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This is a Bill, not an Act. For current law, see the Acts databases.
SOCIAL SECURITY AND INDIGENOUS LEGISLATION AMENDMENT (BUDGET AND OTHER MEASURES) BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security and Indigenous
Legislation Amendment (Budget and
Other Measures) Bill 2010
No. , 2010
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend the law relating to social
security and to the Indigenous Land Corporation,
and for related purposes
i Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill
2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
4
Schedule 1--Carer allowance
5
Social Security Act 1991
5
Schedule 2--Income management regime
8
Part 1--Income Management Record
8
Social Security (Administration) Act 1999
8
Part 2--Debt recovery
13
Social Security Act 1991
13
Social Security (Administration) Act 1999
14
Part 3--Credit of income management accounts in error
15
Social Security (Administration) Act 1999
15
Part 4--Credit of income management accounts before debt
recovery
16
Social Security (Administration) Act 1999
16
Part 5--Student start-up scholarship payments and relocation
scholarship payments
20
Social Security (Administration) Act 1999
20
Part 6--Other amendments
21
Social Security (Administration) Act 1999
21
Schedule 3--Aboriginal and Torres Strait Islander Land
Account
23
Aboriginal and Torres Strait Islander Act 2005
23
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 1
A Bill for an Act to amend the law relating to social
1
security and to the Indigenous Land Corporation,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Social Security and Indigenous
6
Legislation Amendment (Budget and Other Measures) Act 2010.
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 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
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
1 July 2010.
1 July 2010
3. Schedule 2,
items 1 to 12
The day after this Act receives the Royal
Assent.
4. Schedule 2,
item 13
The day after this Act receives the Royal
Assent.
However, if item 19 of Schedule 2 to the
Social Security and Other Legislation
Amendment (Welfare Reform and
Reinstatement of Racial Discrimination Act)
Act 2010 commences on or before that day,
the provision(s) do not commence at all.
5. Schedule 2,
item 14
The day after this Act receives the Royal
Assent.
6. Schedule 2,
item 15
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
item 42 of Schedule 2 to the Social
Security and Other Legislation
Amendment (Welfare Reform and
Reinstatement of Racial Discrimination
Act) Act 2010.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
7. Schedule 2,
item 16
The day after this Act receives the Royal
Assent.
8. Schedule 2,
item 17
Immediately after the commencement of
item 12 of Schedule 1 to the Carbon
Pollution Reduction Scheme Amendment
(Household Assistance) Act 2010.
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
9. Schedule 2,
item 18
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
item 28 of Schedule 2 to the Social
Security and Other Legislation
Amendment (Income Support for
Students) Act 2010.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
10. Schedule 2,
item 19
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
item 64 of Schedule 2 to the Social
Security and Other Legislation
Amendment (Welfare Reform and
Reinstatement of Racial Discrimination
Act) Act 2010.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
11. Schedule 2,
items 20 to 37
The day after this Act receives the Royal
Assent.
12. Schedule 2,
Parts 2 to 4
The day after this Act receives the Royal
Assent.
4 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
13. Schedule 2,
Part 5
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
item 28 of Schedule 2 to the Social
Security and Other Legislation
Amendment (Income Support for
Students) Act 2010.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
14. Schedule 2,
Part 6
The day after this Act receives the Royal
Assent.
15. Schedule 3
1 July 2010.
1 July 2010
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Carer allowance Schedule 1
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 5
Schedule 1--Carer allowance
1
2
Social Security Act 1991
3
1 Section 38D
4
Repeal the section.
5
2 At the end of section 38E
6
Add:
7
(3) The Disability Care Load Assessment (Child) Determination may,
8
in addition, declare that a physical, intellectual or psychiatric
9
disability specified in the determination is a recognised disability
10
for the purposes of section 953.
11
3 Section 38F
12
Omit "or the Child Disability Assessment Tool".
13
4 Section 952 (definition of Child Disability Assessment Tool)
14
Repeal the definition.
15
5 Section 952
16
Insert:
17
Disability Care Load Assessment (Child) Determination has the
18
meaning given by subsection 38E(1).
19
6 Paragraph 953(1)(c)
20
Repeal the paragraph.
