Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Social Security and Other Legislation
Amendment (Self-Employment
Programs and Other Measures) Bill 2022
No. , 2022
(Employment and Workplace Relations)
A Bill for an Act to amend legislation relating to
family law, social security and veterans'
entitlements, and for related purposes
No. , 2022
Social Security and Other Legislation Amendment (Self-Employment
Programs and Other Measures) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments relating to self-employment
programs
3
Family Law Regulations 1984
3
Social Security Act 1991
3
Veterans' Entitlements Act 1986
5
Schedule 2--Technical amendments
8
Social Security Act 1991
8
Social Security (Administration) Act 1999
8
No. , 2022
Social Security and Other Legislation Amendment (Self-Employment
Programs and Other Measures) Bill 2022
1
A Bill for an Act to amend legislation relating to
1
family law, social security and veterans'
2
entitlements, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Social Security and Other Legislation Amendment
6
(Self-Employment Programs and Other Measures) Act 2022
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Social Security and Other Legislation Amendment (Self-Employment
Programs and Other Measures) Bill 2022
No. , 2022
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Note:
The provisions of the
Family Law Regulations 1984
amended by this
13
Act, and any other provisions of those Regulations, may be amended
14
or repealed by regulations made under section 125 of the
Family Law
15
Act 1975
(see subsection 13(5) of the
Legislation Act 2003
).
16
Amendments relating to self-employment programs
Schedule 1
No. , 2022
Social Security and Other Legislation Amendment (Self-Employment
Programs and Other Measures) Bill 2022
3
Schedule 1--Amendments relating to
1
self-employment programs
2
3
Family Law Regulations 1984
4
1 After paragraph 12A(e)
5
Insert:
6
(ea) a payment under the program known as:
7
(i) the Self-Employment Assistance program; or
8
(ii) if the Self-Employment Assistance program is known
9
by another name--that other name;
10
2 At the end of regulation 12A
11
Add:
12
Note:
For the purposes of subparagraph (ea)(ii), if the name of the
13
Self-Employment Assistance program changes, notice must be given
14
of that change (see subsection 23(25) of the
Social Security Act
1991
).
15
Social Security Act 1991
16
3 Paragraph 8(8)(t)
17
Omit "the scheme known as the New Enterprise Incentive Scheme",
18
substitute "a self-employment program".
19
4 Subsection 23(1) (definition of NEIS payment)
20
Repeal the definition.
21
5 Subsection 23(1)
22
Insert:
23
self-employment program
means:
24
(a) the scheme known as the New Enterprise Incentive Scheme;
25
or
26
(b) the program known as:
27
(i) the Self-Employment Assistance program; or
28
Schedule 1
Amendments relating to self-employment programs
4
Social Security and Other Legislation Amendment (Self-Employment
Programs and Other Measures) Bill 2022
No. , 2022
(ii) if the Self-Employment Assistance program is known
1
by another name--that other name.
2
Note:
For the purposes of subparagraph (b)(ii), if the name of the
3
Self-Employment Assistance program changes, the Employment
4
Secretary must give notice of that change (see subsection (25)).
5
6 At the end of section 23
6
Add:
7
Self-Employment Assistance program
8
(25) If the program known as the Self-Employment Assistance program
9
becomes known by another name, the Employment Secretary must,
10
by notifiable instrument, give notice of the change in name.
11
7 Subsection 1064(1) (note 2)
12
Omit "the New Enterprise Incentive Scheme", substitute "a
13
self-employment program".
14
8 Point 1071A-4 (paragraph (d) of the definition of income)
15
Omit "the scheme known as the New Enterprise Incentive Scheme",
16
substitute "a self-employment program".
17
9 Part 3.15 of Chapter 3 (heading)
18
Repeal the heading, substitute:
19
Part 3.15--Self-employment programs
20
10 Section 1186
21
Omit "the scheme known as the New Enterprise Incentive Scheme
22
(NEIS)", substitute "a self-employment program".
23
11 Section 1187 (heading)
24
Omit "
New Enterprise Incentive Scheme (NEIS)
", substitute "
a
25
self-employment program
".
26
Amendments relating to self-employment programs
Schedule 1
No. , 2022
Social Security and Other Legislation Amendment (Self-Employment
Programs and Other Measures) Bill 2022
5
12 Paragraphs 1187(1)(b) and (1A)(b)
1
Omit "NEIS", substitute "a payment under a self-employment
2
program".
3
13 Paragraph 1187(1A)(b)
4
Omit ", or in respect of the person,".
