit "a third person", substitute "the first person".
4
49 Subsection 123YN(11)
5
Omit ", the first person or the third person", substitute "or the first
6
person".
7
50 Paragraph 123YO(2)(g)
8
Omit "or".
9
51 Paragraph 123YO(2)(h)
10
Repeal the paragraph.
11
52 Paragraph 123YO(2)(j)
12
Omit "or (h)".
13
53 Subsections 123YO(5), (7) and (10)
14
Omit "or (h), the Secretary gives the first person or a third person",
15
substitute ", the Secretary gives the first person".
16
54 Subsection 123YO(10)
17
Omit "or the third person, as the case may be".
18
55 Paragraph 123YP(2)(h)
19
Omit "a third person a stored value card that enables the third person",
20
substitute "the first person a stored value card that enables the first
21
person".
22
56 Subsections 123YP(5), (7) and (10)
23
Omit "a third person", substitute "the first person".
24
57 Subsection 123YP(10)
25
Omit ", the first person or the third person", substitute "or the first
26
person".
27
58 Paragraph 123ZC(1)(b)
28
Income management Schedule 5
General amendments Part 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 35
Omit "123UC(b)", substitute "123UC(1)(b)".
1
59 Subparagraph 123ZE(1)(a)(ii)
2
Omit "123UC(b)", substitute "123UC(1)(b)".
3
60 Subsections 123ZF(3) and (4)
4
Repeal the subsections, substitute:
5
Crediting of amounts
6
(3) The Secretary may determine, in writing, that the first person's
7
income management account is to be credited by an amount equal
8
to the amount of the cheque.
9
(4) If the Secretary makes a determination under subsection (3), then
10
an amount equal to the amount of the cheque is:
11
(a) credited to the Income Management Record; and
12
(b) credited to the first person's income management account.
13
61 Application
14
The amendment made by item 60 applies in relation to:
15
(a) an amount paid by cheque at or after the commencement of
16
that item; and
17
(b) an amount paid by cheque before that commencement, unless
18
before that commencement an amount had been received by
19
the Commonwealth under subsection 123ZF(2) of the Social
20
Security (Administration) Act 1999 in relation to that
21
payment.
22
23
Schedule 5
Income management
Part 2
Part 3B payment nominee amendments
36 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
Part 2--Part 3B payment nominee amendments
1
Social Security (Administration) Act 1999
2
62 Multiple amendments
3
The provisions of the Social Security (Administration) Act 1999 listed in
4
this Part are amended by:
5
(a) omitting "payment nominee" (wherever occurring) and
6
substituting "Part 3B payment nominee"; and
7
(b) omitting "designated nominee" (wherever occurring) and
8
substituting "Part 3B payment nominee".
9
63 Paragraph 123UC(f)
10
64 Paragraph 123UCA(d)
11
65 Paragraphs 123UCB(1)(e) and (2)(b) and (c)
12
66 Paragraphs 123UCC(1)(e) and (2)(b) and (c)
13
67 Paragraphs 123UD(1)(f) and (4)(b) and (c)
14
68 Paragraphs 123UE(1)(i) and (4)(b) and (c)
15
69 Paragraphs 123UF(1)(f), (2)(g) and (3)(b) and (c)
16
70 Subparagraph 123UN(1)(a)(iii)
17
71 Subparagraph 123UO(3)(b)(iii)
18
72 Paragraph 123YC(1)(c)
19
73 Paragraphs 123YD(1)(c) and (2)(a) and (b)
20
Note:
The heading to section 123YD is altered by omitting "designated nominee" and
21
substituting "Part 3B payment nominee".
22
74 Subsections 123YD(4) to (7)
23
75 Paragraph 123YE(1)(c)
24
76 Paragraphs 123YF(1)(c) and (2)(a) to (d)
25
Income management Schedule 5
Part 3B payment nominee amendments Part 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011 37
Note:
The heading to section 123YF is altered by omitting "designated nominee" and
1
substituting "Part 3B payment nominee".
2
77 Subsections 123YF(4) to (7)
3
78 Paragraph 123YF(8)(a)
4
79 Subsections 123YF(9) and (10)
5
80 Paragraph 123YG(1)(c)
6
81 Paragraphs 123YH(1)(c) and (2)(a) and (b)
7
Note:
The heading to section 123YH is altered by omitting "designated nominee" and
8
substituting "Part 3B payment nominee".
9
82 Subsection 123YH(6)
10
83 Paragraph 123YI(1)(c)
11
84 Paragraph 123YJ(1)(c)
12
Note:
The heading to section 123YJ is altered by omitting "designated nominee" and
13
substituting "Part 3B payment nominee".
14
85 Subparagraphs 123YJ(2)(a)(i), (ii) and (iii)
15
86 Paragraph 123YJ(2)(b)
16
87 Subsection 123YJ(7)
17
88 Paragraph 123YK(1)(c)
18
89 Paragraphs 123YL(1)(c) and (2)(a) and (b)
19
Note:
The heading to section 123YL is altered by omitting "designated nominee" and
20
substituting "Part 3B payment nominee".
21
90 Subsection 123YL(7)
22
91 Paragraph 123YM(1)(c)
23
92 Paragraphs 123YN(1)(c) and (2)(a), (b) and (d) to (i)
24
Note:
The heading to section 123YN is altered by omitting "designated nominee" and
25
substituting "Part 3B payment nominee".
26
Schedule 5
Income management
Part 2
Part 3B payment nominee amendments
38 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Election Commitments and Other Measures) Bill 2011 No. , 2011
93 Subsections 123YN(4), (6), (9), (10) and (11)
1
94 Paragraph 123YO(1)(c)
2
95 Paragraphs 123YP(1)(c) and (2)(a) to (h)
3
Note:
The heading to section 123YP is altered by omitting "designated nominee" and
4
substituting "Part 3B payment nominee".
5
96 Subsections 123YP(5) and (7) to (10)
6

 

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