SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (FURTHER 2012 BUDGET AND OTHER MEASURES) BILL 2012

2010-2011-2012

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Social Security and Other Legislation

Amendment (Further 2012 Budget and

Other Measures) Bill 2012

No. , 2012

(Families, Housing, Community Services and Indigenous Affairs)

A Bill for an Act to amend the law relating to

family assistance, social security, child support,

paid parental leave and Indigenous education, and

for related purposes

i Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Extending Cape York welfare reform trial

Social Security (Administration) Act 1999

Schedule 2--Indigenous education payments

Indigenous Education (Targeted Assistance) Act 2000

Schedule 3--Social Security Appeals Tribunal

Part 1--Amendments

A New Tax System (Family Assistance) (Administration) Act 1999

Child Support (Registration and Collection) Act 1988

Paid Parental Leave Act 2010

Social Security (Administration) Act 1999

Part 2--Application and transitional provisions for

amendments of the A New Tax System (Family

Assistance) (Administration) Act 1999

Part 3--Application and transitional provisions for

amendments of the Child Support (Registration and

Collection) Act 1988

Part 4--Application and transitional provisions for

amendments of the Paid Parental Leave Act 2010

Part 5--Application and transitional provisions for

amendments of the Social Security (Administration)

Act 1999

Part 6--Regulations

Schedule 4--Amendments relating to certain child support

declarations

Child Support (Assessment) Act 1989

Child Support (Registration and Collection) Act 1988

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 ii

Schedule 5--Schoolkids bonus

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Social Security Act 1991

Schedule 6--Other amendments

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Social Security Act 1991

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 1

A Bill for an Act to amend the law relating to

family assistance, social security, child support,

paid parental leave and Indigenous education, and

for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Social Security and Other Legislation

Amendment (Further 2012 Budget and Other Measures) Act 2012.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

2 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

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. Schedules 1

and 2

The day this Act receives the Royal Assent.

3. Schedule 3

The 28th day after this Act receives the

Royal Assent.

4. Schedule 4

The day this Act receives the Royal Assent.

5. Schedule 5,

items 1 to 60

The day this Act receives the Royal Assent.

6. Schedule 5,

item 61

27 May 2012.

27 May 2012

7. Schedule 6,

item 1

1 July 2012.

1 July 2012

8. Schedule 6,

items 2 to 9

The day this Act receives the Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Social Security Appeals Tribunal Schedule 3

Amendments Part 1

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Bill 2012 No. , 2012 5

Schedule 3--Social Security Appeals Tribunal

Part 1--Amendments

A New Tax System (Family Assistance) (Administration) Act

1999

1 Subsection 3(1) (at the end of the definition of Principal

Member)

Add:

Note:

Schedule 3 to the Social Security (Administration) Act 1999 deals with

the constitution and membership of the Social Security Appeals

Tribunal.

2 Subsection 3(1) (at the end of the definition of SSAT)

Add:

Note:

Schedule 3 to the Social Security (Administration) Act 1999 deals with

the constitution and membership of the SSAT.

3 Subsection 3(1)

Insert:

SSAT member means a member of the SSAT (and includes the

Principal Member).

Note:

Schedule 3 to the Social Security (Administration) Act 1999 deals with

the constitution and membership of the SSAT.

4 Section 110

Before "In", insert "(1)".

5 At the end of section 110

Add:

(2) That objective must also be pursued by the Principal Member in

performing or exercising his or her functions and powers under this

Act.

6 Subparagraph 112(3)(b)(i)

Omit "withdrawn", substitute "dismissed".

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7 Subsection 117(3)

Repeal the subsection, substitute:

(3)

If:

(a) a person applies to the SSAT for review of a decision; and

(b) before determination of the review, an officer varies the

decision or sets it aside and substitutes a new decision;

the person may:

varied or the new decision; or

(d) request the Principal Member to dismiss the application

under section 135; or

(e) notify, under section 136, the SSAT that the application is

discontinued or withdrawn.

8 After paragraph 118(1)(b)

Insert:

is a responsible person (within the meaning of the Child

Support (Assessment) Act 1989) for the child to whom the

decision relates; and

9 Subsection 120(1)

Omit "(1)".

10 Subsections 120(2), (3) and (4)

Repeal the subsections.

11 Subsection 123(3)

Repeal the subsection, substitute:

(3) The party may, with the permission of the Principal Member, have

another person make submissions to the SSAT on the party's

behalf.

(3A) In deciding whether to grant permission under subsection (3), the

Principal Member must have regard to the wishes of the parties and

the need to protect their privacy.

12 Subsection 126A(3)

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Bill 2012 No. , 2012 7

Omit "having regard to the objective laid down by section 110".

13 After paragraph 126A(4)(a)

Insert:

(aa) written submissions to the SSAT; or

14 Subsection 126A(4)

Omit "having regard to the objective laid down by section 110".

15 Subdivision BC of Division 3 of Part 5 (heading)

Repeal the heading, substitute:

Subdivision BC--Directions hearings

16 Section 129A (heading)

Repeal the heading, substitute:

129A Directions hearings

17 Subsection 129A(1)

Omit "conferences", substitute "directions hearings".

18 Subsection 129A(2)

Omit "conference", substitute "directions hearing".

19 Paragraph 129A(2)(d)

Omit "evidence is to be brought before", substitute "information is to be

given to".

20 Subsections 129A(3), (4) and (5)

Repeal the subsections.

21 Paragraph 129B(1)(a)

Omit "pre-hearing conference", substitute "directions hearing".

22 Paragraph 130(1)(b)

Omit "allows; and", substitute "allows.".

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23 Paragraph 130(1)(c)

Repeal the paragraph.

24 Section 133

Repeal the section.

25 Paragraph 134(2)(b)

Repeal the paragraph.

26 Sections 135 and 136

Repeal the sections, substitute:

135 Dismissal of application for review by SSAT

(1) The Principal Member may, on the request of a party or on his or

her own initiative, dismiss an application for review of a decision

if:

(a) the decision is not reviewable under this Part; or

(b) the application is frivolous or vexatious; or

(d) the Principal Member is satisfied:

(i) after having communicated with each party; or

(ii) after having made reasonable attempts to communicate

with each party and having failed to do so;

or a combination of both, that none of the parties intend to

proceed with the application; or

(e) all of the parties fail to attend the hearing.

(2) The Principal Member may dismiss an application under

paragraph (1)(b) only if:

(a) one of the following applies:

(i) the Principal Member has received and considered

submissions from the applicant for review;

(ii) the Principal Member has otherwise communicated with

the applicant in relation to the grounds of the

application;

(iii) the Principal Member has made reasonable attempts to

communicate with the applicant in relation to the

grounds of the application and has failed to do so; and

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(b) all of the parties (other than the applicant) consent to the

dismissal.

(3) If the Principal Member dismisses an application under

subsection (1) (other than under paragraph (1)(b)), a party to the

review may:

(a) within 28 days after receiving notification that the application

has been dismissed; or

(b) within such longer period as the Principal Member, in special

circumstances, allows;

request that the Principal Member reinstate the application.

(4) If the Principal Member considers it appropriate to do so, he or she

may reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

(5) If it appears to the Principal Member that an application has been

dismissed under subsection (1) in error, he or she may, on the

request of a party to the review or on his or her own initiative,

reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

(6) This section does not apply in relation to a party if the party is the

Secretary.

136 Dismissal of application for review on request of party

(1) An applicant for review may notify the SSAT at any time that the

application for review is discontinued or withdrawn.

(2) If the applicant orally notifies the SSAT, the person who receives

the notification must make a written record of the day on which the

notification was given.

(3) If notification is given under subsection (1), the Principal Member

is taken to have dismissed the application.

(4) If the Principal Member dismisses an application under

subsection (3), a party to the review may:

(a) within 28 days after receiving notification that the application

has been dismissed; or

(b) within such longer period as the Principal Member, in special

circumstances, allows;

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request that the Principal Member reinstate the application.

(5) If the Principal Member considers it appropriate to do so, he or she

may reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

(6) This section does not apply in relation to a party if the party is the

Secretary.

27 Subsection 139(7)

Repeal the subsection.

28 At the end of Division 3 of Part 5

Add:

Subdivision G--Restrictions on disclosure of information

141C Orders restricting disclosure of information

(1) The Principal Member may make an order directing a person:

(a) not to disclose information specified in the order; or

(b) not to disclose information specified in the order except in

the circumstances, or for the purposes, specified in the order;

specified person or class of persons.

(2) An order may only specify information that has been disclosed to

the person for purposes relating to a review under this Part.

(3) A person commits an offence if:

(a) the Principal Member makes an order under subsection (1) in

relation to the person; and

(b) the person contravenes the order.

Penalty: Imprisonment for 2 years.

(4) An order made under subsection (1) in relation to a person does not

apply to information which the person knew before the disclosure

referred to in subsection (2) was made.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (4): see subsection 13.3(3) of the Criminal Code.

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141D Varying an order to permit certain disclosures

(1) A person in relation to whom an order has been made under

subsection 141C(1) may request the Principal Member to vary the

order to allow the person to disclose particular information

specified in the order:

(a) in particular circumstances or for particular purposes; or

(b) to a particular person or class of persons.

(2) The Principal Member may vary the order in accordance with the

request.

(3) This section does not limit the Principal Member's power to vary

or revoke an order.

Note:

For variation and revocation apart from under this section, see

subsection 33(3) of the Acts Interpretation Act 1901.

141E Orders restricting secondary disclosures of information

(1) If an order (the primary order) under subsection 141C(1) directs a

person not to disclose information specified in the order, except to

any of the following (an authorised recipient):

(a) a specified person;

(b) a member of a specified class of persons;

the Principal Member may make another order, directing an

authorised recipient not to disclose the information specified in the

primary order.

(2) A person commits an offence if:

(a) the Principal Member makes an order under subsection (1) in

relation to the person; and

(b) the person contravenes the order.

Penalty: Imprisonment for 2 years.

(3) An order made under subsection (1) in relation to a person does not

apply to information which the person knew before the disclosure

of the information in accordance with the primary order was made.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (3): see subsection 13.3(3) of the Criminal Code.

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Child Support (Registration and Collection) Act 1988

29 Subsection 4(1)

Insert:

Human Services Department means the Department administered

by the Minister administering the Human Services (Centrelink) Act

1997.

30 Subsection 4(1) (at the end of the definition of SSAT)

Add:

Note:

Schedule 3 to the Social Security (Administration) Act 1999 deals with

the constitution and membership of the SSAT.

31 Subsection 4(1)

Insert:

SSAT member means a member of the SSAT (and includes the

SSAT Principal Member).

Note:

Schedule 3 to the Social Security (Administration) Act 1999 deals with

the constitution and membership of the SSAT.

32 Subsection 4(1) (at the end of the definition of SSAT

Principal Member)

Add:

Note:

Schedule 3 to the Social Security (Administration) Act 1999 deals with

the constitution and membership of the SSAT.

33 Paragraph 16(2AB)(a)

Omit "proceedings", substitute "review".