21
7 After paragraph 953(1)(d)
22
Insert:
23
(e) either of the following applies:
24
(i) the disability from which the care receiver is suffering is
25
declared, under subsection 38E(3), to be a recognised
26
disability for the purposes of this section;
27
(ii) the person has been given a qualifying rating of intense
28
under the Disability Care Load Assessment (Child)
29
Determination for caring for the care receiver; and
30
Schedule 1 Carer allowance
6 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
8 Paragraphs 953(2)(c) and (ca)
1
Repeal the paragraphs.
2
9 After paragraph 953(2)(d)
3
Insert:
4
(e) the person has been given a qualifying rating of intense under
5
the Disability Care Load Assessment (Child) Determination
6
for caring for the care receivers; and
7
10 After section 953
8
Insert:
9
953A Remaining qualified for carer allowance up to 3 months after
10
child turns 16
11
Single child
12
(1)
If:
13
(a) a person is qualified for carer allowance under subsection
14
953(1) for a disabled child; and
15
(b) the child turns 16; and
16
(c) apart from the child turning 16, the person would remain
17
qualified for carer allowance under that subsection for that
18
child;
19
then the person remains qualified for carer allowance under that
20
subsection for that child until:
21
(d) if the child is assessed and rated and given a score under the
22
Adult Disability Assessment Tool before the end of the
23
period of 3 months beginning on the day the child turned
24
16--the end of the day before the day the child is given that
25
score; or
26
(e) otherwise--the end of the period of 3 months beginning on
27
the day the child turned 16.
28
Two children
29
(2)
If:
30
(a) a person is qualified for carer allowance under subsection
31
953(2) for 2 disabled children; and
32
Carer allowance Schedule 1
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 7
(b) on a particular day (the relevant day), either or both of those
1
children turn 16; and
2
(c) apart from either or both of those children turning 16, the
3
person would remain qualified for carer allowance under that
4
subsection for those children;
5
then the person remains qualified for carer allowance under that
6
subsection for those children until:
7
(d) if either or both of those children are assessed and rated and
8
given a score under the Adult Disability Assessment Tool
9
before the end of the period of 3 months beginning on the
10
relevant day--the end of the day before the day the first such
11
score is given to one of those children; or
12
(e) otherwise--the end of the period of 3 months beginning on
13
the relevant day.
14
(3) Subsection (2) can apply only once in relation to the same 2
15
disabled children.
16
11 Application
17
The amendments made by items 6 to 9 apply for the purposes of
18
working out a person's qualification for carer allowance in respect of
19
days occurring on or after 1 July 2010.
20
12 Transitional--list of recognised disabilities
21
(1)
If, immediately before the commencement of this item, a disability was,
22
under subsection 38D(3) of the Social Security Act 1991, a recognised
23
disability for the purposes of section 953 of that Act, then, on and after
24
that commencement, the disability is taken to be declared, under
25
subsection 38E(3) of that Act, to be a recognised disability for the
26
purposes of that section.
27
(2)
Subitem (1) does not prevent a variation or revocation of an instrument
28
under section 38E of that Act.
29
30
Schedule 2 Income management regime
Part 1 Income Management Record
8 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
Schedule 2--Income management regime
1
Part 1--Income Management Record
2
Social Security (Administration) Act 1999
3
1 Section 123TC (definition of Finance Minister)
4
Repeal the definition.
5
2 Section 123TC
6
Insert:
7
Income Management Record means the Income Management
8
Record established by section 123VA.
9
3 Section 123TC (definition of Special Account)
10
Repeal the definition.
11
4 Division 3 of Part 3B (heading)
12
Repeal the heading, substitute:
13
Division 3--Establishment of the Income Management
14
Record
15
5 Sections 123VA and 123VB
16
Repeal the sections, substitute:
17
123VA Establishment of the Income Management Record
18
The Income Management Record is established by this section.
19
6 Section 123VC
20
Omit "Special Account", substitute "Income Management Record".
21
7 Subsection 123WA(1)
22
Omit "Special Account", substitute "Income Management Record".
23
8 At the end of section 123WA
24
Income management regime Schedule 2
Income Management Record Part 1
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 9
Add:
1
Amounts not held on trust
2
(3) An amount standing to the credit of a person's income
3
management account is not held on trust.
4
9 Paragraphs 123WJ(6)(a), (10)(a), (13)(a) and (16)(a)
5
Omit "Special Account", substitute "Income Management Record".
