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.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Family Assistance Alignment and Other
Measures) Bill 2016
No. , 2016
(Social Services)
A Bill for an Act to amend the law relating to
family assistance and social security, and for
related purposes
No. , 2016
Social Services Legislation Amendment (Family Assistance Alignment
and Other Measures) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
3
A New Tax System (Family Assistance) (Administration) Act 1999
3
Social Services Legislation Amendment (Miscellaneous Measures) Act
2016
6
Schedule 2--Contingent amendments
8
A New Tax System (Family Assistance) (Administration) Act 1999
8
Schedule 3--Other amendments
9
Social Security Act 1991
9
No. , 2016
Social Services Legislation Amendment (Family Assistance Alignment
and Other Measures) Bill 2016
1
A Bill for an Act to amend the law relating to
1
family assistance and social security, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Social Services Legislation Amendment (Family
6
Assistance Alignment and Other Measures) Act 2016.
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 Services Legislation Amendment (Family Assistance Alignment
and Other Measures) Bill 2016
No. , 2016
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
3. Schedule 2
At the same time as Part 3 of Schedule 3 to
the Social Services Legislation Amendment
(Family Payments Structural Reform and
Participation Measures) Act 2016
commences.
However, the provisions do not commence
at all if that Part does not commence.
4. Schedule 3
Immediately after the commencement of
Part 3 of Schedule 1 to the Social Services
Legislation Amendment (More Generous
Means Testing for Youth Payments) Act
2015.
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
Main amendments Schedule 1
No. , 2016
Social Services Legislation Amendment (Family Assistance Alignment
and Other Measures) Bill 2016
3
Schedule 1--Main amendments
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 Subsection 107(1)
5
Omit "subsections (1A), (3A), (3B), (3C) and (3D)", substitute
6
"subsection (1AA)".
7
2 Subsection 107(1)
8
Omit all the words after "date of effect of the review decision",
9
substitute "is the first day of the period to which the original decision
10
relates".
11
3 After subsection 107(1)
12
Insert:
13
(1AA) If:
14
(a) paragraphs (1)(a), (b), (c) and (d) apply; and
15
(b) the first day of the period to which the original decision
16
relates is earlier than the first day (the cut-off day) of the
17
income year before the income year in which the review
18
decision was made;
19
then, despite subsection (1), the person cannot be paid any
20
entitlement created or increased as mentioned in paragraph (1)(c)
21
(including as a result of taking into account the FTB Part A
22
supplement or the FTB Part B supplement) in relation to any day
23
earlier than the cut-off day.
24
4 Subsection 107(1A)
25
Omit "Subsection (1) does not limit the date of effect of a review
26
decision, in respect of an original decision that relates to the payment to
27
a person of family tax benefit by instalment,", substitute
28
"Subsection (1AA) does not apply".
29
Schedule 1 Main amendments
4
Social Services Legislation Amendment (Family Assistance Alignment
and Other Measures) Bill 2016
No. , 2016
5 Subsections 107(3A), (3B), (3C) and (3D)
1
Omit "Subsection (1) does not limit the date of effect of a review
2
decision, in respect of an original decision that relates to the payment to
3
a person of family tax benefit by instalment,", substitute
4
"Subsection (1AA) does not apply".
5
6 Subsection 109E(1)
6
Omit all the words after "date of effect of the review decision",
7
substitute "is the first day of the period to which the original decision
8
relates".
9
7 After subsection 109E(2)
10
Insert:
11
(2AA) If:
12
(a) paragraphs (1)(a), (b), (c) and (d) apply; and
13
(b) the first day of the period to which the original decision
14
relates is earlier than the first day (the cut-off day) of the
15
income year before the income year in which the application
16
referred to in paragraph (1)(b) was made;
17
then, despite subsection (1), the person cannot be paid any
18
entitlement created or increased as mentioned in paragraph (1)(d)
19
(including as a result of taking into account the FTB Part A
20
supplement or the FTB Part B supplement) in relation to any day
21
earlier than the cut-off day.
22
8 Subsection 109E(2A)
23
Omit "Subsection (1) does not limit the date of effect of", substitute
24
"Subsection (2AA) does not apply in relation to".
25
9 After paragraph 109E(2A)(a)
26
Insert:
27
(aa) the original decision is not a decision made under
28
subsection 105(4) (including because of the operation of
29
section 105A) or 109A(2); and
30
Main amendments Schedule 1
No. , 2016
Social Services Legislation Amendment (Family Assistance Alignment
and Other Measures) Bill 2016
5
10 Subsection 109E(3)
1
Omit "Subsection (1) does not limit the date of effect of", substitute
2
"Subsection (2AA) does not apply in relation to".
3
11 Subsection 125(1)
4
Omit all the words after "date of effect of the decision of the AAT",
5
substitute "is the first day of the period to which the original decision
6
relates".
7
12 At the end of section 125
8
Add:
9
(3) If:
10
(a) paragraphs (1)(a), (b), (c) and (d) apply; and
11
(b) the first day of the period to which the original decision
12
relates is earlier than the first day (the cut-off day) of the
13
income year before the income year in which the application
14
referred to in paragraph (1)(b) was made;
15
then, despite subsection (1), the person cannot be paid any
16
entitlement created or increased as mentioned in paragraph (1)(d)
17
(including as a result of taking into account the FTB Part A
18
supplement or the FTB Part B supplement) in relation to any day
19
earlier than the cut-off day.