34 Paragraph 16(2AB)(b)

Omit "proceedings concerned or is, or is alleged to be, in any other way

concerned in the matter to which the proceedings concerned relate",

substitute "review concerned or is, or is alleged to be, in any other way

concerned in the matter to which the review concerned relates".

35 Paragraph 16(2AB)(c)

Omit "proceedings", substitute "review".

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Bill 2012 No. , 2012 13

36 After subsection 16(3)

Insert:

(3A) Subsection (2) does not prevent an SSAT member from

communicating any protected information to a person, if the

information concerns a threat to the life, health or welfare of a

person and either of the following applies:

(a) the member believes on reasonable grounds that the

communication is necessary to prevent or lessen the threat;

(b) there is reason to suspect that the threat may afford evidence

that an offence may be, or has been, committed against a

person and the member communicates the information for the

purpose of preventing, investigating or prosecuting such an

offence.

37 Section 88

Before "In", insert "(1)".

38 At the end of section 88

Add:

(2) That objective must also be pursued by the SSAT Principal

Member in performing or exercising his or her functions and

powers under this Act.

39 Subparagraph 94(1)(a)(ii)

Omit "Department", substitute "Human Services Department".

40 Subsection 95(1)

Omit "Department" (wherever occurring), substitute "Human Services

Department".

41 Subsection 96(1)

Omit "(1)".

42 Subsections 96(2) and (3)

Repeal the subsections.

43 Subsection 97(1A)

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Omit "subsection 96(1)", substitute "section 96".

44 Subsection 97(2)

Omit "or subsection 95(5) or 96(1)", substitute ", subsection 95(5) or

section 96".

45 Subsection 98(1)

Omit "subsection 96(1)", substitute "section 96".

46 After paragraph 100(1)(c)

Insert:

(ca) the applicant has been removed from the review under

subsection 101(5) and all of the remaining parties consent to

the dismissal; or

47 Paragraph 100(1)(f)

Omit "proceeding", substitute "review".

48 At the end of section 100

Add:

(3) If the SSAT Principal Member dismisses an application under

subsection (1) (other than under paragraph (1)(b) or (f)), a party to

the review may:

(a) within 28 days after receiving notification that the application

has been dismissed; or

(b) within such longer period as the SSAT Principal Member, in

special circumstances, allows;

request that the SSAT Principal Member reinstate the application.

(4) If the SSAT Principal Member considers it appropriate to do so, he

or she may reinstate the application and give such directions as he

or she considers appropriate in the circumstances.

(5) If it appears to the SSAT Principal Member that an application has

been dismissed under subsection (1) in error, he or she may, on the

request of a party to the review or on his or her own initiative,

reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

Social Security Appeals Tribunal Schedule 3

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Bill 2012 No. , 2012 15

49 Subsection 100A(2)

Omit "SSAT is taken to have dismissed the application without

proceeding to review the decision", substitute "SSAT Principal Member

is taken to have dismissed the application".

50 Subsections 100A(3), (4) and (5)

Repeal the subsections, substitute:

(3) If the SSAT Principal Member dismisses an application under

subsection (2), a party to the review may:

(a) within 28 days after receiving notification that the application

has been dismissed; or

(b) within such longer period as the SSAT Principal Member, in

special circumstances, allows;

request that the SSAT Principal Member reinstate the application.

(4) If the SSAT Principal Member considers it appropriate to do so, he

or she may reinstate the application and give such directions as he

or she considers appropriate in the circumstances.

51 Division 3A of Part VIIA (heading)

Repeal the heading, substitute:

Division 3A--Directions hearings

52 Section 103 (heading)

Repeal the heading, substitute:

103 Directions hearings

53 Subsection 103(1)

Omit "conferences", substitute "directions hearings".

54 Subsection 103(2)

Omit "conference", substitute "directions hearing".

55 At the end of subsection 103(2) (before the note)

Add:

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; and (d) give directions about what information is to be given to the

SSAT.

56 Subsection 103(2) (note)

Omit "pre-hearing conference", substitute "directions hearing".

57 Paragraph 103A(1)(c)

Omit "pre-hearing conference", substitute "directions hearing".

58 Subsection 103C(2)

Repeal the subsection, substitute:

(2) A party to a review may, with the permission of the SSAT

Principal Member, have another person make submissions to the

SSAT on the party's behalf.

(2A) In deciding whether to grant permission under subsection (2), the

SSAT Principal Member must have regard to:

(a) the wishes of the parties; and

(b) the need to protect their privacy.

59 Subsection 103F(3)

Omit "having regard to the objective laid down by section 88".

60 Subsection 103F(4) (heading)

Repeal the heading, substitute:

SSAT may order Registrar to make oral submissions etc.

61 After paragraph 103F(4)(a)

Insert:

(aa) written submissions to the SSAT; or

62 Subsection 103F(4)

Omit "having regard to the objective laid down by section 88".

63 Paragraph 103N(1)(b)

Omit "allows; and", substitute "allows.".

64 Paragraph 103N(1)(c)

Social Security Appeals Tribunal Schedule 3

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Bill 2012 No. , 2012 17

Repeal the paragraph.

65 Section 103Q

Repeal the section.

66 Subsection 103R(2)

Repeal the subsection, substitute:

(2) Without limiting subsection (1), the SSAT may refuse to adjourn

the hearing of a review if the hearing has already been adjourned

on 2 or more occasions.

67 Subsection 103W(1)

Omit "a proceeding for a review (including at a pre-hearing

conference", substitute "a review (including at a directions hearing".

68 Subparagraphs 103W(1)(a)(i) and (ii)

Omit "proceeding" (wherever occurring), substitute "review".

69 Subsection 103W(2)

Omit "in the proceeding", substitute "on the review".

70 Paragraph 103W(2)(a)

Omit "proceeding", substitute "review".

71 Subsection 103W(3)

Omit "part of the proceeding, or a matter arising out of the proceeding,

the SSAT may in its decision in the proceeding give effect to the terms

of the agreement without dealing at the hearing of the proceeding",

substitute "part of the review, or a matter arising out of the review, the

SSAT may in its decision on the review give effect to the terms of the

agreement without dealing at the hearing of the review".

72 At the end of section 103X

Add:

Copies to removed party

(6) The SSAT must, in relation to any person who was removed as a

party to the review under subsection 101(5):

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(a) give the person a copy of the notice under paragraph (1)(a),

within 14 days after making the decision; and

(b) if a notice under paragraph (3)(b) was not part of the notice

under paragraph (1)(a)--do at least one of the following:

(i) give reasons for the decision orally to the person, within

14 days after making the decision;

(ii) give the person a copy of any notice under

paragraph (3)(b), at the same time as giving it to the

parties to the review.

73 Subsection 103ZA(7)

Repeal the subsection.

74 At the end of Division 6 of Part VIIA

Add:

103ZAA Orders restricting disclosure of information

(1) The SSAT Principal Member may make an order directing a

person:

(a) not to disclose information specified in the order; or

(b) not to disclose information specified in the order except in

the circumstances, or for the purposes, specified in the order;

specified person or class of persons.

(2) An order may only specify information that has been disclosed to

the person for purposes relating to a review under this Part.

(3) A person commits an offence if:

(a) the SSAT Principal Member makes an order under

subsection (1) in relation to the person; and

(b) the person contravenes the order.

Penalty: Imprisonment for 2 years.

(4) An order made under subsection (1) in relation to a person does not

apply to information which the person knew before the disclosure

referred to in subsection (2) was made.

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Bill 2012 No. , 2012 19

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (4): see subsection 13.3(3) of the Criminal Code.

103ZAB Varying an order to permit certain disclosures

(1) A person in relation to whom an order has been made under

subsection 103ZAA(1) may request the SSAT Principal Member to

vary the order to allow the person to disclose particular information

specified in the order:

(a) in particular circumstances or for particular purposes; or

(b) to a particular person or class of persons.

(2) The SSAT Principal Member may vary the order in accordance

with the request.

(3) This section does not limit the SSAT Principal Member's power to

vary or revoke an order.

Note:

For variation and revocation apart from under this section, see

subsection 33(3) of the Acts Interpretation Act 1901.

103ZAC Orders restricting secondary disclosures of information

(1) If an order (the primary order) under subsection 103ZAA(1)

directs a person not to disclose information specified in the order,

except to any of the following (an authorised recipient):

(a) a specified person;

(b) a member of a specified class of persons;

the SSAT Principal Member may make another order, directing an

authorised recipient not to disclose the information specified in the

primary order.

(2) A person commits an offence if:

(a) the SSAT Principal Member makes an order under

subsection (1) in relation to the person; and

(b) the person contravenes the order.

Penalty: Imprisonment for 2 years.

(3) An order made under subsection (1) in relation to a person does not

apply to information which the person knew before the disclosure

of the information in accordance with the primary order was made.

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20 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

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Note:

A defendant bears an evidential burden in relation to the matter in

subsection (3): see subsection 13.3(3) of the Criminal Code.

75 Section 103ZB

Omit "proceeding", substitute "review".

76 Section 110A

Omit "proceeding", substitute "review".

77 Section 110B

Repeal the section, substitute:

110B Appeals from decisions of SSAT

A party to a review by the SSAT under Part VIIA may appeal to a

court having jurisdiction under this Act, on a question of law, from

a decision of the SSAT on that review under section 103S.

78 Section 110D

Omit "the people who were".

79 Section 110D

Omit "proceeding" (second occurring), substitute "review".

80 At the end of section 110D

Add:

Note:

A person may be added or removed as a party to a review under

subsection 101(4) or (5).

81 Paragraph 110F(3)(b)

Omit "proceeding" (wherever occurring), substitute "review".

82 Subsections 110G(1) and (2)

Omit "proceeding before" (wherever occurring), substitute "review by".

83 Subsection 110H(1)

Omit "proceeding before", substitute "review by".

84 Subsection 110H(3)

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Omit "any proceeding", substitute "any review".

85 Subsection 110H(3)

Omit "in that proceeding", substitute "on that review".

86 Paragraph 110K(a)

Omit "proceeding", substitute "review".

Paid Parental Leave Act 2010

87 Section 6 (at the end of the definition of Principal Member)

Add:

Note:

Schedule 3 to the Social Security (Administration) Act 1999 deals with

the constitution and membership of the Social Security Appeals

Tribunal.

88 Section 6 (at the end of the definition of SSAT)

Add:

Note:

Schedule 3 to the Social Security (Administration) Act 1999 deals with

the constitution and membership of the SSAT.

89 Section 6

Insert:

SSAT member means a member of the SSAT.

Note:

Schedule 3 to the Social Security (Administration) Act 1999 deals with

the constitution and membership of the SSAT.

90 After section 130

Insert:

130A Disclosure of information by SSAT members--threat to life,

health or welfare

Despite section 130, an SSAT member may disclose information if

the information concerns a threat to the life, health or welfare of a

person and either of the following applies:

(a) the member believes on reasonable grounds that the

disclosure is necessary to prevent or lessen the threat;

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(b) there is reason to suspect that the threat may afford evidence

that an offence may be, or has been, committed against a

person and the member discloses the information for the

purpose of preventing, investigating or prosecuting such an

offence.

91 Section 214

Before "In", insert "(1)".