6
10 Paragraph 123WL(5)(a)
7
Omit "Special Account", substitute "Income Management Record".
8
11 Section 123WN
9
Omit "and the Finance Minister".
10
12 Paragraph 123WN(a)
11
Omit "Special Account", substitute "Income Management Record".
12
13 Paragraphs 123XA(2)(b), 123XB(2)(b), 123XC(2)(b),
13
123XD(2)(b), 123XE(2)(b), 123XF(2)(b), 123XG(2)(b) and
14
123XH(2)(b)
15
Omit "Special Account", substitute "Income Management Record".
16
14 Paragraphs 123XI(2)(b) and 123XJ(2)(b)
17
Omit "Special Account", substitute "Income Management Record".
18
15 Paragraphs 123XJA(2)(b), 123XJB(2)(b), 123XJC(2)(b) and
19
123XJD(2)(b)
20
Omit "Special Account", substitute "Income Management Record".
21
16 Paragraphs 123XK(2)(b), 123XL(2)(b), 123XM(2)(b),
22
123XN(2)(b), 123XO(2)(b), 123XP(2)(b), 123XPA(2)(b),
23
123XPB(2)(b), 123XPC(3)(b) and 123XPD(2)(b)
24
Omit "Special Account", substitute "Income Management Record".
25
17 Paragraph 123XPE(2)(b)
26
Omit "Special Account", substitute "Income Management Record".
27
Schedule 2 Income management regime
Part 1 Income Management Record
10 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
18 Paragraphs 123XPF(2)(b) and 123XPG(2)(b)
1
Omit "Special Account", substitute "Income Management Record".
2
19 Paragraphs 123XPH(2)(b) and 123XPI(2)(b)
3
Omit "Special Account", substitute "Income Management Record".
4
20 Subsection 123YC(4)
5
Omit "Special Account", substitute "Income Management Record".
6
Note:
The heading to subsection 123YC(4) is altered by omitting "Special Account" and
7
substituting "Income Management Record".
8
21 Subsection 123YD(4)
9
Omit "Special Account", substitute "Income Management Record".
10
Note:
The heading to subsection 123YD(4) is altered by omitting "Special Account" and
11
substituting "Income Management Record".
12
22 Subsections 123YE(4) and (5)
13
Omit "Special Account", substitute "Income Management Record".
14
Note:
The heading to subsection 123YE(4) is altered by omitting "Special Account" and
15
substituting "Income Management Record".
16
23 Subsections 123YF(4) and (5)
17
Omit "Special Account", substitute "Income Management Record".
18
Note:
The heading to subsection 123YF(4) is altered by omitting "Special Account" and
19
substituting "Income Management Record".
20
24 Subsection 123YG(3)
21
Omit "Special Account", substitute "Income Management Record".
22
Note:
The heading to subsection 123YG(3) is altered by omitting "Special Account" and
23
substituting "Income Management Record".
24
25 Subsection 123YH(3)
25
Omit "Special Account", substitute "Income Management Record".
26
Note:
The heading to subsection 123YH(3) is altered by omitting "Special Account" and
27
substituting "Income Management Record".
28
26 Subsection 123YI(4)
29
Omit "Special Account", substitute "Income Management Record".
30
Income management regime Schedule 2
Income Management Record Part 1
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 11
Note:
The heading to subsection 123YI(4) is altered by omitting "Special Account" and
1
substituting "Income Management Record".
2
27 Subsection 123YJ(4)
3
Omit "Special Account", substitute "Income Management Record".
4
Note:
The heading to subsection 123YJ(4) is altered by omitting "Special Account" and
5
substituting "Income Management Record".
6
28 Subsection 123YK(4)
7
Omit "Special Account", substitute "Income Management Record".
8
Note:
The heading to subsection 123YK(4) is altered by omitting "Special Account" and
9
substituting "Income Management Record".
10
29 Subsection 123YL(4)
11
Omit "Special Account", substitute "Income Management Record".
12
Note:
The heading to subsection 123YL(4) is altered by omitting "Special Account" and
13
substituting "Income Management Record".
14
30 Subsections 123YM(3) and (4)
15
Omit "Special Account", substitute "Income Management Record".
