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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
New Skilled Regional Visas
(Consequential Amendments) Bill 2019
No. , 2019
(Immigration, Citizenship, Migrant Services and Multicultural Affairs)
A Bill for an Act to amend the law consequential to
the creation of certain visas, and for related
purposes
No. , 2019
New Skilled Regional Visas (Consequential Amendments) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments of Social Services legislation
3
A New Tax System (Family Assistance) Act 1999
3
Disability Services Act 1986
4
National Disability Insurance Scheme Act 2013
4
Paid Parental Leave Act 2010
4
Social Security Act 1991
5
Schedule 2--Amendment of the Higher Education Support Act
2003
10
Higher Education Support Act 2003
10
Schedule 3--Amendment of the Fair Entitlements Guarantee
Act 2012
12
Fair Entitlements Guarantee Act 2012
12
No. , 2019
New Skilled Regional Visas (Consequential Amendments) Bill 2019
1
A Bill for an Act to amend the law consequential to
1
the creation of certain visas, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the New Skilled Regional Visas (Consequential
6
Amendments) Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
New Skilled Regional Visas (Consequential Amendments) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 16 November 2019.
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 Schedules
7
Legislation 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
Amendments of Social Services legislation Schedule 1
No. , 2019
New Skilled Regional Visas (Consequential Amendments) Bill 2019
3
Schedule 1--Amendments of Social Services
1
legislation
2
3
A New Tax System (Family Assistance) Act 1999
4
1 Subsection 3(1)
5
Insert:
6
provisional skilled regional visa has the same meaning as in the
7
Social Security Act 1991.
8
2 At the end of subsection 61AA(2)
9
Add:
10
; or (c) becomes the holder of a provisional skilled regional visa.
11
3 Subsection 61AA(2B)
12
Omit "Paragraph (2)(b) does not apply", substitute "Paragraphs (2)(b)
13
and (c) do not apply".
14
4 After subsection 61AA(2B)
15
Insert:
16
(2C) Paragraph (2)(b) does not apply in relation to an individual if at
17
any time the individual has held a visa covered by paragraph (2)(c).
18
5 Paragraph 61AA(3)(b)
19
Omit "the visa covered by paragraph (2)(a) or (b)", substitute "the visa
20
the individual holds".
21
6 Paragraph 61AA(5)(d)
22
Repeal the paragraph, substitute:
23
(d) first becomes the holder of either a permanent visa or a
24
provisional skilled regional visa;
25
Schedule 1 Amendments of Social Services legislation
4
New Skilled Regional Visas (Consequential Amendments) Bill 2019
No. , 2019
Disability Services Act 1986
1
7 Section 21
2
Omit all the words after "unless the person", substitute "is an Australian
3
resident within the meaning of the Social Security Act 1991".
4
National Disability Insurance Scheme Act 2013
5
8 After subparagraph 23(1)(b)(ii)
6
Insert:
7
(iia) the holder of a provisional skilled regional visa (within
8
the meaning of the Social Security Act 1991);
9
Paid Parental Leave Act 2010
10
9 Section 6
11
Insert:
12
provisional skilled regional visa has the same meaning as in the
13
Social Security Act.
14
10 At the end of subsection 31A(1)
15
Add:
16
; or (c) becomes the holder of a provisional skilled regional visa.
17
11 Subsection 31A(1B)
18
Omit "Paragraph (1)(b) does not apply", substitute "Paragraphs (1)(b)
19
and (c) do not apply".
20
12 After subsection 31A(1B)
21
Insert:
22
(1C) Paragraph (1)(b) does not apply in relation to a person if at any
23
time the person has held a visa covered by paragraph (1)(c).
24
13 Paragraph 31A(2)(b)
25
Omit "the visa covered by paragraph (1)(a) or (b)", substitute "the visa
26
the person holds".
27
Amendments of Social Services legislation Schedule 1
No. , 2019
New Skilled Regional Visas (Consequential Amendments) Bill 2019
5
14 Paragraph 31A(4)(d)
1
Repeal the paragraph, substitute:
2
(d) first becomes the holder of either a permanent visa or a
3
provisional skilled regional visa;
4
15 At the end of subsection 115CBA(1)
5
Add:
6
; or (c) becomes the holder of a provisional skilled regional visa.