5
14 Paragraph 1187(2)(b)
6
Omit "NEIS", substitute "a payment under a self-employment
7
program".
8
15 Subsection 1188(1)
9
Omit "a NEIS payment", substitute "a payment under a
10
self-employment program (a
self-employment program payment
)".
11
16 Subsection 1188(1)
12
Omit "the NEIS payment", substitute "the self-employment program
13
payment".
14
17 Subsection 1188(2)
15
Omit "NEIS payment" (wherever occurring), substitute
16
"self-employment program payment".
17
Veterans' Entitlements Act 1986
18
18 Paragraph 5H(8)(x)
19
Omit "the scheme known as the New Enterprise Incentive Scheme",
20
substitute "a self-employment program".
21
19 Subsection 5Q(1)
22
Insert:
23
self-employment program
means:
24
(a) the scheme known as the New Enterprise Incentive Scheme;
25
or
26
(b) the program known as:
27
(i) the Self-Employment Assistance program; or
28
Schedule 1
Amendments relating to self-employment programs
6
Social Security and Other Legislation Amendment (Self-Employment
Programs and Other Measures) Bill 2022
No. , 2022
(ii) if the Self-Employment Assistance program is known
1
by another name--that other name.
2
Note:
For the purposes of subparagraph (b)(ii), if the name of the
3
Self-Employment Assistance program changes, notice must be given
4
of that change (see subsection 23(25) of the Social Security Act).
5
20 Sections 36N, 37N and 38N (note 2)
6
Omit "the New Enterprise Incentive Scheme", substitute "a
7
self-employment program".
8
21 Division 9 of Part IIIB (heading)
9
Repeal the heading, substitute:
10
Division 9--Self-employment programs
11
22 Section 50
12
Omit "the scheme known as the New Enterprise Incentive Scheme
13
(NEIS)", substitute "a self-employment program".
14
23 Section 50 (note)
15
Omit "the NEIS", substitute "a self-employment program".
16
24 Section 50A (heading)
17
Omit "
NEIS
", substitute "
a self-employment program
".
18
25 Paragraphs 50A(1)(b), (2)(b) and (3)(b)
19
Omit "NEIS", substitute "a payment under a self-employment
20
program".
21
26 Subsection 50B(1)
22
Omit "a NEIS payment", substitute "a payment under a
23
self-employment program (a
self-employment program payment
)".
24
27 Subsection 50B(1)
25
Omit "the NEIS payment", substitute "the self-employment program
26
payment".
27
Amendments relating to self-employment programs
Schedule 1
No. , 2022
Social Security and Other Legislation Amendment (Self-Employment
Programs and Other Measures) Bill 2022
7
28 Subsection 50B(2)
1
Omit "NEIS payment" (wherever occurring), substitute
2
"self-employment program payment".
3
29 Application of amendments
4
The amendments made by this Schedule (other than items 1 and 2)
5
apply in relation to payments under a self-employment program that are
6
made on or after 1 July 2022.
7
Schedule 2
Technical amendments
8
Social Security and Other Legislation Amendment (Self-Employment
Programs and Other Measures) Bill 2022
No. , 2022
Schedule 2--Technical amendments
1
2
Social Security Act 1991
3
1 Paragraph 540(1)(a)
4
Repeal the paragraph, substitute:
5
(a) throughout the period:
6
(i) the person is undertaking full-time study (see
7
section 541B); or
8
(ii) the person is exempt from undertaking full-time study
9
(see Subdivision C) but the person satisfies the
10
Secretary that the person would otherwise be
11
undertaking full-time study (see section 541B); or
12
(iii) the person satisfies subsection (2); and
13
2 Subsection 593(1) (notes 2 and 3)
14
Repeal the notes.
15
3 Paragraphs 593(1F)(a) and (b)
16
Omit "a Jobseeker Employment Pathway Plan", substitute "an
17
employment pathway plan".
18
4 Subsection 661B(1) (table item 3, column 3, paragraph (a))
19
Omit "subparagraph 540(1)(a)(ia)", substitute
20
"subparagraph 540(1)(a)(ii)".
21
5 Subsection 661B(1) (table item 3, column 3, paragraph (b))
22
Omit "subparagraph 540(1)(a)(ib)", substitute
23
"subparagraph 540(1)(a)(iii)".
24
Social Security (Administration) Act 1999
25
6 Paragraph 40S(1)(a)
26
Omit "subparagraph 593(1)(a)(iii)", substitute
27
"subparagraph 593(1)(a)(ii)".
28