92 At the end of section 214

Add:

(2) That objective must also be pursued by the Principal Member in

performing or exercising his or her functions and powers under this

Act.

93 Subsection 221(4)

Repeal the subsection, substitute:

(4)

The

person

may:

(a) proceed with the application for review of the decision as

varied or the new decision; or

(b) request the Principal Member to dismiss the application

under section 251; or

discontinued or withdrawn.

94 Subsection 229(4)

Repeal the subsection, substitute:

(4) The employer may:

(a) proceed with the application for review of the decision as

varied or the new decision; or

(b) request the Principal Member to dismiss the application

under section 251; or

discontinued or withdrawn.

95 Section 231

Omit "pre-hearing conferences", substitute "directions hearings".

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Bill 2012 No. , 2012 23

96 Section 231

Omit "pre-hearing conference", substitute "directions hearing".

97 Subsections 233(3) and (4)

Repeal the subsections.

98 Subsection 237(2)

Repeal the subsection, substitute:

(2) The party may, with the permission of the Principal Member, have

another person make submissions to the SSAT on the party's

behalf.

(2A) In deciding whether to grant permission under subsection (2), the

Principal Member must have regard to the wishes of the parties and

the need to protect their privacy.

99 Subsection 240(3)

Omit "taking into account the objective laid down by section 214".

100 After paragraph 240(4)(a)

Insert:

(aa) written submissions to the SSAT; or

101 Subsection 240(4)

Omit "taking into account the objective laid down by section 214".

102 Division 6 of Part 5-3 (heading)

Repeal the heading, substitute:

Division 6--Directions hearings

103 Section 245 (heading)

Repeal the heading, substitute:

245 Directions hearings

104 Subsection 245(1)

Omit "conferences", substitute "directions hearings".

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24 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

105 Subsection 245(2)

Omit "conference", substitute "directions hearing".

106 Paragraph 245(2)(d)

Omit "evidence is to be brought before", substitute "information is to be

given to".

107 Subsections 245(3), (4) and (5)

Repeal the subsections.

108 Paragraph 246(1)(a)

Omit "pre-hearing conference", substitute "directions hearing".

109 Paragraph 247(1)(b)

Omit "allows; and", substitute "allows.".

110 Paragraph 247(1)(c)

Repeal the paragraph.

111 Section 249

Repeal the section.

112 Subsection 250(2)

Repeal the subsection, substitute:

(2) Without limiting subsection (1), the SSAT may refuse to adjourn

the hearing of a review if the hearing has already been adjourned

on 2 or more occasions.

113 Sections 251 and 252

Repeal the sections, substitute:

251 Dismissal of application for review by SSAT

(1) The Principal Member may, on the request of a party or on his or

her own initiative, dismiss an application for review of a decision

if:

(a) the decision is not reviewable under Part 5-2; or

(b) the application is frivolous or vexatious; or

Social Security Appeals Tribunal Schedule 3

Amendments Part 1

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 25

(d) the applicant has been removed from the review under

subsection 222(4) and all of the remaining parties consent to

the dismissal; or

(e) the Principal Member is satisfied:

(i) after having communicated with each party; or

(ii) after having made reasonable attempts to communicate

with each party and having failed to do so;

or a combination of both, that none of the parties intend to

proceed with the application; or

(f) all of the parties fail to attend the hearing; or

(g) all of the parties have been removed from the review under

subsection 222(4).

(2) The Principal Member may dismiss an application under

paragraph (1)(b) only if:

(a) one of the following applies:

(i) the Principal Member has received and considered

submissions from the applicant for review;

(ii) the Principal Member has otherwise communicated with

the applicant in relation to the grounds of the

application;

(iii) the Principal Member has made reasonable attempts to

communicate with the applicant in relation to the

grounds of the application and has failed to do so; and

(b) all of the parties (other than the applicant) consent to the

dismissal.

(3) If the Principal Member dismisses an application under

subsection (1) (other than under paragraph (1)(b) or (g)), a party to

the review may:

(a) within 28 days after receiving notification that the application

has been dismissed; or

(b) within such longer period as the Principal Member, in special

circumstances, allows;

request that the Principal Member reinstate the application.

(4) If the Principal Member considers it appropriate to do so, he or she

may reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

Schedule 3 Social Security Appeals Tribunal

Part 1 Amendments

26 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

(5) If it appears to the Principal Member that an application has been

dismissed under subsection (1) in error, he or she may, on the

request of a party to the review or on his or her own initiative,

reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

(6) This section does not apply in relation to a party if the party is the

Secretary, the Chief Executive Centrelink or the Chief Executive

Medicare.

252 Dismissal of application for review on request of party

(1) An applicant for review may notify the SSAT at any time that the

application for review is discontinued or withdrawn.

(2) If the applicant orally notifies the SSAT, the person who receives

the notification must make a written record of the day on which the

notification was given.

(3) If notification is given under subsection (1), the Principal Member

is taken to have dismissed the application.

(4) If the Principal Member dismisses an application under

subsection (3), a party to the review may:

(a) within 28 days after receiving notification that the application

has been dismissed; or

(b) within such longer period as the Principal Member, in special

circumstances, allows;

request that the Principal Member reinstate the application.

(5) If the Principal Member considers it appropriate to do so, he or she

may reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

(6) This section does not apply in relation to a party if the party is the

Secretary, the Chief Executive Centrelink or the Chief Executive

Medicare.

114 Subsection 255(7)

Repeal the subsection.

115 At the end of Division 9 of Part 5-3

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Amendments Part 1

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Bill 2012 No. , 2012 27

Add:

257A Notice to persons removed as parties

If SSAT affirms decision

(1) If subsection 257(1) applies in relation to a review, the SSAT must,

in relation to any person who was removed as a party to the review

under subsection 222(4):

(a) give the person a copy of the initial statement referred to in

paragraph 257(1)(a), within 14 days after making the

decision; and

(b) if a written statement referred to in subparagraph

257(1)(c)(ii) was not part of the initial statement--do at least

one of the following:

(i) give reasons for the decision orally to the person, within

14 days after making the decision;

(ii) give the person a copy of any written statement referred

to in subparagraph 257(1)(c)(ii), at the same time as

giving it to the parties to the review.

If SSAT varies or sets aside decision

(2) If subsection 257(5) applies in relation to a review, the SSAT must

give any person who was removed as a party to the review under

subsection 222(4) a copy of the statement referred to in paragraph

257(5)(a), within 14 days after making the decision.

116 At the end of Division 2 of Part 5-5

Add:

273A Orders restricting disclosure of information

(1) The Principal Member may make an order directing a person:

(a) not to disclose information specified in the order; or

(b) not to disclose information specified in the order except in

the circumstances, or for the purposes, specified in the order;

specified person or class of persons.

Schedule 3 Social Security Appeals Tribunal

Part 1 Amendments

28 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

(2) An order may only specify information that has been disclosed to

the person for purposes relating to a review under this Part.

(3) A person commits an offence if:

(a) the Principal Member makes an order under subsection (1) in

relation to the person; and

(b) the person contravenes the order.

Penalty: Imprisonment for 2 years.

(4) An order made under subsection (1) in relation to a person does not

apply to information which the person knew before the disclosure

referred to in subsection (2) was made.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (4): see subsection 13.3(3) of the Criminal Code.

273B Varying an order to permit certain disclosures

(1) A person in relation to whom an order has been made under

subsection 273A(1) may request the Principal Member to vary the

order to allow the person to disclose particular information

specified in the order:

(a) in particular circumstances or for particular purposes; or

(b) to a particular person or class of persons.

(2) The Principal Member may vary the order in accordance with the

request.

(3) This section does not limit the Principal Member's power to vary

or revoke an order.

Note:

For variation and revocation apart from under this section, see

subsection 33(3) of the Acts Interpretation Act 1901.

273C Orders restricting secondary disclosures of information

(1) If an order (the primary order) under subsection 273A(1) directs a

person not to disclose information specified in the order, except to

any of the following (an authorised recipient):

(a) a specified person;

(b) a member of a specified class of persons;

Social Security Appeals Tribunal Schedule 3

Amendments Part 1

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 29

the Principal Member may make another order, directing an

authorised recipient not to disclose the information specified in the

primary order.

(2) A person commits an offence if:

(a) the Principal Member makes an order under subsection (1) in

relation to the person; and

(b) the person contravenes the order.

Penalty: Imprisonment for 2 years.

(3) An order made under subsection (1) in relation to a person does not

apply to information which the person knew before the disclosure

of the information in accordance with the primary order was made.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (3): see subsection 13.3(3) of the Criminal Code.

Social Security (Administration) Act 1999

117 Section 141

Before "In", insert "(1)".

118 At the end of section 141

Add:

(2) That objective must also be pursued by the Principal Member in

performing or exercising his or her functions and powers under this

Act.

119 Subparagraph 145(4)(b)(i)

Omit "withdrawn" (wherever occurring), substitute "dismissed".

120 Subsection 155(3)

Repeal the subsection, substitute:

(3)

If:

(a) a person applies to the SSAT for review of a decision; and

(b) before determination of the review, an officer varies the

decision or sets it aside and substitutes a new decision;

the person may:

Schedule 3 Social Security Appeals Tribunal

Part 1 Amendments

30 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

varied or the new decision; or

(d) request the Principal Member to dismiss the application

under section 171; or

(e) notify, under section 172, the SSAT that the application is

discontinued or withdrawn.

121 Subsection 158(1)

Omit "(1)".

122 Subsections 158(2), (3) and (4)

Repeal the subsections.

123 Subsection 161(3)

Repeal the subsection, substitute:

(2) A party to a review of a decision may, with the permission of the

Principal Member, have another person make submissions to the

SSAT on the party's behalf.

(3) In deciding whether to grant permission under subsection (2), the

Principal Member must have regard to the wishes of the parties and

the need to protect their privacy.

124 Subsection 163A(3)

Omit "having regard to the objective laid down by section 141".

125 After paragraph 163A(4)(a)

Insert:

(aa) written submissions to the SSAT; or

126 Subsection 163A(4)

Omit "having regard to the objective laid down by section 141".

127 Subdivision BC of Division 4 of Part 4 (heading)

Repeal the heading, substitute:

Subdivision BC--Directions hearings

128 Section 166A (heading)

Social Security Appeals Tribunal Schedule 3

Amendments Part 1

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 31

Repeal the heading, substitute:

166A Directions hearings

129 Subsection 166A(1)

Omit "conferences", substitute "directions hearings".

130 Subsection 166A(2)

Omit "conference", substitute "directions hearing".

131 Paragraph 166A(2)(d)

Omit "evidence is to be brought before", substitute "information is to be

given to".

132 Subsections 166A(3), (4) and (5)

Repeal the subsections.

133 Paragraph 166B(1)(a)

Omit "pre-hearing conference", substitute "directions hearing".

134 Paragraph 167(1)(b)

Omit "allows; and", substitute "allows.".

135 Paragraph 167(1)(c)

Repeal the paragraph.

136 Section 169

Repeal the section.

137 Paragraph 170(2)(b)

Repeal the paragraph.