7
16 Subsection 115CBA(1B)
8
Omit "Paragraph (1)(b) does not apply", substitute "Paragraphs (1)(b)
9
and (c) do not apply".
10
17 After subsection 115CBA(1B)
11
Insert:
12
(1C) Paragraph (1)(b) does not apply in relation to a person if at any
13
time the person has held a visa covered by paragraph (1)(c).
14
18 Paragraph 115CBA(2)(b)
15
Omit "the visa covered by paragraph (1)(a) or (b)", substitute "the visa
16
the person holds".
17
19 Paragraph 115CBA(4)(d)
18
Repeal the paragraph, substitute:
19
(d) first becomes the holder of either a permanent visa or a
20
provisional skilled regional visa;
21
Social Security Act 1991
22
20 Subsection 7(1)
23
Insert:
24
provisional skilled regional visa means:
25
(a) a visa referred to in the regulations under the Migration Act
26
1958 as a Subclass 491 (Skilled Work Regional
27
(Provisional)) visa; or
28
Schedule 1 Amendments of Social Services legislation
6
New Skilled Regional Visas (Consequential Amendments) Bill 2019
No. , 2019
(b) a visa referred to in the regulations under the Migration Act
1
1958 as a Subclass 494 (Skilled Employer Sponsored
2
Regional (Provisional)) visa; or
3
(c) a visa of a kind determined in an instrument under
4
subsection (4C).
5
21 After subparagraph 7(2)(b)(ii)
6
Insert:
7
(iia) the holder of a provisional skilled regional visa;
8
22 Subsection 7(4B)
9
Omit "permanent" (wherever occurring).
10
23 After subsection 7(4B)
11
Insert:
12
(4C) The Minister may, by legislative instrument, determine a kind of
13
visa for the purposes of paragraph (c) of the definition of
14
provisional skilled regional visa in subsection (1) if the Minister
15
has been advised by the Minister administering the Migration Act
16
1958 (the Immigration Minister) that, in the opinion of the
17
Immigration Minister:
18
(a) a visa Subclass mentioned in paragraph (a) or (b) of that
19
definition has been or will be replaced by that kind of visa;
20
and
21
(b) the replacement kind of visa is intended to give the same
22
benefits as the replaced visa Subclass.
23
24 Subsection 23(1)
24
Insert:
25
provisional skilled regional visa: see subsection 7(1).
26
25 At the end of section 43
27
Add:
28
(3A) If a person qualified for an age pension when the person was the
29
holder of a provisional skilled regional visa, then:
30
(a) if the person does not apply for a permanent visa while the
31
holder of a provisional skilled regional visa--the person
32
Amendments of Social Services legislation Schedule 1
No. , 2019
New Skilled Regional Visas (Consequential Amendments) Bill 2019
7
ceases to be qualified when the person is no longer the holder
1
of a provisional skilled regional visa; and
2
(b) if the person applies for a permanent visa while the holder of
3
a provisional skilled regional visa--the person ceases to be
4
qualified if:
5
(i) the permanent visa has been refused and the application
6
has been finally determined within the meaning of the
7
Migration Act 1958; and
8
(ii) the person is no longer the holder of a provisional
9
skilled regional visa.
10
26 After subsection 94(1)
11
Insert:
12
(1A) If a person qualified for disability support pension under this
13
section while the person was the holder of a provisional skilled
14
regional visa, then:
15
(a) if the person does not apply for a permanent visa while the
16
holder of a provisional skilled regional visa--the person
17
ceases to be qualified when the person is no longer the holder
18
of a provisional skilled regional visa; and
19
(b) if the person applies for a permanent visa while the holder of
20
a provisional skilled regional visa--the person ceases to be
21
qualified if:
22
(i) the permanent visa has been refused and the application
23
has been finally determined within the meaning of the
24
Migration Act 1958; and
25
(ii) the person is no longer the holder of a provisional
26
skilled regional visa.