16
Note:
The heading to subsection 123YM(3) is altered by omitting "Special Account" and
17
substituting "Income Management Record".
18
31 Subsections 123YN(3) and (4)
19
Omit "Special Account", substitute "Income Management Record".
20
Note:
The heading to subsection 123YN(3) is altered by omitting "Special Account" and
21
substituting "Income Management Record".
22
32 Subsections 123YO(4) and (5)
23
Omit "Special Account", substitute "Income Management Record".
24
Note:
The heading to subsection 123YO(4) is altered by omitting "Special Account" and
25
substituting "Income Management Record".
26
33 Subsections 123YP(4) and (5)
27
Omit "Special Account", substitute "Income Management Record".
28
Note:
The heading to subsection 123YP(4) is altered by omitting "Special Account" and
29
substituting "Income Management Record".
30
34 Subsection 123YQ(3)
31
Omit "Special Account", substitute "Income Management Record".
32
Schedule 2 Income management regime
Part 1 Income Management Record
12 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
Note:
The heading to subsection 123YQ(3) is altered by omitting "Special Account" and
1
substituting "Income Management Record".
2
35 Subsection 123ZF(3)
3
Omit "Special Account", substitute "Income Management Record".
4
Note:
The heading to subsection 123ZF(3) is altered by omitting "Special Account" and
5
substituting "Income Management Record".
6
36 Subsection 123ZL(3)
7
Omit "Special Account", substitute "Income Management Record".
8
Note:
The heading to subsection 123ZL(3) is altered by omitting "Special Account" and
9
substituting "Income Management Record".
10
37 Transitional
11
(1)
Immediately after the commencement of this item, there is to be
12
credited to the Income Management Record an amount equal to the
13
balance of the Income Management Special Account immediately
14
before the commencement of this item.
15
(2)
A notional account kept within the Income Management Special
16
Account immediately before the commencement of this item is taken on
17
and after that commencement to be kept within the Income
18
Management Record.
19
(3)
Rules in force immediately before the commencement of this item
20
under section 123WN of the Social Security (Administration) Act 1999
21
in relation to the Income Management Special Account and to a
22
person's income management account have effect on and after that
23
commencement as if they were rules in force under that section in
24
relation to the Income Management Record and to a person's income
25
management account.
26
27
Income management regime Schedule 2
Debt recovery Part 2
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 13
Part 2--Debt recovery
1
Social Security Act 1991
2
38 After paragraph 1222(1)(b)
3
Insert:
4
(ba) debts owed to the Commonwealth under Part 3B of the
5
Administration Act; and
6
39 Subsection 1222(2) (at the end of the table)
7
Add:
8
9
20
Part 3B of the
Administration Act
deductions
legal proceedings
garnishee notice
repayment by instalments
1231, 1234A
1232
1233
1234
40 Paragraph 1230(1)(a)
10
After "this Act", insert "or Part 3B of the Administration Act".
11
41 Subsections 1230C(1) and (2)
12
After "this Act", insert "or Part 3B of the Administration Act".
13
42 Paragraph 1234A(1)(a)
14
After "this Act,", insert "Part 3B of the Administration Act,".
15
43 Subsection 1237AB(1)
16
After "this Act", insert "or Part 3B of the Administration Act".
17
44 Application
18
(1)
The amendments made by items 38 to 43 apply in relation to:
19
(a) debts arising under Part 3B of the Social Security
20
(Administration) Act 1999 on or after the commencement of
21
those items; and
22
(b) debts arising under that Part before that commencement, to
23
the extent that the debts were outstanding immediately before
24
that commencement.
25
Schedule 2 Income management regime
Part 2 Debt recovery
14 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
(2)
Subitem (1), so far as it relates to the amendment made by item 43, is in
1
addition to subsection 1236A(2) of the Social Security Act 1991.
2
Social Security (Administration) Act 1999
3
45 After subsection 123WJ(16)
4
Insert:
5
(16A) Subsection (14) is not limited by Chapter 5 of the 1991 Act also
6
applying in relation to the debt amount.
7
46 At the end of subsections 123ZF(2) and 123ZG(2) and (3)
8
Add:
9
Note:
For debt recovery, see Chapter 5 of the 1991 Act.
10
47 Subsection 123ZH(2)
11
After "Commonwealth", insert "(as a debt due to the Commonwealth)".