138 Sections 171 and 172

Repeal the sections, substitute:

Schedule 3 Social Security Appeals Tribunal

Part 1 Amendments

32 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

171 Dismissal of application for review by SSAT

(1) The Principal Member may, on the request of a party or on his or

her own initiative, dismiss an application for review of a decision

if:

(a) the decision is not reviewable under this Division; or

(b) the application is frivolous or vexatious; or

(d) the Principal Member is satisfied:

(i) after having communicated with each party; or

(ii) after having made reasonable attempts to communicate

with each party and having failed to do so;

or a combination of both, that none of the parties intend to

proceed with the application; or

(e) all of the parties fail to attend the hearing.

(2) The Principal Member may dismiss an application under

paragraph (1)(b) only if:

(a) one of the following applies:

(i) the Principal Member has received and considered

submissions from the applicant for review;

(ii) the Principal Member has otherwise communicated with

the applicant in relation to the grounds of the

application;

(iii) the Principal Member has made reasonable attempts to

communicate with the applicant in relation to the

grounds of the application and has failed to do so; and

(b) all of the parties (other than the applicant) consent to the

dismissal.

(3) If the Principal Member dismisses an application under

subsection (1) (other than under paragraph (1)(b)), a party to the

review may:

(a) within 28 days after receiving notification that the application

has been dismissed; or

(b) within such longer period as the Principal Member, in special

circumstances, allows;

request that the Principal Member reinstate the application.

Social Security Appeals Tribunal Schedule 3

Amendments Part 1

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 33

(4) If the Principal Member considers it appropriate to do so, he or she

may reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

(5) If it appears to the Principal Member that an application has been

dismissed under subsection (1) in error, he or she may, on the

request of a party to the review or on his or her own initiative,

reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

(6) This section does not apply in relation to a party if the party is the

Secretary or the Chief Executive Centrelink.

172 Dismissal of application for review on request of party

(1) An applicant for review may notify the SSAT at any time that the

application for review is discontinued or withdrawn.

(2) If the applicant orally notifies the SSAT, the person who receives

the notification must make a written record of the day on which the

notification was given.

(3) If notification is given under subsection (1), the Principal Member

is taken to have dismissed the application.

(4) If the Principal Member dismisses an application under

subsection (2), a party to the review may:

(a) within 28 days after receiving notification that the application

has been dismissed; or

(b) within such longer period as the Principal Member, in special

circumstances, allows;

request that the Principal Member reinstate the application.

(5) If the Principal Member considers it appropriate to do so, he or she

may reinstate the application and give such directions as he or she

considers appropriate in the circumstances.

(6) This section does not apply in relation to a party if the party is the

Secretary or the Chief Executive Centrelink.

139 Subsection 175(7)

Repeal the subsection.

Schedule 3 Social Security Appeals Tribunal

Part 1 Amendments

34 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

140 At the end of Division 4 of Part 4

Add:

Subdivision G--Restrictions on disclosure of information

177B Orders restricting disclosure of information

(1) The Principal Member may make an order directing a person:

(a) not to disclose information specified in the order; or

(b) not to disclose information specified in the order except in

the circumstances, or for the purposes, specified in the order;

specified person or class of persons.

(2) An order may only specify information that has been disclosed to

the person for purposes relating to a review under this Part.

(3) A person commits an offence if:

(a) the Principal Member makes an order under subsection (1) in

relation to the person; and

(b) the person contravenes the order.

Penalty: Imprisonment for 2 years.

(4) An order made under subsection (1) in relation to a person does not

apply to information which the person knew before the disclosure

referred to in subsection (2) was made.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (4): see subsection 13.3(3) of the Criminal Code.

177C Varying an order to permit certain disclosures

(1) A person in relation to whom an order has been made under

subsection 177B(1) may request the Principal Member to vary the

order to allow the person to disclose particular information

specified in the order:

(a) in particular circumstances or for particular purposes; or

(b) to a particular person or class of persons.

(2) The Principal Member may vary the order in accordance with the

request.

Social Security Appeals Tribunal Schedule 3

Amendments Part 1

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 35

(3) This section does not limit the Principal Member's power to vary

or revoke an order.

Note:

For variation and revocation apart from under this section, see

subsection 33(3) of the Acts Interpretation Act 1901.

177D Orders restricting secondary disclosures of information

(1) If an order (the primary order) under subsection 177B(1) directs a

person not to disclose information specified in the order, except to

any of the following (an authorised recipient):

(a) a specified person;

(b) a member of a specified class of persons;

the Principal Member may make another order, directing an

authorised recipient not to disclose the information specified in the

primary order.

(2) A person commits an offence if:

(a) the Principal Member makes an order under subsection (1) in

relation to the person; and

(b) the person contravenes the order.

Penalty: Imprisonment for 2 years.

(3) An order made under subsection (1) in relation to a person does not

apply to information which the person knew before the disclosure

of the information in accordance with the primary order was made.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (3): see subsection 13.3(3) of the Criminal Code.

141 Subclause 1(1) of Schedule 1

Insert:

Principal Member means the Principal Member of the SSAT.

Note:

Schedule 3 deals with the constitution and membership of the SSAT.

142 Subclause 1(1) of Schedule 1 (at the end of the definition

of SSAT)

Add:

Note:

Schedule 3 deals with the constitution and membership of the SSAT.

143 After paragraph 1(a) of Schedule 3

Schedule 3 Social Security Appeals Tribunal

Part 1 Amendments

36 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

Insert:

(aa) such number of Deputy Principal Members as are appointed

in accordance with this Act; and

144 Subclauses 7(1) and (2) of Schedule 3

Omit "1(b)", substitute "1(aa), (b)".

145 Subclause 10(1) of Schedule 3

Omit "written".

146 After subclause 10(2) of Schedule 3

Insert:

(2A) If the Principal Member gives a direction under subclause (1) in

relation to a particular review, he or she may at any time before the

commencement of the hearing of the review:

(a) revoke the direction; and

(b) give a further direction under subclause (1) as to the member

who is, or the members who are, to constitute the SSAT for

the purposes of the review.

(2B) If the Principal Member gives a direction under subclause (1) in

relation to reviews of a particular kind, he or she may:

(a) revoke the direction; and

(b) give a further direction under subclause (1) as to the member

who is, or the members who are, to constitute the SSAT for

the purposes of reviews of that kind that commence after the

further direction is given.

147 Clause 12 of Schedule 3 (heading)

Repeal the heading, substitute:

12 Reconstitution of SSAT if member unavailable to complete

review

148 Paragraph 12(1)(b) of Schedule 3

Omit "before the matter to which the proceeding relates has been

determined", substitute "before a decision on the review has been made

by the SSAT".

Social Security Appeals Tribunal Schedule 3

Amendments Part 1

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 37

149 Subparagraph 12(1)(b)(ii) of Schedule 3

Repeal the subparagraph, substitute:

(ii) for any reason, ceased to be available for the purposes

of the review; or

(iii) been directed by the Principal Member not to continue

to take part in the review.

150 After subclause 12(1) of Schedule 3

Insert:

(1AA) The Principal Member must not give a direction under

subparagraph (1)(b)(iii) unless the Principal Member:

(a) is satisfied, having regard to the objective of conducting

reviews in a manner that is fair, just, economical, informal

and quick, that the direction is in the interests of justice; and

(b) has consulted the member concerned.

151 Paragraphs 12(1A)(a) and (1B)(a) and (b) of Schedule 3

Omit "under clause 10".

152 Subclauses 12(2) and (3) of Schedule 3

Repeal the subclauses, substitute:

SSAT may have regard to record of previous review

(2) If the SSAT is reconstituted in accordance with this clause, the

SSAT may, for the purposes of the review, have regard to any

record of:

(a) the hearing of the review before the SSAT as previously

constituted (including a record of any evidence taken); and

(b) any directions hearings convened by the Principal Member

with the parties to the review.

Reconstituted Tribunal must continue review

(3) The SSAT as reconstituted in accordance with a direction under

this clause must continue the review.

153 At the end of Part 2 of Schedule 3

Add:

Schedule 3 Social Security Appeals Tribunal

Part 1 Amendments

38 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

12A Reconstitution of SSAT to achieve expeditious and efficient

conduct of review

Scope

(1) This clause applies if:

(a) the hearing of a review of a decision has commenced or is

completed; and

(b) the SSAT has not made a decision on the review.

Reconstitution to achieve expeditious and efficient conduct of

review

(2) The Principal Member may direct that the SSAT as constituted for

the purposes of the review be reconstituted by one or more of the

following:

(a) adding one or more members;

(b) removing one or more members;

if the Principal Member thinks that the reconstitution is in the

interests of achieving the expeditious and efficient conduct of the

review.

(3) The SSAT as reconstituted in accordance with a direction under

this clause must continue the review.

SSAT may have regard to record of previous review

(4) If the SSAT is reconstituted in accordance with this clause, the

SSAT may, for the purposes of the review, have regard to any

record of:

(a) the hearing of the review before the SSAT as previously

constituted (including a record of any evidence taken); and

(b) any directions hearings convened by the Principal Member

with the parties to the review.

12B Reconstituted SSAT--who is to preside

If a direction is given under clause 10, 12 or 12A reconstituting the

SSAT for the purposes of a particular review, any necessary

Social Security Appeals Tribunal Schedule 3

Amendments Part 1

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 39

direction may be given under this clause as to the member who is

to preside for the purposes of the review.

154 Paragraph 19(1)(c) of Schedule 3

Omit "interpreting".

155 Subclause 19(7) of Schedule 3

Omit "interpreting".

156 After clause 19 of Schedule 3

Insert:

19A Disclosure of confidential information--threat to life, health or

welfare

(1) A member of the SSAT may divulge or communicate information

if the information concerns a threat to the life, health or welfare of

a person and either of the following applies:

(a) the member believes on reasonable grounds that the

divulging or the communication is necessary to prevent or

lessen the threat;

(b) there is reason to suspect that the threat may afford evidence

that an offence may be, or has been, committed against a

person and the member divulges or communicates the

information for the purpose of preventing, investigating or

prosecuting such an offence.

(2) Subclause (1) applies despite subclause 19(3) and any other

provision of the social security law or the family assistance law.

157 Clause 20 of Schedule 3

After "assistance law,", insert "the Paid Parental Leave Act 2010,".

158 Schedule 4

Before "or Senior Member" (wherever occurring), insert "or Deputy

Principal Member".

Schedule 3 Social Security Appeals Tribunal

Part 2 Application and transitional provisions for amendments of the A New Tax

System (Family Assistance) (Administration) Act 1999

40 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

Part 2--Application and transitional provisions for

amendments of the A New Tax System

(Family Assistance) (Administration) Act

1999

159 Application of amendments relating to non-disclosure

orders under the A New Tax System (Family

Assistance) (Administration) Act 1999

(1)

An order given to a person under subsection 120(2) of the A New Tax

System (Family Assistance) (Administration) Act 1999 before the day on

which this item commences continues to have effect on and after that

day:

(a) as if subsections 120(2), (3) and (4) of that Act had not been

repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (4) existed

in relation to an offence under subsection 120(4) of that Act.

