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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 (MISCELLANEOUS MEASURES) BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Families, Housing, Community Services
and Indigenous Affairs and Other
Legislation Amendment (Miscellaneous
Measures) Bill 2008
No. , 2008
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to make amendments relating to
the Social Security Appeals Tribunal and technical
amendments, and for related purposes
i Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nts relating to the Social Security
Appeals Tribunal
3
A New Tax System (Family Assistance) (Administration) Act 1999
3
Social Security (Administration) Act 1999
6
Schedule 2--Technical amendme nts re moving references to
benefits that no longer exist
10
Income Tax Assessment Act 1936
10
Safety, Rehabilitation and Compensation Act 1988
10
Social Security Act 1991
10
Veterans' Entitlements Act 1986
13
Schedule 3--Other technical amendments
15
Aboriginal and Torres Strait Islander Act 2005
15
Native Title Amendment (Technical Amendments) Act 2007
15
Social Security Act 1991
15
Social Security (Administration) Act 1999
15
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008 1
A Bill for an Act to make amendments relating to
1
the Social Security Appeals Tribunal and technical
2
amendments, 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
(Miscellaneous Measures) Act 2008.
8
2 Commence ment
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
The day on which this Act receives the
Royal Assent.
4. Schedule 3,
items 1 to 3
The day on which this Act receives the
Royal Assent.
5. Schedule 3,
items 4 and 5
Immediately after the time specified in the
Native Title Amendment (Technical
Amendments) Act 2007 for the
commencement of item 9 of Schedule 2 to
that Act.
21 July 2007
6. Schedule 3,
items 6 and 7
The day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
passed by both Houses of the Parliament and assented to. It will not be
3
expanded to deal with provisions inserted in this Act after assent.
4
(2) Column 3 of the table contains additional information that is not
5
part of this Act. Information in this column may be added to or
6
edited in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Amend ments relating to the Social Security Appeals Tribunal Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008 3
1
Schedule 1
--
Amendments relating to the
2
Social Security Appeals Tribunal
3
4
A New Tax System (Family Assistance) (Administration) Act
5
1999
6
1 Subdivision B of Division 3 of Part 5 (heading)
7
Repeal the heading, substitute:
8
Subdivision B--Submissions from parties other than agency
9
heads
10
2 Before section 123
11
Insert:
12
122A Subdivision does not apply in relation to agency heads
13
This Subdivision does not apply in relation to a party to a review of
14
a decision who is the head of an agency.
15
3 Subsection 123(1)
16
Repeal the subsection.
17
Note:
The heading to section 123 is altered by omitting "by parties other than agency
18
heads".
19
4 Subsection 123(2)
20
Omit "the party", substitute "a party to a review of a decision".
21
5 Section 124
22
Repeal the section.
23
6 Subsection 125(1)
24
Omit "those parties that may make oral submissions", substitute "the
25
parties".
26
7 Subsection 125(4)
27
Omit "(other than the head of an agency)".
28
Schedule 1 A mendments relating to the Social Security Appeals Tribunal
4 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008
8 Subsection 126(1)
1
Repeal the subsection.
2
9 Subsection 126(2)
3
Omit "If the party", substitute "If a party to a review of a decision".
4
10 After section 126
5
Insert:
6
Subdivision BA--Submissions from agency heads
7
126A Submissions from agency heads
8
(1) The head of an agency that is a party to a review of a decision may
9
make written submissions to the SSAT.
10
Agency head may request permission to make oral submissions etc.
11
(2) The head of the agency may, by writing, request the Executive
12
Director for permission to make:
13
(a) oral submissions to the SSAT; or
14
(b) both oral and written submissions to the SSAT.
15
The request must explain how such submissions would assist the
16
SSAT.
17
(3) The Executive Director may, by writing, grant the request if, in the
18
opinion of the Executive Director having regard to the objective
19
laid down by section 110, such submissions would assist the
20
SSAT.
21
SSAT may order agency head to make oral submissions etc.
22
(4) The Executive Director may order the head of the agency to make:
23
(a) oral submissions to the SSAT; or
24
(b) both oral and written submissions to the SSAT;
25
if, in the opinion of the Executive Director having regard to the
26
objective laid down by section 110, such submissions would assist
27
the SSAT.
28
Amend ments relating to the Social Security Appeals Tribunal Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008 5
Oral submissions by telephone etc.
1
(5) For the purposes of subsections (3) and (4), the Executive Director
2
may determine that oral submissions to the SSAT by the head of
3
the agency are to be made by telephone or by means of other
4
electronic communications equipment.
5
(6) Subsection (5) does not limit subsection (3) or (4).
