Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Paid Parental Leave Amendment Bill
2014
No. , 2014
(Small Business)
A Bill for an Act to amend the Paid Parental Leave
Act 2010, and for related purposes
No. , 2014
Paid Parental Leave Amendment Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 1
Schedule 1--Paid parental leave
3
Part 1--Amendments
3
Paid Parental Leave Act 2010
3
Part 2--Application and transitional provisions
10
No. , 2014
Paid Parental Leave Amendment Bill 2014
1
A Bill for an Act to amend the Paid Parental Leave
1
Act 2010, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Paid Parental Leave Amendment Act
5
2014.
6
2 Commencement
7
This Act commences on 1 July 2014.
8
3 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2
Paid Parental Leave Amendment Bill 2014
No. , 2014
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Paid parental leave Schedule 1
Amendments Part 1
No. , 2014
Paid Parental Leave Amendment Bill 2014
3
Schedule 1
--Paid parental leave
1
Part 1
--Amendments
2
Paid Parental Leave Act 2010
3
1 Section 4 (paragraph relating to Part 3-3)
4
Omit "(e.g. the person is a contractor and so does not have an
5
employer)", substitute "(e.g. the person's employer does not make an
6
election to pay instalments to the person)".
7
2 Section 4 (paragraph relating to Part 3-3)
8
Omit "is being reviewed or".
9
3 Section 4 (paragraph relating to Part 3-5)
10
Repeal the paragraph, substitute:
11
Part 3-5 is about employer determinations. An employer is only
12
required to pay instalments to a person if an employer
13
determination is in force for the employer and the person. An
14
employer determination cannot be made unless certain conditions
15
are met (e.g. the employer has made an election to pay instalments
16
to the person).
17
4 Section 6 (definition of acceptance notice)
18
Omit "section 103", substitute "paragraph 103(1)(a)".
19
5 Section 6 (definition of bank account information)
20
Omit "subsection 104(2)", substitute "paragraph 109(2)(b)".
21
6 Section 6 (definition of employer determination decision)
22
Repeal the definition.
23
7 Section 6
24
Insert:
25
non-acceptance notice: see paragraph 103(1)(b).
26
Schedule 1 Paid parental leave
Part 1 Amendments
4
Paid Parental Leave Amendment Bill 2014
No. , 2014
8 Section 6 (definition of transfer day)
1
Omit "84(3), (4) and (5)", substitute "84(4) and (5)".
2
9 Subsection 64(1) (note)
3
Omit "Sections 93 and 94 affect", substitute "Section 94 affects".
4
10 Section 83 (third paragraph)
5
Omit "is being reviewed or".
6
11 Subsection 84(3)
7
Repeal the subsection.
8
12 Section 85 (heading)
9
Repeal the heading, substitute:
10
85 Payment of arrears--employer determination revoked before
11
coming into force
12
13 Subsection 85(1)
13
Repeal the subsection, substitute:
14
(1) This section applies if:
15
(a) the Secretary is required to pay an instalment to a person
16
under subsection 84(4) (which deals with payment of
17
instalments where an employer determination is revoked);
18
and
19
(b) the employer determination made for the person and the
20
person's employer has never come into force.
21
14 Subsection 85(3)
22
Omit "or (b)".
23
15 Section 93
24
Repeal the section.
25
16 Section 100
26
Repeal the section, substitute:
27
Paid parental leave Schedule 1
Amendments Part 1
No. , 2014
Paid Parental Leave Amendment Bill 2014
5
100 Guide to this Part
1
This Part is about employer determinations. An employer is only
2
required to pay instalments to a person if an employer
3
determination has been made and is in force for the employer and
4
the person.
5
An employer determination cannot be made unless certain
6
conditions are met. One of those conditions is that the employer
7
has made an election to pay instalments and that election applies to
8
the person.
9
Even though an employer determination is made, the obligations
10
on the employer to pay instalments to the person only arise when
11
the employer determination is in force. An employer determination
12
comes into force when the employer gives the Secretary an
13
acceptance notice. Once the determination comes into force, it
14
stays in force unless the Secretary revokes it.
15
17 Paragraphs 101(1)(b) and (c)
16
Repeal the paragraphs, substitute:
17
(b) the employer has made an election under section 109 to pay
18
instalments and that election applies to the person; and
19
(c) the person has consented in the claim to the employer paying
20
instalments to the person; and
21
18 Paragraph 101(1)(e)
22
Repeal the paragraph.
23
19 Paragraph 101(1)(f)
24
Omit "(c) to (e) are satisfied in relation to more than one employer of
25
the person (other than because of subsection (2))", substitute "(b) to (d)
26
are satisfied in relation to more than one employer of the person".
27
20 Subsection 101(2)
28
Repeal the subsection.
29
21 Section 103
30
Repeal the section, substitute:
31
Schedule 1 Paid parental leave
Part 1 Amendments
6
Paid Parental Leave Amendment Bill 2014
No. , 2014
103 Employer response to notice of employer determination
1
(1) If an employer is given a notice under section 102 that an employer
2
determination has been made, the employer may, within the period
3
referred to in subsection (2):
4
(a) give the Secretary a written notice (the acceptance notice)
5
that complies with section 104; or
6
(b) give the Secretary notice (the non-acceptance notice), orally
7
or in writing, declaring that the employer does not accept the
8
employer's obligations to pay instalments to the person.