12
48 At the end of subsections 123ZH(2), 123ZI(2) and 123ZJ(5)
13
Add:
14
Note:
For debt recovery, see Chapter 5 of the 1991 Act.
15
16
Income management regime Schedule 2
Credit of income management accounts in error Part 3
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 15
Part 3--Credit of income management accounts in
1
error
2
Social Security (Administration) Act 1999
3
49 At the end of Subdivision D of Division 6 of Part 3B
4
Add:
5
123YR Credit of income management account in error
6
(1) If the Secretary is satisfied that an amount (the excess amount) has
7
been credited to a person's income management account in error,
8
the Secretary may determine, in writing, that the person's income
9
management account is to be debited by an amount equal to the
10
excess amount.
11
(2) If the Secretary makes a determination under subsection (1):
12
(a) the Income Management Record is debited by an amount
13
equal to the excess amount; and
14
(b) the person's income management account is debited by an
15
amount equal to the excess amount.
16
50 Application
17
The amendment made by item 49 applies in relation to credits occurring
18
on or after the commencement of that item.
19
20
Schedule 2 Income management regime
Part 4 Credit of income management accounts before debt recovery
16 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
Part 4--Credit of income management accounts
1
before debt recovery
2
Social Security (Administration) Act 1999
3
51 Subsections 123ZG(4) and (5)
4
Repeal the subsections, substitute:
5
Crediting of amounts
6
(4) In the case of the use of a voucher, the Secretary may determine, in
7
writing, that the first person's income management account is to be
8
credited by an amount equal to the face value of the voucher.
9
(5) If the Secretary makes a determination under subsection (4), then
10
an amount equal to the face value of the voucher is:
11
(a) credited to the Income Management Record; and
12
(b) credited to the first person's income management account.
13
(6) In the case of the use of a stored value card, the Secretary may
14
determine, in writing, that the first person's income management
15
account is to be credited by an amount equal to the monetary value
16
involved in the use.
17
(7) If the Secretary makes a determination under subsection (6), then
18
an amount equal to the monetary value involved in the use is:
19
(a) credited to the Income Management Record; and
20
(b) credited to the first person's income management account.
21
52 Subsections 123ZH(3) and (4)
22
Repeal the subsections, substitute:
23
Crediting of amounts
24
(3)
If:
25
(a) the Secretary gives the third person a notice under
26
subsection (2); and
27
(b) the Secretary is aware of the amount (the relevant amount)
28
that has not been applied by the relevant account holder for
29
the purposes of the acquisition of goods or services;
30
Income management regime Schedule 2
Credit of income management accounts before debt recovery Part 4
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 17
the Secretary may determine, in writing, that the first person's
1
income management account is to be credited by an amount equal
2
to the relevant amount.
3
(4) If the Secretary makes a determination under subsection (3), then
4
an amount equal to the relevant amount is:
5
(a) credited to the Income Management Record; and
6
(b) credited to the first person's income management account.
7
53 Subsections 123ZI(3) and (4)
8
Repeal the subsections, substitute:
9
Crediting of amounts
10
(3) If the Secretary is aware of the amount (the relevant amount) that
11
has not been applied by the relevant account holder for the
12
purposes of the acquisition of goods or services, the Secretary may
13
determine, in writing, that the first person's income management
14
account is to be credited by an amount equal to the relevant
15
amount.
16
(4) If the Secretary makes a determination under subsection (3), then
17
an amount equal to the relevant amount is:
18
(a) credited to the Income Management Record; and
19
(b) credited to the first person's income management account.
20
54 After subsection 123ZJ(2)
21
Insert:
22
(2A) To avoid doubt, the action to which subparagraph (1)(c)(ii), (iii),
23
(iv) or (v) applies is covered by paragraph 123ZN(1)(e), (f), (g) or
24
(h) (as the case requires).
25
55 Subsection 123ZJ(4)
26
Repeal the subsection, substitute:
27
Crediting of amounts
28
(4) An amount equal to the relevant excess is:
29
(a) credited to the Income Management Record; and
30
(b) credited to the first person's income management account.
31
Schedule 2 Income management regime
Part 4 Credit of income management accounts before debt recovery
18 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
56 Subsections 123ZJ(6) and (7)
1
Repeal the subsections.