(2)

An order given to a person under subsection 129A(4) of the A New Tax

System (Family Assistance) (Administration) Act 1999 before the day on

which this item commences continues to have effect on and after that

day:

(a) as if subsections 129A(4) and (5) of that Act had not been

repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (4) existed

in relation to an offence under subsection 129A(5) of that

Act.

(3)

An order given to a person under subsection 133(1) of the A New Tax

System (Family Assistance) (Administration) Act 1999 before the day on

which this item commences continues to have effect on and after that

day:

(a) as if section 133 of that Act had not been repealed by this

Act; and

(b) as if, on and after that day, the defence in subitem (4) existed

in relation to an offence under subsection 133(2) of that Act.

(4)

An order referred to in this item does not apply to information which

the person to whom the order was given knew before the disclosure of

the information was made to the person.

Social Security Appeals Tribunal Schedule 3

Application and transitional provisions for amendments of the A New Tax System

(Family Assistance) (Administration) Act 1999 Part 2

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 41

Note:

A defendant bears an evidential burden in relation to the matter in subitem (4): see

subsection 13.3(3) of the Criminal Code.

160 Application of amendment of section 123 of the A New

Tax System (Family Assistance) (Administration) Act

1999

The amendment of section 123 of the A New Tax System (Family

Assistance) (Administration) Act 1999 made by this Act applies in

relation to applications for review made after the commencement of this

item.

161 Application of paragraph 126A(4)(aa) of the A New Tax

System (Family Assistance) (Administration) Act 1999

Paragraph 126A(4)(aa) of the A New Tax System (Family Assistance)

(Administration) Act 1999, as inserted by this Act, applies in relation to:

(a) hearings pending immediately before the commencement of

this item; and

(b) hearings commencing after the commencement of this item.

162 Application of amendments relating to the dismissal of

applications for SSAT review under the A New Tax

System (Family Assistance) (Administration) Act 1999

(1)

Section 135 of the A New Tax System (Family Assistance)

(Administration) Act 1999, as amended by this Act, applies in relation

to applications dismissed on or after the commencement of this item

(whether the application for review was made before or after that

commencement).

(2)

Section 136 of the A New Tax System (Family Assistance)

(Administration) Act 1999, as amended by this Act, applies in relation

to notifications given on or after the commencement of this item

(whether the application for review was made before or after that

commencement).

Schedule 3 Social Security Appeals Tribunal

Part 3 Application and transitional provisions for amendments of the Child Support

(Registration and Collection) Act 1988

42 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

Part 3--Application and transitional provisions for

amendments of the Child Support

(Registration and Collection) Act 1988

163 Application of amendments relating to non-disclosure

directions and orders under the Child Support

(Registration and Collection) Act 1988

(1)

A direction given to a person under subsection 96(2) of the Child

Support (Registration and Collection) Act 1988 before the day on which

this item commences continues to have effect on and after that day:

(a) as if subsections 96(2) and (3) of that Act had not been

repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (3) existed

in relation to an offence under subsection 96(3) of that Act.

(2)

An order made under subsection 103Q(1) of the Child Support

(Registration and Collection) Act 1988 before the day on which this

item commences continues to have effect on and after that day:

(a) as if section 103Q of that Act had not been repealed by this

Act; and

(b) as if, on and after that day, the defence in subitem (3) existed

in relation to an offence under subsection 103Q(2) of that

Act.

(3)

A direction or order referred to in this item does not apply to

information which the person to whom the direction was given, or in

relation to whom the order was made, knew before the disclosure of the

information was made to the person.

Note:

A defendant bears an evidential burden in relation to the matter in subitem (3): see

subsection 13.3(3) of the Criminal Code.

164 Application of subsection 16(3A) of the Child Support

(Registration and Collection) Act 1988

Subsection 16(3A) of the Child Support (Registration and Collection)

Act 1988, as inserted by this Act, applies in relation to the

communication of protected information after the commencement of

this item (whether the information was obtained before or after that

commencement).

Social Security Appeals Tribunal Schedule 3

Application and transitional provisions for amendments of the Child Support

(Registration and Collection) Act 1988 Part 3

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 43

165 Application of subsections 100(3), (4) and (5) of the Child

Support (Registration and Collection) Act 1988

Subsections 100(3), (4) and (5) of the Child Support (Registration and

Collection) Act 1988, as inserted by this Act, apply in relation to

applications dismissed on or after the commencement of this item

(whether the application was made before or after that commencement).

166 Application of amendments of subsections 100A(3) and

(4) of the Child Support (Registration and Collection)

Act 1988

Subsections 100A(3) and (4) of the Child Support (Registration and

Collection) Act 1988, as amended by this Act, apply in relation to

notifications given under subsection 100A(1) of that Act after the

commencement of this item.

167 Application of amendment of section 103C of the Child

Support (Registration and Collection) Act 1988

The amendment of section 103C of the Child Support (Registration and

Collection) Act 1988 made by this Act applies in relation to applications

for review made after the commencement of this item.

168 Application of paragraph 103F(4)(aa) of the Child Support

(Registration and Collection) Act 1988

Paragraph 103F(4)(aa) of the Child Support (Registration and

Collection) Act 1988, as inserted by this Act, applies in relation to:

(a) hearings pending immediately before the commencement of

this item; and

(b) hearings commencing after the commencement of this item.

169 Application of subsection 103X(6) of the Child Support

(Registration and Collection) Act 1988

Subsection 103X(6) of the Child Support (Registration and Collection)

Act 1988, as inserted by this Act, applies in relation to a decision made

after the commencement of this item (whether the application to which

the decision relates was made before or after that commencement).

Schedule 3 Social Security Appeals Tribunal

Part 4 Application and transitional provisions for amendments of the Paid Parental

Leave Act 2010

44 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

Part 4--Application and transitional provisions for

amendments of the Paid Parental Leave Act

2010

170 Application of amendments relating to non-disclosure

directions under the Paid Parental Leave Act 2010

(1)

A direction given to a person under subsection 233(3) of the Paid

Parental Leave Act 2010 before the day on which this item commences

continues to have effect on and after that day:

(a) as if subsections 233(3) and (4) of that Act had not been

repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (4) existed

in relation to an offence under subsection 233(4) of that Act.

(2)

A direction given to a person under subsection 245(4) of the Paid

Parental Leave Act 2010 before the day on which this item commences

continues to have effect on and after that day:

(a) as if subsections 245(4) and (5) of that Act had not been

repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (4) existed

in relation to an offence under subsection 245(5) of that Act.

(3)

A direction given to a person under section 249 of the Paid Parental

Leave Act 2010 before the day on which this item commences continues

to have effect on and after that day:

(a) as if section 249 had not been repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (4) existed

in relation to an offence under subsection 249(2) of that Act.

(4)

A direction referred to in this item does not apply to information which

the person to whom the direction was given knew before the disclosure

of the information was made to the person.

Note:

A defendant bears an evidential burden in relation to the matter in subitem (4): see

subsection 13.3(3) of the Criminal Code.

171 Application of section 130A of the Paid Parental Leave

Act 2010

Social Security Appeals Tribunal Schedule 3

Application and transitional provisions for amendments of the Paid Parental Leave Act

2010 Part 4

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 45

Section 130A of the Paid Parental Leave Act 2010, as inserted by this

Act, applies in relation to the disclosure of information after the

commencement of this item (whether the information was obtained

before or after that commencement).

172 Application of amendment of section 237 of the Paid

Parental Leave Act 2010

The amendment of section 237 of the Paid Parental Leave Act 2010

made by this Act applies in relation to applications for review made

after the commencement of this item.

173 Application of paragraph 240(4)(aa) of the Paid Parental

Leave Act 2010

Paragraph 240(4)(aa) of the Paid Parental Leave Act 2010, as inserted

by this Act, applies in relation to:

(a) hearings pending immediately before the commencement of

this item; and

(b) hearings commencing after the commencement of this item.

174 Application of amendments relating to the dismissal of

applications for SSAT review under the Paid Parental

Leave Act 2010

(1)

The amendment of section 251 of the Paid Parental Leave Act 2010

made by this Act applies in relation to applications dismissed on or after

the commencement of this item (whether the application for review was

made before or after that commencement).

(2)

The amendment of section 252 of the Paid Parental Leave Act 2010

made by this Act applies in relation to notifications given on or after the

commencement of this item (whether the application for review was

made before or after that commencement).

175 Application of section 257A of the Paid Parental Leave

Act 2010

Section 257A of the Paid Parental Leave Act 2010, as inserted by this

Act, applies in relation to a decision made after the commencement of

this item (whether the application to which the decision relates was

made before or after that commencement).

Schedule 3 Social Security Appeals Tribunal

Part 5 Application and transitional provisions for amendments of the Social Security

(Administration) Act 1999

46 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

Part 5--Application and transitional provisions for

amendments of the Social Security

(Administration) Act 1999

176 Application of amendments relating to non-disclosure

orders under the Social Security (Administration) Act

1999

(1)

An order given to a person under subsection 158(2) of the Social

Security (Administration) Act 1999 before the day on which this item

commences continues to have effect on and after that day:

(a) as if subsections 158(2), (3) and (4) of that Act had not been

repealed by this Act; and

(b) as if, on and after that day, subitem (4) had effect in relation

to subsection 158(4) of that Act.

(2)

An order given to a person under subsection 166A(4) of the Social

Security (Administration) Act 1999 before the day on which this item

commences continues to have effect on and after that day:

(a) as if subsections 166A(4) and (5) of that Act had not been

repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (4) existed

in relation to an offence under subsection 166A(5) of that

Act.

(3)

An order given to a person under subsection 169(1) of the Social

Security (Administration) Act 1999 before the day on which this item

commences continues to have effect on and after that day:

(a) as if section 169 of that Act had not been repealed by this

Act; and

(b) as if, on and after that day, the defence in subitem (4) existed

in relation to an offence under subsection 169(2) of that Act.

(4)

An order referred to in this item does not apply to information which

the person to whom the order was given knew before the disclosure of

the information was made to the person.

Note:

A defendant bears an evidential burden in relation to the matter in subitem (4): see

subsection 13.3(3) of the Criminal Code.

177 Application of amendments of section 161 of the Social

Security (Administration) Act 1999

Social Security Appeals Tribunal Schedule 3

Application and transitional provisions for amendments of the Social Security

(Administration) Act 1999 Part 5

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 47

The amendments of section 161 of the Social Security (Administration)

Act 1999 made by this Act apply in relation to applications for review

made on or after the commencement of this item.

178 Application of paragraph 163A(4)(aa) of the Social

Security (Administration) Act 1999

Paragraph 163A(4)(aa) of the Social Security (Administration) Act

1999, as inserted by this Act, applies in relation to:

(a) hearings pending immediately before the commencement of

this item; and

(b) hearings commencing after the commencement of this item.

179 Application of amendments relating to reconstituting the

Social Security Appeals Tribunal

(1)

The amendment made by item 146 of this Schedule applies in relation

to directions given before or after the commencement of that item.

(2)

The amendments made by items 147 to 153 of this Schedule apply in

relation to hearings:

(a) that commence after the commencement of those items; and

(b) that had commenced, but had not yet been decided, before

that commencement.

