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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Social
Security and Veterans’ Entitlements Legislation Amendment (Retirement
Assistance for Farmers) Bill 2001
No. ,
2001
(Family and Community
Services)
A Bill for an Act to amend the
law relating to social security and veterans’ entitlements, and for
related purposes
Contents
A Bill for an Act to amend the law relating to social
security and veterans’ entitlements, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Social Security and Veterans’
Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act
2001.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 After section 1185A
Insert:
In this Part:
applicable cut-off date means:
(a) in relation to a transfer, where:
(i) the transfer was not completed before 1 July 2001; and
(ii) a pre-assessment request in relation to the transfer was lodged with
the Department or the Agency before 1 August 2001; and
(iii) the Department or Agency responded affirmatively to the
request;
the first day after the end of the period of 3 months beginning on the
day on which the Department or Agency responded to the request; and
(b) in relation to any other transfer—1 July 2001.
Pre-assessment request
(1) For the purposes of this Part, a pre-assessment request
is a written request by a person:
(a) for advice about whether this Part would apply to the person, or to
the person’s partner, in the event that a proposed transfer were to take
place; and
(b) that sets out sufficient information to enable the advice to be
given.
(2) For the purposes of subsection (1), a written request does not
include a request made by email.
Contact by telephone etc.—timing of request
(3) For the purposes of this Part, if:
(a) a person contacted the Department or the Agency:
(i) by telephone; or
(ii) by fax; or
(iii) by email; or
(iv) in person;
for advice about whether this Part would apply to the person, or to the
person’s partner, in the event that a proposed transfer were to take
place; and
(b) the person followed up that contact by lodging a pre-assessment
request with the Department or Agency within 21 days after the day on which the
person contacted the Department or Agency;
the person is taken to have lodged the pre-assessment request on the day on
which the person contacted the Department or Agency.
Affirmative response to pre-assessment request
(4) For the purposes of this Part, if a person lodges a pre-assessment
request, the Department or the Agency is taken to have responded affirmatively
to that request if, and only if, the Secretary, or an officer of the Agency,
gives the person a written notice:
(a) that contains advice to the effect that this Part would apply to the
person, or to the person’s partner, in the event that the proposed
transfer were to take place; and
(b) that specifies the date on which the notice was issued.
Timing of response
(5) The Department or the Agency is taken to have responded to a
pre-assessment request on the date specified in the notice as the date on which
the notice was issued.
2 Paragraph 1185B(1)(a)
Omit “1 July 2001”, substitute “the applicable
cut-off date”.
3 Paragraph 1185B(2)(a)
Omit “1 July 2001”, substitute “the applicable
cut-off date”.
4 Subsection 1185D(3)
Omit “If”, substitute “If the applicable cut-off date in
relation to the transfer referred to in paragraph (1)(a) was 1 July
2001, and”.
5 Paragraph 1185D(3)(a)
Omit “referred to in paragraph (1)(a)”.
6 Subsection 1185D(4)
Omit “If”, substitute “If the applicable cut-off date in
relation to the transfer referred to in subsection (2) was 1 July
2001, and”.
7 Paragraph 1185D(4)(a)
Omit “referred to in subsection (2)”.
8 Paragraph 1185E(f)
Omit “1 July 2001”, substitute “the applicable
cut-off date”.
9 Paragraph 1185J(2)(b)
Omit “1 July 2001”, substitute “the applicable
cut-off date”.
10 Subsection 1185K(1) (method
statement)
Omit “the day on which the transfer was completed” (wherever
occurring), substitute “the applicable completion day”.
11 Subsection 1185K(5)
Insert:
applicable completion day, in relation to a transfer, means
the earlier of:
(a) the day on which the transfer was completed; and
(b) 30 June 2001.
12 Subsection 1185K(5) (paragraph (b) of
the definition of operative day)
Omit “the day on which the transfer of the person’s qualifying
interest in the farm or farms was completed”, substitute “the
applicable completion day in relation to the transfer of the person’s
qualifying interest in the farm or farms”.
13 At the end of
Part 3.14A
Add:
(1) If:
(a) apart from this subsection, an amount would have become payable under
this Act to a person in respect of a period; and
(b) the amount would not have become payable if Divisions 1 to 5 of
this Part had not been amended by the Social Security and Veterans’
Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act
2001; and
(c) the person has been paid an ex gratia payment from the Commonwealth in
respect of that period;
the amount mentioned in paragraph (a) is not payable to the
person.
(2) If:
(a) apart from this subsection, an amount would have become payable under
this Act to a person in respect of a period; and
(b) the amount exceeds the amount that would have been payable if
Divisions 1 to 5 of this Part had not been amended by the Social
Security and Veterans’ Entitlements Legislation Amendment (Retirement
Assistance for Farmers) Act 2001; and
(c) the person has been paid an ex gratia payment from the Commonwealth in
respect of that period;
the amount mentioned in paragraph (a) is reduced by the amount of the
excess.