2
57 Application
3
(1)
The amendment made by item 51 applies in relation to:
4
(a) the use of a voucher, or the use of a stored value card, on or
5
after the commencement of that item (whether the voucher or
6
stored value card was given before, on or after that
7
commencement); and
8
(b) the use of a voucher, or the use of a stored value card, before
9
that commencement, unless before that commencement an
10
amount had been received by the Commonwealth under
11
subsection 123ZG(2) or (3) of the Social Security
12
(Administration) Act 1999 in relation to that use.
13
(2)
Paragraph 123ZH(3)(a) of the Social Security (Administration) Act
14
1999, as inserted by item 52, applies in relation to:
15
(a) a notice given on or after the commencement of that item;
16
and
17
(b) a notice given before that commencement, unless before that
18
commencement an amount had been received by the
19
Commonwealth in compliance with the notice.
20
(3)
The amendment made by item 53 applies in relation to:
21
(a) an amount paid to a third person on or after the
22
commencement of that item; and
23
(b) an amount paid to a third person before that commencement,
24
unless before that commencement an amount had been
25
received by the Commonwealth under subsection 123ZI(2) of
26
the Social Security (Administration) Act 1999 in relation to
27
that payment.
28
(4)
Paragraph 123ZJ(4)(a) of the Social Security (Administration) Act 1999,
29
as inserted by item 55, applies in relation to a relevant excess arising on
30
or after the commencement of that item.
31
(5)
Paragraph 123ZJ(4)(b) of the Social Security (Administration) Act 1999,
32
as inserted by item 55, applies in relation to:
33
(a) a relevant excess arising on or after the commencement of
34
that item; and
35
Income management regime Schedule 2
Credit of income management accounts before debt recovery Part 4
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 19
(b) a relevant excess arising before that commencement, unless
1
before that commencement an amount had been received by
2
the Commonwealth under subsection 123ZJ(5) of that Act in
3
relation to that excess.
4
5
Schedule 2 Income management regime
Part 5 Student start-up scholarship payments and relocation scholarship payments
20 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
Part 5--Student start-up scholarship payments and
1
relocation scholarship payments
2
Social Security (Administration) Act 1999
3
58 Subsection 123XPF(3)
4
Repeal the subsection, substitute:
5
(3) For the purposes of subsection (2), the deductible portion of a
6
student start-up scholarship payment is:
7
(a) 100% of the amount of the payment; or
8
(b) if a lower percentage is specified in a legislative instrument
9
made by the Minister for the purposes of this paragraph--the
10
lower percentage of the amount of the payment.
11
59 Subsection 123XPG(3)
12
Repeal the subsection, substitute:
13
(3) For the purposes of subsection (2), the deductible portion of a
14
relocation scholarship payment is:
15
(a) 100% of the amount of the payment; or
16
(b) if a lower percentage is specified in a legislative instrument
17
made by the Minister for the purposes of this paragraph--the
18
lower percentage of the amount of the payment.
19
60 Application
20
The amendments made by items 58 and 59 apply in relation to
21
payments that become payable on or after the commencement of those
22
items.
23
24
Income management regime Schedule 2
Other amendments Part 6
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 21
Part 6--Other amendments
1
Social Security (Administration) Act 1999
2
61 After section 123ZI
3
Insert:
4
123ZIA Balance of income management account falls below value of
5
action taken under Division 6
6
Scope
7
(1) This section applies if:
8
(a) the Secretary takes action under Division 6 that requires an
9
amount (the initial amount) to be debited from a person's
10
income management account; and
11
(b) at any time between the taking of the action and the recording
12
of the debit as mentioned in subsection 123ZNA(2), the
13
balance of the person's account falls below an amount equal
14
to the initial amount.
15
Note:
The recording of the debiting of the initial amount may leave the
16
person's income management account having a debit balance, but
17
subsections (2) and (3) allow a credit to that account of an amount
18
equal to the initial amount.
19
Crediting of amounts
20
(2) The Secretary may determine, in writing, that the person's income
21
management account is to be credited by an amount equal to the
22
initial amount.
23
(3) If the Secretary makes a determination under subsection (2), then
24
an amount equal to the initial amount is:
25
(a) credited to the Income Management Record; and
26
(b) credited to the person's income management account.