180 Application of amendments relating to the dismissal of

applications for SSAT review under the Social Security

(Administration) Act 1999

(1)

The amendment of section 171 of the Social Security (Administration)

Act 1999 made by this Act applies in relation to applications dismissed

on or after the commencement of this item (whether the application for

review was made before or after that commencement).

(2)

The amendment of section 172 of the Social Security (Administration)

Act 1999 made by this Act applies in relation to notifications given on

or after the commencement of this item (whether the application for

review was made before or after that commencement).

181 Application of amendments of clause 19 of Schedule 3 to

the Social Security (Administration) Act 1999

Schedule 3 Social Security Appeals Tribunal

Part 5 Application and transitional provisions for amendments of the Social Security

(Administration) Act 1999

48 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

The amendment of clause 19 of Schedule 3 to the Social Security

(Administration) Act 1999 made by this Act applies in relation to

records made, or information divulged or communicated, after the

commencement of this item (whether the information recorded,

divulged or communicated was obtained before or after that

commencement).

182 Application of clause 19A of Schedule 3 to the Social

Security (Administration) Act 1999

Clause 19A of Schedule 3 to the Social Security (Administration) Act

1999, as inserted by this Act, applies in relation to the divulging or

communication of information after the commencement of this item

(whether the information was obtained before or after that

commencement).

183 SSAT membership--transitioning existing members

(1) If:

(a) before the day Part 1 of this Schedule commences (the

commencement day), a person was appointed under clause 3

of Schedule 3 to the Social Security (Administration) Act

1999 as a member of the SSAT referred to in paragraph 1(b)

of that Schedule; and

(b) the person was described in the instrument of appointment as

a Senior Member of the SSAT; and

commencement day;

the person is taken, at the start of the commencement day, to have been

duly appointed as a Deputy Principal Member by the Governor-General

under clause 3 of Schedule 3 to that Act:

(d) for the balance of the person's term of appointment that

remained immediately before the commencement day; and

(e) on the same terms and conditions as applied to the person

immediately before the commencement day.

(2) If:

(a) before the commencement day, a person was appointed under

clause 3 of Schedule 3 to the Social Security (Administration)

Act 1999 as a member of the SSAT referred to in paragraph

1(ba) of that Schedule; and

Social Security Appeals Tribunal Schedule 3

Application and transitional provisions for amendments of the Social Security

(Administration) Act 1999 Part 5

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 49

(b) the person was described in the instrument of appointment as

an Assistant Senior Member of the SSAT; and

commencement day;

the person is taken, at the start of the commencement day, to have been

duly appointed as a Senior Member by the Governor-General under

clause 3 of Schedule 3 to that Act:

(d) for the balance of the person's term of appointment that

remained immediately before the commencement day; and

(e) on the same terms and conditions as applied to the person

immediately before the commencement day.

(3)

Subitems (1) and (2) do not prevent the terms and conditions being

varied on or after the commencement day.

184 SSAT membership--transitioning acting appointments

(1) If:

(a) before the day Part 1 of this Schedule commences (the

commencement day), a person was appointed under clause 7

of Schedule 3 to the Social Security (Administration) Act

1999 to act as a member of the SSAT referred to in paragraph

1(b) of that Schedule; and

(b) the person was described in the instrument of appointment as

a Senior Member of the SSAT; and

commencement day;

the person is taken, at the start of the commencement day, to have been

duly appointed to act as a Deputy Principal Member under clause 7 of

Schedule 3 to that Act in the circumstances, and on the same terms and

conditions, as applied to the person immediately before the

commencement day.

(2) If:

(a) before the commencement day, a person was appointed under

clause 7 of Schedule 3 to the Social Security (Administration)

Act 1999 to act as a member of the SSAT referred to in

paragraph 1(ba) of that Schedule; and

(b) the person was described in the instrument of appointment as

an Assistant Senior Member of the SSAT; and

Schedule 3 Social Security Appeals Tribunal

Part 5 Application and transitional provisions for amendments of the Social Security

(Administration) Act 1999

50 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

commencement day;

the person is taken, at the start of the commencement day, to have been

duly appointed to act as a Senior Member under clause 7 of Schedule 3

to that Act in the circumstances, and on the same terms and conditions,

as applied to the person immediately before the commencement day.

(3)

Subitems (1) and (2) do not prevent the terms and conditions being

varied on or after the commencement day.

185 SSAT membership--operation of laws

(1)

If, before the day Part 1 of this Schedule commences (the

commencement day), a thing was done by, or in relation to, a person in

the capacity as a Senior Member, then, for the purposes of the operation

of any law of the Commonwealth on and after the commencement day,

the thing is taken to have been done by, or in relation to, the person in

the capacity as a Deputy Principal Member.

(2)

If, before the commencement day, a thing was done by, or in relation to,

a person in the capacity as an Assistant Senior Member, then, for the

purposes of the operation of any law of the Commonwealth on and after

the commencement day, the thing is taken to have been done by, or in

relation to, the person in the capacity as a Senior Member.

(3)

The Minister may, by writing, determine that subitem (1) or (2) does not

apply in relation to a specified thing.

(4)

To avoid doubt, for the purposes of this item, doing a thing includes

making an instrument.

(5)

A determination made under subitem (3) is not a legislative instrument.

186 SSAT membership--references in instruments

(1) If:

(a) an instrument is in force immediately before the day Part 1 of

this Schedule commences (the commencement day); and

(b) the instrument contains a reference to a Senior Member;

the instrument has effect from the commencement day as if the

reference were a reference to a Deputy Principal Member.

(2) If:

Social Security Appeals Tribunal Schedule 3

Application and transitional provisions for amendments of the Social Security

(Administration) Act 1999 Part 5

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 51

(a) an instrument is in force immediately before the

commencement day; and

(b) the instrument contains a reference to an Assistant Senior

Member;

the instrument has effect from the commencement day as if the

reference were a reference to a Senior Member.

(3)

The Minister may, by writing, determine that subitem (1) or (2) does not

apply in relation to a specified reference.

(4)

A determination under subitem (3) is not a legislative instrument.

187 SSAT membership--party to pending proceedings

(1)

If any proceedings to which a person, in the capacity as a Senior

Member, was a party were pending in any court or tribunal immediately

before the day Part 1 of this Schedule commences (the commencement

day), the person, in the capacity as a Deputy Principal Member, is

substituted for the Senior Member, from the commencement day, as a

party to the proceedings.

(2)

If any proceedings to which a person, in the capacity as an Assistant

Senior Member, was a party were pending in any court or tribunal

immediately before the commencement day, the person, in the capacity

as a Senior Member, is substituted for the Assistant Senior Member,

from the commencement day, as a party to the proceedings.

188 SSAT membership--reviews by SSAT

(1) If:

(a) before the day Part 1 of this Schedule commences (the

commencement day), a person who was a Senior Member

was one of the members who constituted the SSAT for the

purposes of the review of a decision; and

(b) the SSAT had not made its decision on the review before that

day;

then, from the commencement day, that person is taken to be one of the

members who constitute the SSAT for the purposes of the review in the

capacity as a Deputy Principal Member.

(2) If:

Schedule 3 Social Security Appeals Tribunal

Part 5 Application and transitional provisions for amendments of the Social Security

(Administration) Act 1999

52 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

(a) before the commencement day, a person who was an

Assistant Senior Member was one of the members who

constituted the SSAT for the purposes of the review of a

decision; and

(b) the SSAT had not made its decision on the review before that

day;

then, from the commencement day, that person is taken to be one of the

members who constitute the SSAT for the purposes of the review in the

capacity as a Senior Member.

Social Security Appeals Tribunal Schedule 3

Regulations Part 6

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 53

Part 6--Regulations

189 Regulations

(1)

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Schedule to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Schedule.

(2)

The regulations may prescribe matters of a transitional nature (including

prescribing any saving or application provisions) relating to the

amendments made by this Schedule.

Schedule 4 Amendments relating to certain child support declarations

54 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

Schedule 4--Amendments relating to certain

child support declarations

Child Support (Assessment) Act 1989

1 After section 107

Insert:

107A Implementation of declaration under section 107 if assessment

relates to 2 or more children

(1) This section applies if:

(a) the Registrar accepts an application for administrative

assessment for child support for a child; and

(b) a declaration is granted under section 107 that a person

should not be assessed in respect of the costs of the child

because the person is not a parent of the child; and

one or more days (the affected days) in a child support period

relates to:

(i) that child; and

(ii) at least one other child in relation to whom a declaration

under section 107 that the person is not the parent of the

child has not been granted.

Note:

As to whether an administrative assessment relates to one or more

children, see section 67.

(2) The Registrar must amend the administrative assessment on the

basis that the assessment of child support payable for the affected

days relates, and has always related, to the other child or children,

as the case may be.

(3) Subject to subsection (4), the total amount of child support (if any)

paid by the person, and received by the carer entitled to receive it,

under the administrative assessment for the affected days is to be

applied against the total amount of child support payable for those

days under the assessment as amended.

Amendments relating to certain child support declarations Schedule 4

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 55

(4) If the total amount of child support received by the carer for the

affected days exceeds the total amount payable for those days

under the assessment as amended, the excess is to be disregarded.

Note:

The excess may be recovered under section 143.

(5) This section does not limit section 108.

2 Application of amendment

(1)

The amendment made by item 1 applies in relation to declarations

granted before or after the commencement of the amendment.

(2)

However, the amendment made by item 1 does not affect the rights or

liabilities arising between parties to a proceeding heard and finally

determined by a court before the commencement of this item, to the

extent that those rights or liabilities arose from, or were affected by, a

declaration referred to in subitem (1).

Child Support (Registration and Collection) Act 1988

3 After subsection 26(1)

Insert:

(1A) To avoid doubt, the reference to 2 or more persons in

paragraph (1)(g) does not include a reference to 2 or more children

in relation to whom a single administrative assessment applies (see

section 67 of the Assessment Act).

Schedule 5 Schoolkids bonus

56 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

Schedule 5--Schoolkids bonus

A New Tax System (Family Assistance) Act 1999

1 Subsection 3(1)

Insert:

current education period:

(a) for a bonus test day that is a 1 January--means the period

beginning on the bonus test day and ending on the next

30 June; and

(b) for a bonus test day that is a 30 June--means the period

beginning on the day after the bonus test day and ending on

the next 31 December.

2 Subparagraph 35UA(2)(c)(i)

Omit "has turned 16 but".

3 Paragraph 35UA(2)(d)

Repeal the paragraph, substitute:

(d) on the bonus test day:

(i) the other individual is undertaking full-time study in

respect of a secondary course (within the meaning of

subsection 543A(2AB) of the Social Security Act 1991);

(ii) the other individual is undertaking an eligible activity

(see subsection (6)); and

4 Paragraph 35UA(3)(d)

Repeal the paragraph, substitute:

(d) on the bonus test day:

(i) the student is participating in a course of primary

education; or

(ii) the student is undertaking full-time study in respect of a

course of education determined, under section 5D of the

Student Assistance Act 1973, to be a secondary course

for the purposes of that Act; or

Schoolkids bonus Schedule 5

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 57

(iii) the student is undertaking an eligible activity (see

subsection (6)); and

5 Subsection 35UA(4) (heading)

Repeal the heading, substitute:

Disability support pension, carer payment or parenting payment

6 Paragraph 35UA(4)(a)

After "1991", insert ", of carer payment under Part 2.5 of that Act or of

parenting payment under Part 2.10 of that Act".