27
27 At the end of section 95
28
Add:
29
(3) If a person qualified for disability support pension under this
30
section while the person was the holder of a provisional skilled
31
regional visa, then:
32
(a) if the person does not apply for a permanent visa while the
33
holder of a provisional skilled regional visa--the person
34
ceases to be qualified when the person is no longer the holder
35
of a provisional skilled regional visa; and
36
Schedule 1 Amendments of Social Services legislation
8
New Skilled Regional Visas (Consequential Amendments) Bill 2019
No. , 2019
(b) if the person applies for a permanent visa while the holder of
1
a provisional skilled regional visa--the person ceases to be
2
qualified if:
3
(i) the permanent visa has been refused and the application
4
has been finally determined within the meaning of the
5
Migration Act 1958; and
6
(ii) the person is no longer the holder of a provisional
7
skilled regional visa.
8
28 After paragraph 739A(1)(b)
9
Insert:
10
(c) becomes the holder of a provisional skilled regional visa; or
11
29 Paragraph 739A(5)(d)
12
Repeal the paragraph, substitute:
13
(d) first becomes the holder of either a permanent visa or a
14
provisional skilled regional visa;
15
30 Application provisions
16
(1)
The amendments of section 61AA of the A New Tax System (Family
17
Assistance) Act 1999 made by this Schedule apply in relation to a
18
person who becomes the holder of a visa before or after the
19
commencement of this item.
20
(2)
The amendments of sections 31A and 115CBA of the Paid Parental
21
Leave Act 2010 made by this Schedule apply in relation to a person who
22
becomes the holder of a visa before or after the commencement of this
23
item.
24
(3)
The amendments of section 739A of the Social Security Act 1991 made
25
by this Schedule apply in relation to a person who becomes the holder
26
of a visa before or after the commencement of this item.
27
31 Transitional provision
28
(1)
This item applies in relation to any period before the commencement of
29
this item during which a person:
30
(a) resided in Australia; and
31
(b) was the holder of a visa referred to in the regulations under
32
the Migration Act 1958 as a Subclass 491 (Skilled Work
33
Amendments of Social Services legislation Schedule 1
No. , 2019
New Skilled Regional Visas (Consequential Amendments) Bill 2019
9
Regional (Provisional)) visa or a Subclass 494 (Skilled
1
Employer Sponsored Regional (Provisional)) visa.
2
(2)
The period is taken to be a period in which the person was an Australian
3
resident for the purposes of determining the following:
4
(a) whether the person has 10 years qualifying Australian
5
residence within the meaning of subsection 7(5) of the Social
6
Security Act 1991;
7
(b) the person's current period as an Australian resident within
8
the meaning of the Social Security Act 1991;
9
(c) whether the person is subject to a newly arrived resident's
10
waiting period within the meaning of the Social Security Act
11
1991 and, if so, the duration of that period;
12
(d) the period the person has been an Australian resident for the
13
purposes of paragraph 43(1A)(d) or
14
subparagraph 315(1)(d)(ii) or 500(1)(d)(ii) of the Social
15
Security Act 1991;
16
(e) the person's period of Australian working life residence for
17
the purposes of section 1221 of the Social Security Act 1991
18
or section 16 of the Social Security (International
19
Agreements) Act 1999;
20
(f) whether the person is subject to a newly arrived resident's
21
waiting period within the meaning of the Farm Household
22
Support Act 2014 and, if so, the duration of that period.
23
(3)
The person is taken to have been an Australian resident during the
24
period for the purposes of the following provisions of the Social
25
Security Act 1991:
26
(a) paragraph 43(1A)(c);
27
(b) subparagraphs 94(1)(e)(i) and (iii);
28
(c) subparagraphs 95(1)(c)(i) and (iii);
29
(d) subparagraph 315(1)(d)(i);
30
(e) paragraphs 540A(2)(a) and (c);
31
(f) paragraphs 593(1C)(a) and (c);
32
(g) subparagraph 1061PAA(1)(c)(i);
33
(h) subsection 1220(1);
34
(i) subsection 1220B(2).
35
Schedule 2 Amendment of the Higher Education Support Act 2003
10
New Skilled Regional Visas (Consequential Amendments) Bill 2019
No. , 2019
Schedule 2--Amendment of the Higher
1
Education Support Act 2003
2
3
Higher Education Support Act 2003
4
1 Paragraph 36-10(2)(c)
5
After "holder", insert ", or a
*
provisional skilled regional visa holder,".