9
(2) For the purposes of subsection (1), the period is 14 days, or such
10
longer period allowed by the Secretary, after the date of the notice
11
given under section 102.
12
22 Subsections 104(2) and (5)
13
Repeal the subsections.
14
23 Section 105
15
Repeal the section.
16
24 Subsection 107(1)
17
Omit "or (3)".
18
25 Subsection 107(2) (heading)
19
Repeal the heading.
20
26 Subsection 107(2)
21
Omit "or a compliance notice given under section 157".
22
27 Subsection 107(3)
23
Repeal the subsection.
24
28 Subsection 108(1) (after table item 1)
25
Insert:
26
1A
The employer has given a
non-acceptance notice for the person
under paragraph 103(1)(b).
The day of the revocation.
Paid parental leave Schedule 1
Amendments Part 1
No. , 2014
Paid Parental Leave Amendment Bill 2014
7
29 Subsection 108(1) (table item 2, column 1)
1
Omit "for the person as required by a compliance notice given for a
2
contravention of", substitute "or a non-acceptance notice for the person
3
in the period referred to in".
4
30 Subsection 108(6)
5
Repeal the subsection.
6
31 Subsection 109(1)
7
After "An employer", insert "who has an ABN".
8
32 Paragraph 109(2)(b)
9
Repeal the paragraph, substitute:
10
(b) contain the following information (bank account
11
information) about an account held and maintained by the
12
employer with a financial institution into which PPL funding
13
amounts can be paid:
14
(i) the account number;
15
(ii) the BSB number of the account;
16
(iii) the name in which the account is held;
17
(iv) the name of the financial institution.
18
33 Section 146 (table items 10 and 11)
19
Repeal the items.
20
34 Subsection 157(1)
21
Repeal the subsection, substitute:
22
Compliance notice given by Secretary
23
(1) This section applies if the Secretary reasonably believes that a
24
person has contravened subsection 82(2) (which deals with
25
notifying the Secretary if certain events happen).
26
35 Subsection 159(1)
27
Omit "one or more", substitute "either or both".
28
36 Paragraphs 159(1)(b) and (c)
29
Repeal the paragraphs.
30
Schedule 1 Paid parental leave
Part 1 Amendments
8
Paid Parental Leave Amendment Bill 2014
No. , 2014
37 Section 202 (last paragraph)
1
Repeal the paragraph, substitute:
2
The third kind of review is where an employer applies for internal
3
review of decisions that affect the employer in relation to PPL
4
funding amounts (those decisions are "employer funding amount
5
decisions").
6
38 Subsection 203(2) (note 1)
7
Repeal the note.
8
39 Subsection 203(2) (note 2)
9
Omit "Note 2", substitute "Note".
10
40 Subsection 205(1)
11
Omit ", 207".
12
41 Section 207
13
Repeal the section.
14
42 Subsection 209(2)
15
Omit ", other than an application under section 207 (which deals with
16
application for review of employer determination decisions),".
17
43 Paragraphs 210(2)(a) and (b)
18
Omit "an employer determination decision or".
19
44 Paragraph 212(1)(c)
20
Repeal the paragraph.
21
45 Subsection 212(5)
22
Omit "or (1)(c)".
23
46 Paragraphs 223(1)(a), (b), (c) and (d)
24
Omit "an employer determination decision or".
25
Paid parental leave Schedule 1
Amendments Part 1
No. , 2014
Paid Parental Leave Amendment Bill 2014
9
47 Subsection 224(1)
1
Repeal the subsection.
2
48 Subsection 224(2)
3
Omit "if the decision is an employer funding amount decision".
4
49 Subsection 224(3)
5
Omit "(1) or".
6
50 Paragraph 225(2)(b)
7
Repeal the paragraph.
8
51 Subsection 278(1)
9
Omit "(1)".
10
52 Subsection 278(2)
11
Repeal the subsection.
12
53 Subsection 299(1)
13
Repeal the subsection, substitute:
14
(1) The PPL rules or the regulations may provide that a person may
15
make an election under section 109 to pay instalments to another
16
person if both persons are in a relationship that is similar to the
17
relationship between an employer and an employee.
18
Schedule 1 Paid parental leave
Part 2 Application and transitional provisions
10
Paid Parental Leave Amendment Bill 2014
No. , 2014
Part 2
--Application and transitional provisions
1
54 Application of amendments
2
The amendments made by Part 1 of this Schedule apply in relation to an
3
employer determination that is made on or after the commencement of
4
this Act in relation to a claim for parental leave pay that is made before,
5
on or after that commencement.
6
55 Transitional provision
--elections made before
7
commencement
8
An election under section 109 of the Paid Parental Leave Act 2010 that
9
is in force immediately before the commencement of this Act ceases to
10
be in force at that commencement.
11
56 Transitional provision
--revoking employer determinations
12
made before commencement
13
(1)
This item applies if:
14
(a) an employer determination was made before the
15
commencement of this Act for a person and the person's
16
employer; and
17
(b) the determination had not been revoked before that
18
commencement; and
19
(c) the person's PPL period had not started before that
20
commencement.
21
(2)
The Secretary must revoke the determination.
22
(3)
The Paid Parental Leave Act 2010 applies as if a revocation under
23
subitem (2) of this item were made under subsection 108(1) of that Act.
24