7 Paragraph 35UA(4)(b)

Repeal the paragraph.

8 Paragraph 35UA(4)(c)

Repeal the paragraph, substitute:

period that included the bonus test day; and

9 Paragraph 35UA(4)(d)

Omit "instalments referred to in paragraphs (a) and (b) were", substitute

"instalment referred to in paragraph (a) was".

10 Subparagraph 35UA(4)(d)(i)

Omit "has turned 16 but".

11 Paragraph 35UA(4)(e)

Repeal the paragraph, substitute:

(e) on the bonus test day:

(i) the other individual is participating in a course of

primary education; or

(ii) the other individual satisfies the secondary study test

within the meaning of section 35UI; or

(iii) the other individual is undertaking an eligible activity

(see subsection (6)); and

12 Paragraph 35UA(4)(f)

Schedule 5 Schoolkids bonus

58 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

Omit "disability support pension and the pensioner education

supplement are both", substitute "the pension or payment referred to in

paragraph (a) is".

13 After subsection 35UA(4)

Insert:

Special benefit

(4A) An individual (the eligible individual) is eligible for schoolkids

bonus on a bonus test day if:

(a) an instalment of special benefit under Part 2.15 of the Social

Security Act 1991 has been paid to the eligible individual;

and

(b) the instalment referred to in paragraph (a) was in respect of a

period that included the bonus test day; and

individual who:

(i) on the bonus test day, is aged under 20; and

(ii) if the other individual is aged 19 on the bonus test

day--turned 19 during the calendar year in which the

bonus test day occurs; and

(d) at any time before the end of the period of 13 weeks

beginning on the bonus test day, the Secretary is notified, or

otherwise becomes aware, that on at least one day in the

current education period for the bonus test day:

(i) the other individual participated, or will participate, in a

course of primary education; or

(ii) the other individual satisfied, or will satisfy, the

secondary study test within the meaning of

section 35UI; or

(iii) the other individual undertook, or will undertake, an

eligible activity (see subsection (6)); and

(e) the benefit referred to in paragraph (a) is payable to the other

individual in respect of the bonus test day; and

(f) the instalment referred to in paragraph (a) was paid to the

eligible individual as payment nominee in accordance with

Part 3A of the Social Security (Administration) Act 1999.

14 Paragraph 35UA(5)(d)

Schoolkids bonus Schedule 5

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 59

Repeal the paragraph, substitute:

(d) on the bonus test day, the student is undertaking primary or

secondary education; and

15 At the end of section 35UA

Add:

Eligible activity

(6) For the purposes of this section, eligible activity means study,

education or an activity of a kind prescribed in a legislative

instrument made by the Minister for the purposes of this

subsection.

16 Subparagraphs 35UB(2)(b)(i), (ii) and (iii)

Omit "6-month period beginning on", substitute "current education

period for".

17 Paragraph 35UD(1)(b)

Repeal the paragraph, substitute:

(b) on a day in the current education period for the bonus test

day:

(i) participated, or will participate, for the first time in a

course of primary education; or

(ii) undertook, or will undertake, for the first time any

eligible activity within the meaning of subsection

35UB(4);

18 Paragraph 35UD(2)(a)

Omit "individual", substitute "eligible individual".

19 Paragraph 35UD(2)(b)

Repeal the paragraph, substitute:

(b) on at least one day in the previous education period for the

bonus test day:

(i) undertook full-time study in respect of a secondary

course (within the meaning of subsection 543A(2AB) of

the Social Security Act 1991); or

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60 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

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(ii) undertook an eligible activity within the meaning of

subsection 35UA(6);

20 Paragraph 35UD(3)(b)

Repeal the paragraph, substitute:

(b) on at least one day in the previous education period for the

bonus test day:

(i) participated in a course of primary education; or

(ii) undertook full-time study in respect of a course of

education determined, under section 5D of the Student

Assistance Act 1973, to be a secondary course for the

purposes of that Act; or

(iii) undertook an eligible activity within the meaning of

subsection 35UA(6);

21 Subsection 35UD(4) (heading)

Repeal the heading, substitute:

Disability support pension, carer payment or parenting payment

22 Paragraph 35UD(4)(a)

Omit "individual", substitute "eligible individual".

23 Paragraph 35UD(4)(b)

Repeal the paragraph, substitute:

(b) on at least one day in the previous education period for the

bonus test day:

(i) participated in a course of primary education; or

(ii) satisfied the secondary study test within the meaning of

section 35UI; or

(iii) undertook an eligible activity within the meaning of

subsection 35UA(6);

24 After subsection 35UD(4)

Insert:

Schoolkids bonus Schedule 5

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 61

Special benefit

(4A) If an individual (the eligible individual) is eligible under

subsection 35UA(4A) for schoolkids bonus on a bonus test day,

each other individual who is covered by paragraphs 35UA(4A)(c),

(d) and (e) in relation to the eligible individual for the bonus test

day and who:

(a) on at least one day in the previous education period for the

bonus test day:

(i) participated in a course of primary education; or

(ii) satisfied the secondary study test within the meaning of

section 35UI; or

(iii) undertook an eligible activity within the meaning of

subsection 35UA(6); or

(b) on a day in the current education period for the bonus test

day:

(i) participated, or will participate, for the first time in a

course of primary education; or

(ii) undertook, or will undertake, for the first time any

eligible activity within the meaning of subsection

35UA(6);

is an eligible child in relation to the eligible individual for the

bonus test day.

25 Paragraphs 35UD(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) on at least one day in the previous education period for the

bonus test day, undertook primary or secondary education; or

(b) on at least one day during the current education period for the

bonus test day, undertook, or will undertake, for the first time

primary education;

26 Subparagraph 35UE(1)(d)(i)

Omit "has turned 16 but".

27 Paragraphs 35UE(1)(e) and (f)

Repeal the paragraphs, substitute:

(e) on the bonus test day:

Schedule 5 Schoolkids bonus

62 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

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(i) the individual is undertaking full-time study in respect

of a secondary course (within the meaning of subsection

543A(2AB) of the Social Security Act 1991); or

(ii) the individual is undertaking an eligible activity (see

subsection (6)); and

(f) on at least one day in the previous education period for the

bonus test day:

(i) the individual undertook full-time study in respect of a

secondary course (within the meaning of subsection

543A(2AB) of the Social Security Act 1991); or

(ii) the individual undertook an eligible activity (see

subsection (6)); and

28 Subparagraph 35UE(2)(c)(i)

Omit "has turned 16 but".

29 After subparagraph 35UE(2)(c)(i)

Insert:

(ia) if the individual is aged under 16 on the bonus test

day--has, under the ABSTUDY scheme, independent

status; and

30 Paragraphs 35UE(2)(d) and (e)

Repeal the paragraphs, substitute:

(d) on the bonus test day:

(i) the individual is participating in a course of primary

education; or

(ii) the individual is undertaking full-time study in respect

of a course of education determined, under section 5D

of the Student Assistance Act 1973, to be a secondary

course for the purposes of that Act; or

(iii) the individual is undertaking an eligible activity (see

subsection (6)); and

(e) on at least one day in the previous education period for the

bonus test day:

(i) the individual participated in a course of primary

education; or

(ii) the individual undertook full-time study in respect of a

course of education determined, under section 5D of the

Schoolkids bonus Schedule 5

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 63

Student Assistance Act 1973, to be a secondary course

for the purposes of that Act; or

(iii) the individual undertook an eligible activity (see

subsection (6)); and

31 Subsection 35UE(3) (heading)

Repeal the heading, substitute:

Disability support pension, carer payment, parenting payment or

special benefit

32 Paragraph 35UE(3)(a)

After "1991", insert ", of carer payment under Part 2.5 of that Act, of

parenting payment under Part 2.10 of that Act or of special benefit

under Part 2.15 of that Act".

33 Paragraph 35UE(3)(b)

Repeal the paragraph.

34 Paragraph 35UE(3)(c)

Repeal the paragraph, substitute:

period that included the bonus test day; and

35 Paragraph 35UE(3)(d)

Omit "instalments referred to in paragraphs (a) and (b) were", substitute

"instalment referred to in paragraph (a) was".

36 Subparagraph 35UE(3)(e)(i)

Omit "has turned 16 but".

37 Paragraphs 35UE(3)(f) and (g)

Repeal the paragraphs, substitute:

(f) on the bonus test day:

(i) the individual is participating in a course of primary

education; or

(ii) the individual satisfies the secondary study test within

the meaning of section 35UI; or

Schedule 5 Schoolkids bonus

64 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

(iii) the individual is undertaking an eligible activity (see

subsection (6)); and

(g) on at least one day in the previous education period for the

bonus test day:

(i) the individual participated in a course of primary

education; or

(ii) the individual satisfied the secondary study test within

the meaning of section 35UI; or

(iii) the individual undertook an eligible activity (see

subsection (6)); and

38 Paragraph 35UE(3)(h)

Omit "disability support pension and the pensioner education

supplement are both", substitute "the pension, payment or benefit

referred to in paragraph (a) is".

39 Subparagraph 35UE(4)(a)(i)

Omit ", 3.6".

40 Subparagraph 35UE(4)(a)(ii)

Omit ", 3.4 or 3.6", substitute "or 3.4".

41 Paragraphs 35UE(4)(d) and (e)

Repeal the paragraphs, substitute:

(d) on the bonus test day, the individual is undertaking secondary

education; and

(e) on at least one day in the previous education period for the

bonus test day, the individual undertook secondary

education; and

42 Subsection 35UE(5) (heading)

Repeal the heading.

43 Subparagraph 35UE(5)(c)(i)

Omit "has turned 16 but".

44 Paragraphs 35UE(5)(d) and (e)

Repeal the paragraphs, substitute:

Schoolkids bonus Schedule 5

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 65

(d) on the bonus test day, the eligible individual is undertaking

secondary education; and

(e) on at least one day in the previous education period for the

bonus test day, the eligible individual undertook secondary

education; and

45 Paragraph 35UE(5)(g)

Repeal the paragraph, substitute:

(g) the allowance was paid:

(i) to the eligible individual as a student; or

(ii) to another individual as an appropriate person (within

the meaning of the scheme referred to in

subparagraph (a)(i) or (ii)) for the eligible individual.

46 At the end of section 35UE

Add:

Eligible activity

(6) For the purposes of this section, eligible activity means study,

education or an activity of a kind prescribed in a legislative

instrument made by the Minister for the purposes of this

subsection.

47 Subsection 35UF(3)

Repeal the subsection, substitute:

(3) The Minister must not determine that an individual is eligible

under this section for schoolkids bonus on a bonus test day unless

the individual was undertaking primary or secondary education

(within the meaning of the instrument) on at least one day in 2012.