27
Debt
28
(4) If the Secretary makes a determination under subsection (2), then
29
an amount equal to the initial amount is a debt due by the person to
30
the Commonwealth.
31
Schedule 2 Income management regime
Part 6 Other amendments
22 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
Note:
For debt recovery, see Chapter 5 of the 1991 Act.
1
62 After section 123ZN
2
Insert:
3
123ZNA Recording of amounts in accounts and records
4
(1) This section applies to:
5
(a) the crediting of an amount to the Income Management
6
Record, or to a person's income management account, under
7
this Part; and
8
(b) the debiting of an amount from the Income Management
9
Record, or from a person's income management account,
10
under this Part.
11
(2) The crediting or debiting takes effect at the time an entry recording
12
the crediting or debiting is made in the accounts and records of the
13
Department or Centrelink.
14
63 Application
15
The amendment made by item 61 applies in relation to actions taken on
16
or after the commencement of that item.
17
18
Aboriginal and Torres Strait Islander Land Account Schedule 3
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 23
Schedule 3--Aboriginal and Torres Strait
1
Islander Land Account
2
3
Aboriginal and Torres Strait Islander Act 2005
4
1 Subsection 4(1) (definition of category A year)
5
Repeal the definition.
6
2 Subsection 4(1) (definition of category B year)
7
Repeal the definition.
8
3 Subsection 191L(1)
9
Omit "(1)".
10
4 Subsections 191L(2) to (5)
11
Repeal the subsections.
12
5 Section 191W
13
Omit ", subject to any direction from the Minister under subsection
14
191L(2),".
15
6 Sections 192Y to 193E
16
Repeal the sections, substitute:
17
192Y Indexation factor
18
(1)
The
indexation factor for a financial year is worked out using the
19
formula:
20
Sum of index numbers for quarters in first June year
Sum of index numbers for quarters in second June year
21
where:
22
first June year means the period of 12 months ending on 30 June
23
immediately before the financial year.
24
index number, for a quarter, means the All Groups Consumer
25
Price Index number, being the weighted average of the 8 capital
26
Schedule 3 Aboriginal and Torres Strait Islander Land Account
24 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
cities, published by the Australian Statistician in respect of that
1
quarter.
2
second June year means the period of 12 months immediately
3
before the first June year.
4
(2) An indexation factor is to be calculated to 3 decimal places, but
5
increased by 0.001 if the fourth decimal place is more than 4.
6
(3) If an indexation factor worked out under subsections (1) and (2)
7
would be less than 1, that indexation factor is to be increased to 1.
8
(4) Calculations under this section are to be made:
9
(a) using only the index numbers published in terms of the most
10
recently published reference base for the Consumer Price
11
Index; and
12
(b) disregarding index numbers published in substitution for
13
previously published index numbers (except where the
14
substituted numbers are published to take account of changes
15
in the reference base).
16
193 Payments out of Land Account to Indigenous Land Corporation
17
Financial year beginning on 1 July 2010
18
(1) On the first business day in October in the financial year beginning
19
on 1 July 2010, there is to be paid to the Indigenous Land
20
Corporation, out of the Land Account, $45 million.
21
Later financial years
22
(2) On the first business day in October in a financial year beginning
23
on or after 1 July 2011, there is to be paid to the Indigenous Land
24
Corporation, out of the Land Account, the amount worked out
25
using the following formula:
26
Indexation factor
Relevant funding amount
×
27
where:
28
indexation factor means the indexation factor for the financial year
29
worked out under section 192Y.
30
relevant funding amount means:
31
Aboriginal and Torres Strait Islander Land Account Schedule 3
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 25
(a) for the financial year beginning on 1 July 2011--$45 million;
1
or
2
(b) for a later financial year--the amount worked out under this
3
subsection for the previous financial year.
4
Additional payments
5
(3) On the first business day in December in a financial year (the
6
current year) beginning on or after 1 July 2011, an amount is to be
7
paid to the Indigenous Land Corporation, out of the Land Account,
8
if the actual capital value of the Land Account for the current year
9
exceeds the real capital value of the Land Account for the current
10
year. The amount to be paid is an amount equal to the excess.
11
(4) For the purposes of subsection (3), the real capital value of the
12
Land Account for the current year is the actual capital value of the
13
Land Account for the financial year (the base year) beginning on
14
1 July 2010 multiplied, in turn, by the indexation factor for each
15
financial year after the base year up to and including the current
16
year.