6
11 Before section 127
7
Insert:
8
Subdivision BB--Other evidence provisions
9
12 Before subsection 141(1)
10
Insert:
11
SSAT affirms decisions
12
(1A) If the SSAT makes a decision on a review and the decision is of a
13
kind mentioned in paragraph 113(1)(a), the SSAT must:
14
(a) prepare a written statement (the initial statement) that sets
15
out the decision of the SSAT on the review; and
16
(b) give each party to the review a copy of the initial statement
17
within 14 days after making the decision; and
18
(c) within 14 days after making the decision, either:
19
(i) give reasons for the decision orally to each party to the
20
review and explain that the party may make a written
21
request for a statement under subparagraph (ii) within
22
14 days after the copy of the initial statement is given to
23
the party; or
24
(ii) give each party to the review a written statement
25
(whether or not as part of the initial statement) that sets
26
out the reasons for the decision, sets out the findings on
27
any material questions of fact and refers to evidence or
28
other material on which the findings of fact are based;
29
and
30
(d) return to the Secretary any document that the Secretary has
31
provided to the SSAT in connection with the review; and
32
(e) give the Secretary a copy of any other document that contains
33
evidence or material on which the findings of fact are based.
34
Schedule 1 A mendments relating to the Social Security Appeals Tribunal
6 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008
(1B) If the SSAT does not give a written statement to a party under
1
subparagraph (1A)(c)(ii), the party may, within 14 days after the
2
copy of the initial statement is given to the party, make a written
3
request of the SSAT for such a statement.
4
(1C) The SSAT must comply with a request under subsection (1B)
5
within 14 days after the day on which it receives the request.
6
13 Subsection 141(1)
7
Omit "When the SSAT makes its decision on a review,", substitute "If
8
the SSAT makes a decision on a review and the decision is of a kind
9
mentioned in paragraph 113(1)(b) or (c),".
10
Note 1: The following heading to subsection 141(1) is inserted "SSAT varies decisions or sets
11
decisions aside".
12
Note 2: The following heading to subsection 141(2) is inserted "Notice of further review right".
13
14 Application
14
The amendments made by items 1 to 13 apply in relation to applications
15
for review made on or after the commencement of those items.
16
Social Security (Administration) Act 1999
17
15 Subdivision B of Division 4 of Part 4 (heading)
18
Repeal the heading, substitute:
19
Subdivision B--Submissions from parties other than Secretary
20
16 Before section 161
21
Insert:
22
160A Subdivision does not apply in relation to Secretary
23
This Subdivision does not apply in relation to a party to a review of
24
a decision who is the Secretary.
25
17 Subsections 161(2) and (7)
26
Repeal the subsections.
27
18 Subsection 162(5)
28
Repeal the subsection.
29
Amend ments relating to the Social Security Appeals Tribunal Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008 7
19 After section 163
1
Insert:
2
Subdivision BA--Submissions from Secretary
3
163A Submissions from Secretary
4
(1) The Secretary may make written submissions to the SSAT.
5
Secretary may request permission to make oral submissions etc.
6
(2) The Secretary may, by writing, request the Executive Director for
7
permission to make:
8
(a) oral submissions to the SSAT; or
9
(b) both oral and written submissions to the SSAT.
10
The request must explain how such submissions would assist the
11
SSAT.
12
(3) The Executive Director may, by writing, grant the request if, in the
13
opinion of the Executive Director having regard to the objective
14
laid down by section 141, such submissions would assist the
15
SSAT.
16
SSAT may order Secretary to make oral submissions etc.
17
(4) The Executive Director may order the Secretary to make:
18
(a) oral submissions to the SSAT; or
19
(b) both oral and written submissions to the SSAT;
20
if, in the opinion of the Executive Director having regard to the
21
objective laid down by section 141, such submissions would assist
22
the SSAT.
23
Oral submissions by telephone etc.
24
(5) For the purposes of subsections (3) and (4), the Executive Director
25
may determine that oral submissions to the SSAT by the Secretary
26
are to be made by telephone or by means of other electronic
27
communications equipment.
28
(6) Subsection (5) does not limit subsection (3) or (4).
29
20 Before section 164
30
Schedule 1 A mendments relating to the Social Security Appeals Tribunal
8 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008
Insert:
1
Subdivision BB--Other evidence provisions
2
21 Before subsection 177(1)
3
Insert:
4
SSAT affirms decisions
5
(1A) If the SSAT makes a decision on a review and the decision is of a
6
kind mentioned in paragraph 149(1)(a), the SSAT must:
7
(a) prepare a written statement (the initial statement) that sets
8
out the decision of the SSAT on the review; and
9
(b) give each party to the review a copy of the initial statement
10
within 14 days after making the decision; and
11
(c) within 14 days after making the decision, either:
12
(i) give reasons for the decision orally to each party to the
13
review and explain that the party may make a written
14
request for a statement under subparagraph (ii) within
15
14 days after the copy of the initial statement is given to
16
the party; or
17
(ii) give each party to the review a written statement
18
(whether or not as part of the initial statement) that sets
19
out the reasons for the decision, sets out the findings on
20
any material questions of fact and refers to evidence or
21
other material on which the findings of fact are based;
22
and
23
(d) return to the Secretary any document that the Secretary has
24
provided to the SSAT in connection with the review; and
25
(e) give the Secretary a copy of any other document that contains
26
evidence or material on which the findings of fact are based.