48 Subsection 35UH(2)

Omit "relation that", substitute "relation to that".

49 At the end of Subdivision C of Division 1A of Part 3

Add:

Schedule 5 Schoolkids bonus

66 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

35UI Secondary study test

(1) This section sets out when an individual satisfies the secondary

study test on a day (the relevant day) that:

(a) is a bonus test day; or

(b) is in the current education period for a bonus test day; or

(2)

The

individual

satisfies the secondary study test on the relevant

day if, on that day, the individual is undertaking full-time study in

respect of a secondary course (within the meaning of subsection

543A(2AB) of the Social Security Act 1991).

(3) If the following apply:

(a) an instalment of pensioner education supplement under

Part 2.24A of the Social Security Act 1991, or under the

scheme known as the ABSTUDY scheme, has been paid in

respect of the individual in respect of a period that included

the bonus test day;

(b) the supplement is payable to the individual in respect of the

bonus test day;

the individual satisfies the secondary study test on the relevant day

if, on that day, the individual is undertaking study in respect of a

course of education determined, under section 5D of the Student

Assistance Act 1973, to be a secondary course for the purposes of

that Act.

50 Subsection 65B(1)

Omit "or (4)" (wherever occurring), substitute ", (4) or (4A)".

51 Subsection 65B(2)

Omit "(the current bonus test day)".

52 Paragraph 65B(2)(a)

Omit "most recent".

53 Subparagraph 65B(2)(a)(ii)

Omit "or (4)", substitute ", (4), (4A) or (4B)".

54 Subparagraph 65B(2)(a)(ii)

Schoolkids bonus Schedule 5

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 67

Omit "current".

55 Paragraph 65B(2)(b)

Omit "most recent".

56 Subsection 65B(4)

Repeal the subsection, substitute:

(4) For an eligible child under subsection 35UD(1), this subsection

applies to the eligible child for the bonus test day if, at any time

before the end of the second income year after the income year in

which the bonus test day occurs, the Secretary is notified, or

otherwise becomes aware, that:

(a) the eligible child:

(i) undertook full-time study in respect of a secondary

course (within the meaning of subsection 543A(2AB) of

the Social Security Act 1991) on at least one day during

the previous education period for the bonus test day; or

(ii) undertook, or will undertake, full-time study in respect

of a secondary course (within the meaning of subsection

543A(2AB) of the Social Security Act 1991) on at least

one day during the current education period for the

bonus test day; or

(b) the eligible child:

(i) undertook an eligible activity on at least one day during

the previous education period for the bonus test day; or

(ii) undertook, or will undertake, an eligible activity on at

least one day during the current education period for the

bonus test day.

Note: For

eligible activity, see subsection (7).

(4A) For an eligible child under subsection 35UD(2), this subsection

applies to the eligible child for the bonus test day if, at any time

before the end of the period of 13 weeks beginning on the bonus

test day, the Secretary is notified, or otherwise becomes aware,

that:

(a) the eligible child:

(i) undertook full-time study in respect of a secondary

course (within the meaning of subsection 543A(2AB) of

Schedule 5 Schoolkids bonus

68 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

the Social Security Act 1991) on at least one day during

the previous education period for the bonus test day; or

(ii) undertook, or will undertake, full-time study in respect

of a secondary course (within the meaning of subsection

543A(2AB) of the Social Security Act 1991) on at least

one day during the current education period for the

bonus test day; or

(b) the eligible child:

(i) undertook an eligible activity on at least one day during

the previous education period for the bonus test day; or

(ii) undertook, or will undertake, an eligible activity on at

least one day during the current education period for the

bonus test day.

Note: For

eligible activity, see subsection (7).

(4B) For an eligible child under subsection 35UD(4) or (4A), this

subsection applies to the eligible child for the bonus test day if, at

any time before the end of the period of 13 weeks beginning on the

bonus test day, the Secretary is notified, or otherwise becomes

aware, that:

(a) the eligible child:

(i) satisfied the secondary study test within the meaning of

section 35UI on at least one day during the previous

education period for the bonus test day; or

(ii) satisfied, or will satisfy, the secondary study test within

the meaning of section 35UI on at least one day during

the current education period for the bonus test day; or

(b) the eligible child:

(i) undertook an eligible activity on at least one day during

the previous education period for the bonus test day; or

(ii) undertook, or will undertake, an eligible activity on at

least one day during the current education period for the

bonus test day.

Note: For

eligible activity, see subsection (7).

57 Paragraph 65C(2)(a)

Omit "most recent".

58 Subparagraph 65C(2)(a)(ii)

Schoolkids bonus Schedule 5

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 69

Omit "scheme", substitute "Scheme".

59 Section 65E

Repeal the section, substitute:

65E Amount of schoolkids bonus--individuals eligible under

subsection 35UE(1), (2) or (3)

(1) If an individual is eligible under subsection 35UE(1), (2) or (3) for

schoolkids bonus on a bonus test day, the amount of schoolkids

bonus for the individual for the bonus test day is:

(a) if the individual was aged under 16 on the bonus test day:

(i) the primary school amount; or

(ii) if subsection (2) or (3) applies to the individual for the

bonus test day--the secondary school amount; and

(b) if the individual was aged 16 or over on the bonus test day--

the secondary school amount.

(2) This subsection applies to an individual for the bonus test day if:

(a) an amount was applicable under this section in relation to the

most recent bonus test day for the individual; and

(b) the amount was the secondary school amount.

(3) This subsection applies to an individual for the bonus test day if, at

any time before the end of the period of 13 weeks beginning on the

bonus test day, the Secretary is notified, or otherwise becomes

aware, that:

(a) if the individual is eligible under subsection 35UE(1) for

schoolkids bonus on the bonus test day--the individual:

(i) undertook full-time study in respect of a secondary

course (within the meaning of subsection 543A(2AB) of

the Social Security Act 1991) on at least one day during

the previous education period for the bonus test day; or

(ii) undertook, or will undertake, full-time study in respect

of a secondary course (within the meaning of subsection

543A(2AB) of the Social Security Act 1991) on at least

one day during the current education period for the

bonus test day; or

(b) if the individual is eligible under subsection 35UE(2) for

schoolkids bonus on the bonus test day--the individual:

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70 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

(i) undertook full-time study in respect of a course of

education determined, under section 5D of the Student

Assistance Act 1973, to be a secondary course for the

purposes of that Act on at least one day during the

previous education period for the bonus test day; or

(ii) undertook, or will undertake, full-time study in respect

of a course of education determined, under section 5D

of the Student Assistance Act 1973, to be a secondary

course for the purposes of that Act on at least one day

during the current education period for the bonus test

day; or

schoolkids bonus on the bonus test day--the individual:

(i) satisfied the secondary study test within the meaning of

section 35UI on at least one day during the previous

education period for the bonus test day; or

(ii) satisfied, or will satisfy, the secondary study test within

the meaning of section 35UI on at least one day during

the current education period for the bonus test day; or

(d) in any case--the individual:

(i) undertook an eligible activity on at least one day during

the previous education period for the bonus test day; or

(ii) undertook, or will undertake, an eligible activity on at

least one day during the current education period for the

bonus test day.

Eligible activity

(4) For the purposes of this section, eligible activity means study,

education or an activity of a kind prescribed in a legislative

instrument made by the Minister for the purposes of this

subsection.

65EA Amount of schoolkids bonus--individuals eligible under

subsection 35UE(4) or (5)

The amount of schoolkids bonus for an individual who is eligible

under subsection 35UE(4) or (5) for schoolkids bonus on a bonus

test day is the secondary school amount.

Schoolkids bonus Schedule 5

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 71

65EB Amount of schoolkids bonus--individuals eligible under

section 35UF

(1) Subject to this section, the amount of schoolkids bonus for an

individual who is eligible under section 35UF for schoolkids bonus

on a bonus test day is the secondary school amount.

(2) The instrument made under section 35UF may make provision for

the amount worked out under subsection (1) of this section for that

day to be varied in the circumstances specified in the instrument.

(3) If the instrument made under section 35UF provides for the amount

worked out under subsection (1) of this section for a bonus test day

to be varied, the amount applicable for that day is the amount as

varied.

A New Tax System (Family Assistance) (Administration) Act

1999

60 At the end of section 221

Add:

(5) The Secretary may delegate to an APS employee in the Department

administered by the Minister administering the Veterans'

Entitlements Act 1986 all or any of the powers of the Secretary

under the family assistance law that relate to the schoolkids bonus,

to the extent that eligibility for that bonus is because of a payment

of an education allowance under:

(a) the Veterans' Children Education Scheme; or

(b) the Military Rehabilitation and Compensation Act Education

and Training Scheme.

Note: The

expression

APS employee is defined in section 2B of the Acts

Interpretation Act 1901.

Social Security Act 1991

61 After paragraph 8(8)(jab)

Insert:

Other amendments Schedule 6

Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures)

Bill 2012 No. , 2012 73

Schedule 6--Other amendments

A New Tax System (Family Assistance) Act 1999

1 Subsection 84G(5)

Repeal the subsection, substitute:

Daily rate

(5) The daily rate of single income family supplement is the annual

rate divided by 365 and rounded up to the nearest cent.

2 Subsection 108(1A) (heading)

Repeal the heading, substitute:

Other cases

3 Paragraph 108(1A)(c)

Repeal the paragraph.

4 Application provision--item 3

The amendment made by item 3 applies in relation to working out

whether individuals are entitled to further payments of clean energy

advance on or after the day that item commences.

5 At the end of clause 4 of Schedule 4

Add:

(3) This clause does not apply to the following amounts:

(a) FTB clean energy child amount;

(b) Clean energy supplement (Part B);

Note:

See clause 7 for how to index those amounts.

6 At the end of Part 2 of Schedule 4

Add:

Schedule 6 Other amendments

74 Social Security and Other Legislation Amendment (Further 2012 Budget and Other

Measures) Bill 2012 No. , 2012

7 Indexation of certain clean energy amounts

(1) This clause applies to the following amounts:

(a) FTB clean energy child amount;

(b) Clean energy supplement (Part B);

(2) If an amount to which this clause applies is to be indexed under

this Part on an indexation day, this Act has effect as if the indexed

amount were substituted for that amount on that day.

(3) This is how to work out the indexed amount for an amount to

which this clause applies that is to be indexed under this Part on an

indexation day (the current indexation day):

Method statement

Step 1. Work out the current figure for the amount immediately

before 1 July 2014.

Step 2. Multiply that current figure, in turn, by the indexation

factor (worked out under clause 5) for the amount on

each indexation day, for the amount, starting on 1 July

2014 and up to and including the current indexation day:

the result is the provisional indexed amount.

Step 3. Use clause 6 to round off the provisional indexed

amount: the result is the indexed amount.

A New Tax System (Family Assistance) (Administration) Act

1999

7 Paragraph 224(1)(f)

Omit "know", substitute "known".

Social Security Act 1991

8 Subparagraph 96(1)(b)(i)

Omit "and", substitute "but".

Commonwealth of Australia Bills

SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (FURTHER 2012 BUDGET AND OTHER MEASURES) BILL 2012