17
(5) For the purposes of subsections (3) and (4), the actual capital
18
value of the Land Account for a financial year is the sum of:
19
(a) the amount standing to the credit of the Land Account
20
immediately before the start of that year; and
21
(b) the value, immediately before the start of that year, of current
22
investments made under section 39 of the Financial
23
Management and Accountability Act 1997 using amounts
24
from the Land Account.
25
Rounding
26
(6) If an amount to be paid under subsection (2) or (3) is an amount of
27
dollars and cents, the cents are to be disregarded.
28
Definition
29
(7) In this section:
30
business day means a day that is not a Saturday, a Sunday or a
31
public holiday in the Australian Capital Territory.
32
7 Subsection 193G(3)
33
Schedule 3 Aboriginal and Torres Strait Islander Land Account
26 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
Repeal the subsection.
1
8 Subsection 193H(1)
2
Omit "(1)".
3
9 Subsections 193H(2) and (3)
4
Repeal the subsections.
5
10 Paragraph 193I(2)(d)
6
Omit "realised real".
7
11 Subsections 193I(2A), (5) and (6)
8
Repeal the subsections.
9
12 Subsection 193K(3)
10
Repeal the subsection.
11
13 Subsection 193L(2)
12
Omit "For this purpose, the first category A year is taken to be a
13
financial year.".
14
14 Subsection 193L(2) (note)
15
Repeal the note.
16
15 Subsections 193L(3) to (8)
17
Repeal the subsections, substitute:
18
Borrowing limit
19
(3) For the purposes of this section, the borrowing limit for a financial
20
year is the amount worked out using the formula:
21
Borrowing limit
Indexation factor
for the previous financial year
×
22
where:
23
indexation factor means the indexation factor for the financial year
24
worked out under section 192Y.
25
16 Subsection 193M(1)
26
Aboriginal and Torres Strait Islander Land Account Schedule 3
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
No. , 2010 27
Omit "(1)".
1
17 Subsection 193M(2)
2
Repeal the subsection.
3
18 Subsection 193N(1)
4
Omit "For this purpose, the first category A year is taken to be a
5
financial year.".
6
19 Subsection 193N(1) (note)
7
Repeal the note.
8
20 Subsections 193N(2) to (7)
9
Repeal the subsections, substitute:
10
Guarantee limit
11
(2) For the purposes of this section, the guarantee limit for a financial
12
year is the amount worked out using the formula:
13
Guarantee limit
Indexation factor
for the previous financial year
×
14
where:
15
indexation factor means the indexation factor for the financial year
16
worked out under section 192Y.
17
21 Subsection 193R(1) (paragraph (f) of the definition of
18
exempt matter)
19
Repeal the paragraph.
20
22 At the end of Part 4A
21
Add:
22
Division 15--Reviews
23
193U Reviews
24
(1) The regulations must provide for independent reviews of the
25
operation of this Part to be conducted.
26
Schedule 3 Aboriginal and Torres Strait Islander Land Account
28 Social Security and Indigenous Legislation Amendment (Budget and Other Measures)
Bill 2010 No. , 2010
(2) Regulations made for the purposes of this section must provide for:
1
(a) the purpose of reviews; and
2
(b) the timing of reviews; and
3
(c) the content of reviews.
4
(3) Subsection (2) does not limit subsection (1).
5
(4) The report of each review must be given to the Minister.
6
23 Subsection 200C(2)
7
Repeal the subsection (not including the notes), substitute:
8
(2) Subsection (1) does not apply to the power to give directions to
9
Indigenous Business Australia under section 151.
10
24 Transitional
11
(1)
Despite the amendments made by items 10 and 11, section 193I of the
12
Aboriginal and Torres Strait Islander Act 2005, as in force immediately
13
before the commencement of those items, continues to apply in relation
14
to the financial year ending on 30 June 2010.
15
(2)
For the purposes of working out the borrowing limit under
16
section 193L, and the guarantee limit under section 193N, of the
17
Aboriginal and Torres Strait Islander Act 2005 for the financial year
18
beginning on 1 July 2010, the borrowing limit and the guarantee limit
19
for the financial year beginning on 1 July 2009 is $294,170,517.
20