27
(1B) If the SSAT does not give a written statement to a party under
28
subparagraph (1A)(c)(ii), the party may, within 14 days after the
29
copy of the initial statement is given to the party, make a written
30
request of the SSAT for such a statement.
31
(1C) The SSAT must comply with a request under subsection (1B)
32
within 14 days after the day on which it receives the request.
33
22 Subsection 177(1)
34
Amend ments relating to the Social Security Appeals Tribunal Schedule 1
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008 9
Omit "When the SSAT makes its decision on a review,", substitute "If
1
the SSAT makes a decision on a review and the decision is of a kind
2
mentioned in paragraph 149(1)(b) or (c),".
3
Note 1: The following heading to subsection 177(1) is inserted "SSAT varies decisions or sets
4
decisions aside".
5
Note 2: The following heading to subsection 177(2) is inserted "Notice of further review right".
6
23 Subclause 4(2) of Schedule 3
7
Repeal the subclause, substitute:
8
(2) The period specified under subclause (1) must not exceed 5 years.
9
24 Application
10
(1)
The amendments made by items 15 to 22 apply in relation to
11
applications for review made on or after the commencement of those
12
items.
13
(2)
The amendment made by item 23 applies in relation to appointments
14
made on or after the commencement of that item.
15
16
Schedule 2 Technical amend ments removing references to benefits that no longer exist
10 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008
1
Schedule 2
--
Technical amendments removing
2
references to benefits that no longer
3
exist
4
5
Income Tax Assessment Act 1936
6
1 At the end of subparagraph 102AC(2)(c)(i)
7
Add "or".
8
2 Subparagraph 102AC(2)(c)(iii)
9
Repeal the subparagraph.
10
3 Subsection 159J(6) (at the end of paragraph (a) of the
11
definition of invalid relative)
12
Add "or".
13
4 Subsection 159J(6) (paragraph (b) of the definition of
14
invalid relative)
15
Repeal the paragraph.
16
5 Subsection 159L(6)
17
Repeal the subsection.
18
Safety, Rehabilitation and Compensation Act 1988
19
6 Subsection 37(6)
20
Repeal the subsection.
21
Social Security Act 1991
22
7 Subsection 9(1) (definition of pensioner couple)
23
Omit ", income support supplement or a rehabilitation allowance",
24
substitute "or income support supplement".
25
8 Subsection 23(1) (paragraph (ga) of the definition of social
26
security pension)
27
Technical amend ments removing references to benefits that no longer exist Schedule 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008 11
Repeal the paragraph.
1
9 Subsection 147(1)
2
Omit "(1)".
3
10 Paragraph 147(1)(b)
4
Repeal the paragraph, substitute:
5
(b) has a partner who is receiving an age pension or disability
6
support pension.
7
11 Subsection 186(1)
8
Omit "(1)".
9
12 Paragraph 186(1)(d)
10
Omit ", disability wage supplement or rehabilitation allowance".
11
13 Section 573A (table item 6)
12
Repeal the item.
13
14 Division 2 of Part 2.13A (heading)
14
Repeal the heading, substitute:
15
Division 2--Recipients of disability support pension
16
15 Subparagraph 771HA(1)(c)(i)
17
Omit "rehabilitation allowance,".
18
16 Paragraphs 771NU(1)(e) and (3)(e)
19
Omit "rehabilitation allowance,".
20
17 Subsection 771NX(1) (method statement, step 4, note)
21
Omit "rehabilitation allowance,".
22
18 Subsection 771NX(6)
23
Omit "rehabilitation allowance,".
24
19 Paragraph 1061PJ(2)(g)
25
Omit "benefit;", substitute "benefit.".
26
Schedule 2 Technical amend ments removing references to benefits that no longer exist
12 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008
20 Paragraph 1061PJ(2)(h)
1
Repeal the paragraph.
2
21 Paragraph 1064(1)(b)
3
Omit "or disability wage supplement".
4
Note:
The heading to section 1064 is altered by omitting "and of disability wage
5
supplement".
6
22 Subsection 1064(2)
7
Omit "or to a person's disability wage supplement".