6
2 Subsection 36-10(2A)
7
Omit "subparagraph", substitute "paragraph".
8
3 Paragraph 104-5(1)(c)
9
After "holder", insert ", or a
*
provisional skilled regional visa holder,".
10
4 Subclause 1(1) of Schedule 1
11
Insert:
12
provisional skilled regional visa holder means the holder (within
13
the meaning of the Migration Act 1958) of:
14
(a) a visa referred to in the regulations under that Act as a
15
Subclass 491 (Skilled Work Regional (Provisional)) visa; or
16
(b) a visa referred to in the regulations under that Act as a
17
Subclass 494 (Skilled Employer Sponsored Regional
18
(Provisional)) visa; or
19
(c) a visa of a kind determined in an instrument under
20
subclause (4).
21
5 At the end of clause 1 of Schedule 1
22
Add:
23
(4) The Minister may, by legislative instrument, determine a kind of
24
visa for the purposes of paragraph (c) of the definition of
25
provisional skilled regional visa holder in subclause (1) if the
26
Minister has been advised by the Minister administering the
27
Migration Act 1958 (the Immigration Minister) that, in the opinion
28
of the Immigration Minister:
29
Amendment of the Higher Education Support Act 2003 Schedule 2
No. , 2019
New Skilled Regional Visas (Consequential Amendments) Bill 2019
11
(a) a visa Subclass mentioned in paragraph (a) or (b) of that
1
definition has been or will be replaced by that kind of visa;
2
and
3
(b) the replacement kind of visa is intended to give the same
4
benefits as the replaced visa Subclass.
5
6 Application provision
6
The amendments of sections 36-10 and 104-5 of the Higher Education
7
Support Act 2003 made by this Schedule apply in relation to any unit of
8
study with a census date that is on or after the commencement of this
9
item (whether the unit of study is part of a course of study commenced
10
before or after that day).
11
Schedule 3 Amendment of the Fair Entitlements Guarantee Act 2012
12
New Skilled Regional Visas (Consequential Amendments) Bill 2019
No. , 2019
Schedule 3--Amendment of the Fair
1
Entitlements Guarantee Act 2012
2
3
Fair Entitlements Guarantee Act 2012
4
1 Paragraph 10(1)(g)
5
Omit "or, under the Migration Act 1958, the holder of a permanent visa
6
or a special category visa", substitute "or the holder (within the meaning
7
of the Migration Act 1958) of a visa of a kind mentioned in
8
subsection (3)".
9
2 At the end of section 10
10
Add:
11
Visas
12
(3) For the purposes of paragraph (1)(g), the kinds of visa are the
13
following:
14
(a) a permanent visa (within the meaning of the Migration Act
15
1958);
16
(b) a special category visa (within the meaning of the Migration
17
Act 1958);
18
(c) a visa referred to in the regulations under the Migration Act
19
1958 as a Subclass 491 (Skilled Work Regional
20
(Provisional)) visa;
21
(d) a visa referred to in the regulations under the Migration Act
22
1958 as a Subclass 494 (Skilled Employer Sponsored
23
Regional (Provisional)) visa;
24
(e) a visa of a kind determined in an instrument under
25
subsection (4).
26
(4) The Minister may, by legislative instrument, determine a kind of
27
visa for the purposes of paragraph (3)(e) if the Minister has been
28
advised by the Minister administering the Migration Act 1958 (the
29
Immigration Minister) that, in the opinion of the Immigration
30
Minister:
31
(a) a visa Subclass mentioned in paragraph (3)(c) or (d) has been
32
or will be replaced by that kind of visa; and
33
Amendment of the Fair Entitlements Guarantee Act 2012 Schedule 3
No. , 2019
New Skilled Regional Visas (Consequential Amendments) Bill 2019
13
(b) the replacement kind of visa is intended to give the same
1
benefits as the replaced visa Subclass.
2
3 Application provision
3
The amendment of paragraph 10(1)(g) of the Fair Entitlements
4
Guarantee Act 2012 made by this Schedule applies in relation to the end
5
of a person's employment, whether the employment ends before or after
6
the commencement of this item.
7