1 After section 49
Insert:
In this Division:
applicable cut-off date means:
(a) in relation to a transfer, where:
(i) the transfer was not completed before 1 July 2001; and
(ii) a pre-assessment request in relation to the transfer was lodged with
the Department before 1 August 2001; and
(iii) the Department responded affirmatively to the request;
the first day after the end of the period of 3 months beginning on the
day on which the Department responded to the request; and
(b) in relation to any other transfer—1 July 2001.
Pre-assessment request
(1) For the purposes of this Division, a pre-assessment request
is a written request by a person:
(a) for advice about whether this Division would apply to the person, or
to the person’s partner, in the event that a proposed transfer were to
take place; and
(b) that sets out sufficient information to enable the advice to be
given.
(2) For the purposes of subsection (1), a written request does not
include a request made by email.
Contact by telephone etc.—timing of request
(3) For the purposes of this Division, if:
(a) a person contacted the Department:
(i) by telephone; or
(ii) by fax; or
(iii) by email; or
(iv) in person;
for advice about whether this Division would apply to the person, or to
the person’s partner, in the event that a proposed transfer were to take
place; and
(b) the person followed up that contact by lodging a pre-assessment
request with the Department within 21 days after the day on which the person
contacted the Department;
the person is taken to have lodged the pre-assessment request on the day on
which the person contacted the Department.
Affirmative response to pre-assessment request
(4) For the purposes of this Division, if a person lodges a pre-assessment
request, the Department is taken to have responded affirmatively to that request
if, and only if, the Secretary, or an officer of the Department, gives the
person a written notice:
(a) that contains advice to the effect that this Division would apply to
the person, or to the person’s partner, in the event that the proposed
transfer were to take place; and
(b) that specifies the date on which the notice was issued.
Timing of response
(5) The Department is taken to have responded to a pre-assessment request
on the date specified in the notice as the date on which the notice was
issued.
2 Paragraph 49A(1)(a)
Omit “1 July 2001”, substitute “the applicable
cut-off date”.
3 Paragraph 49A(2)(a)
Omit “1 July 2001”, substitute “the applicable
cut-off date”.
4 Subsection 49C(3)
Omit “If”, substitute “If the applicable cut-off date in
relation to the transfer referred to in paragraph (1)(a) was 1 July
2001, and”.
5 Paragraph 49C(3)(a)
Omit “referred to in paragraph (1)(a)”.
6 Subsection 49C(4)
Omit “If”, substitute “If the applicable cut-off date in
relation to the transfer referred to in subsection (2) was 1 July
2001, and”.
7 Paragraph 49C(4)(a)
Omit “referred to in subsection (2)”.
8 Paragraph 49D(f)
Omit “1 July 2001”, substitute “the applicable
cut-off date”.
9 Paragraph 49H(2)(b)
Omit “1 July 2001”, substitute “the applicable
cut-off date”.
10 Subsection 49J(1) (method
statement)
Omit “the day on which the transfer was completed” (wherever
occurring), substitute “the applicable completion day”.
11 Subsection 49J(5)
Insert:
applicable completion day, in relation to a transfer, means
the earlier of:
(a) the day on which the transfer was completed; and
(b) 30 June 2001.
12 Subsection 49J(5) (paragraph (b) of the
definition of operative day)
Omit “the day on which the transfer of the person’s qualifying
interest in the farm or farms was completed”, substitute “the
applicable completion day in relation to the transfer of the person’s
qualifying interest in the farm or farms”.
13 At the end of Division 8 of
Part IIIB
Add:
(1) If:
(a) apart from this subsection, an amount would have become payable under
this Act to a person in respect of a period; and
(b) the amount would not have become payable if Subdivisions 1 to 5
of this Division had not been amended by the Social Security and
Veterans’ Entitlements Legislation Amendment (Retirement Assistance for
Farmers) Act 2001; and
(c) the person has been paid an ex gratia payment from the Commonwealth in
respect of that period;
the amount mentioned in paragraph (a) is not payable to the
person.
(2) If:
(a) apart from this subsection, an amount would have become payable under
this Act to a person in respect of a period; and
(b) the amount exceeds the amount that would have been payable if
Subdivisions 1 to 5 of this Division had not been amended by the Social
Security and Veterans’ Entitlements Legislation Amendment (Retirement
Assistance for Farmers) Act 2001; and
(c) the person has been paid an ex gratia payment from the Commonwealth in
respect of that period;
the amount mentioned in paragraph (a) is reduced by the amount of the
excess.