8
23 Subparagraphs 1064(5)(b)(vi), (6)(b)(iv) and (7)(b)(vi)
9
Repeal the subparagraphs.
10
Note 1: The heading to section 1065 is altered by omitting "and of disability wage
11
supplement".
12
Note 2: The heading to section 1066B is altered by omitting "and of disability wage
13
supplement".
14
24 Subparagraph 1067F(1)(d)(ix)
15
Repeal the subparagraph.
16
25 Point 1067G-H2
17
Omit ", income support supplement or a rehabilitation allowance",
18
substitute "or income support supplement".
19
26 Paragraph 1067G-H27(b)
20
Omit ", income support supplement or a rehabilitation allowance",
21
substitute "or income support supplement".
22
27 Section 1067G (Module L) (table item 10)
23
Repeal the item.
24
28 Subparagraph 1067K(1)(d)(viii)
25
Repeal the subparagraph.
26
29 Point 1067L-D2
27
Omit ", income support supplement or a rehabilitation allowance",
28
substitute "or income support supplement".
29
Technical amend ments removing references to benefits that no longer exist Schedule 2
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008 13
30 Paragraph 1067L-D26(b)
1
Omit ", income support supplement or a rehabilitation allowance",
2
substitute "or income support supplement".
3
31 Point 1068-G2
4
Omit ", income support supplement or a rehabilitation allowance",
5
substitute "or income support supplement".
6
32 Paragraph 1068-G10(b)
7
Omit ", income support supplement or a rehabilitation allowance",
8
substitute "or income support supplement".
9
33 Subparagraph 1133(1)(a)(vi)
10
Omit "allowance; or", substitute "allowance; and".
11
34 Subparagraph 1133(1)(a)(viii)
12
Repeal the subparagraph.
13
35 Subparagraph 1133(2)(a)(iv)
14
Omit "payment; or", substitute "payment; and".
15
36 Subparagraph 1133(2)(a)(vii)
16
Repeal the subparagraph.
17
37 Paragraph 1133(2)(b)
18
Omit "or allowance".
19
38 Paragraph 1184L(2)(b)
20
Omit "or the disability wage supplement".
21
39 Paragraph 1184L(2)(c)
22
Omit "or disability wage supplement".
23
Veterans' Entitlements Act 1986
24
40 Subsection 5E(1) (definition of partnered (partner getting
25
pension)) (note)
26
Repeal the note.
27
Schedule 2 Technical amend ments removing references to benefits that no longer exist
14 Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008
41 Subsection 5E(5) (note)
1
Repeal the note.
2
42 Subsection 5F(1) (paragraph (i) of the definition of child)
3
Repeal the paragraph.
4
43 Subparagraph 5H(8)(w)(viii)
5
Repeal the subparagraph.
6
44 Section 36C (note)
7
Repeal the note, substitute:
8
Note:
Social security benefit includes newstart allowance.
9
45 Section 37C (note)
10
Repeal the note, substitute:
11
Note:
Social security benefit includes newstart allowance.
12
46 Subsection 38C(1) (note)
13
Repeal the note, substitute:
14
Note:
Social security benefit includes newstart allowance.
15
47 Subparagraph 58N(a)(iv)
16
Omit "(other than a rehabilitation allowance)".
17
48 Point SCH6-C5 of Schedule 6 (note 1)
18
Repeal the note.
19
49 Point SCH6-C5 of Schedule 6 (note 3)
20
Omit "Note 3", substitute "Note".
21
22
Other technical amend ments Schedule 3
Families, Housing, Community Services and Indigenous Affairs and Other Legislation
Amendment (Miscellaneous Measures) Bill 2008 No. , 2008 15
1
Schedule 3
--
Other technical amendments
2
3
Aboriginal and Torres Strait Islander Act 2005
4
1 Schedule 1
5
Repeal the Schedule.
6
2 Schedule 2 (note to Schedule heading)
7
Repeal the note, substitute:
8
Note:
See section 143E.
9
3 Schedule 2A (note to Schedule heading)
10
Repeal the note, substitute:
11
Note:
See section 143E.
12
Native Title Amendment (Technical Amendments) Act 2007
13
4 Item 9 of Schedule 2
14
Omit "203FB,", substitute "203FB".
15
5 Item 9 of Schedule 2
16
Omit "203FBA, 203FBB,", substitute ", 203FBA, 203FBB".
17
Social Security Act 1991
18
6 Point 1068-G1 (method statement, step 7)
19
Omit "1068-H12", substitute "1068-G12".
20
Social Security (Administration) Act 1999
21
7 Subdivision D of Division 1 of Part 3 (heading)
22
Repeal the heading.
23

 


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