20
13 Application provisions
21
Secretary initiated review
22
(1)
The amendments made by items 1, 2, 3 and 5 apply in relation to a
23
review decision made on or after the commencement of this Schedule,
24
where the original decision (referred to in paragraph 107(1)(a) of the A
25
New Tax System (Family Assistance) (Administration) Act 1999) related
26
to the payment of family tax benefit by instalment for a period that
27
consists of, or is included in, the 2012-13 income year or a later income
28
year.
29
(2)
The amendment made by item 4 applies in relation to a review decision
30
made on or after the commencement of this Schedule, where the
31
original decision (referred to in paragraph 107(1)(a) of the A New Tax
32
System (Family Assistance) (Administration) Act 1999) related to the
33
Schedule 1 Main amendments
6
Social Services Legislation Amendment (Family Assistance Alignment
and Other Measures) Bill 2016
No. , 2016
payment of family tax benefit by instalment for a same-rate benefit
1
period that consists of, or is included in, the 2015-16 income year or a
2
later income year.
3
Applicant initiated review
4
(3)
The amendments made by items 6, 7 and 10 apply in relation to a
5
review decision made on or after the commencement of this Schedule,
6
where the original decision (referred to in paragraph 109E(1)(a) of the A
7
New Tax System (Family Assistance) (Administration) Act 1999) related
8
to the payment of family tax benefit by instalment for a period that
9
consists of, or is included in, the 2012-13 income year or a later income
10
year.
11
(4)
The amendments made by items 8 and 9 apply in relation to a review
12
decision made on or after the commencement of this Schedule, where
13
the original decision (referred to in paragraph 109E(1)(a) of the A New
14
Tax System (Family Assistance) (Administration) Act 1999) related to
15
the payment of family tax benefit by instalment for a same-rate benefit
16
period that consists of, or is included in, the 2015-16 income year or a
17
later income year.
18
Review by Administrative Appeals Tribunal
19
(5)
The amendments made by items 11 and 12 apply in relation to a
20
decision of the Administrative Appeals Tribunal made on or after the
21
commencement of this Schedule, where the original decision (referred
22
to in paragraph 125(1)(a) of the A New Tax System (Family Assistance)
23
(Administration) Act 1999) related to the payment of family tax benefit
24
by instalment for a period that consists of, or is included in, the 2012-13
25
income year or a later income year.
26
Social Services Legislation Amendment (Miscellaneous
27
Measures) Act 2016
28
14 Subitem 21(3) of Schedule 2
29
Omit "items 13 to 20", substitute "items 13 and 15 to 20".
30
15 At the end of item 21 of Schedule 2
31
Add:
32
Main amendments Schedule 1
No. , 2016
Social Services Legislation Amendment (Family Assistance Alignment
and Other Measures) Bill 2016
7
(4)
The amendment made by item 14 applies in relation to:
1
(a) a review decision made on or after the commencement of this
2
Schedule and before the commencement of Schedule 1 to the
3
Social Services Legislation Amendment (Family Assistance
4
Alignment and Other Measures) Act 2016, where the original
5
decision related to the payment of family tax benefit by
6
instalment for a same-rate benefit period that consists of, or is
7
included in, the income year in which this Schedule
8
commences or a later income year; and
9
(b) a review decision made on or after the commencement of
10
Schedule 1 to the Social Services Legislation Amendment
11
(Family Assistance Alignment and Other Measures) Act
12
2016, where the original decision related to the payment of
13
family tax benefit by instalment for a same-rate benefit
14
period that consists of, or is included in, the 2012-13 income
15
year or a later income year.
16
Schedule 2 Contingent amendments
8
Social Services Legislation Amendment (Family Assistance Alignment
and Other Measures) Bill 2016
No. , 2016
Schedule 2--Contingent amendments
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 Subsection 107(1AA)
5
Omit "(including as a result of taking into account the FTB Part A
6
supplement or the FTB Part B supplement)".
7
2 Subsection 109E(2AA)
8
Omit "(including as a result of taking into account the FTB Part A
9
supplement or the FTB Part B supplement)".
10
3 Paragraph 109E(2A)(aa)
11
Omit "(including because of the operation of section 105A)".
12
4 Subsection 125(3)
13
Omit "(including as a result of taking into account the FTB Part A
14
supplement or the FTB Part B supplement)".
15
5 Saving provisions
16
(1)
Despite the amendments of sections 107 and 109E of the A New Tax
17
System (Family Assistance) (Administration) Act 1999 made by this
18
Schedule, those sections, as in force immediately before the
19
commencement of this item, continue to apply on and after that
20
commencement in relation to review decisions made before, on or after
21
that commencement.
22
(2)
Despite the amendment of subsection 125(3) of the A New Tax System
23
(Family Assistance) (Administration) Act 1999 made by this Schedule,
24
that subsection, as in force immediately before the commencement of
25
this item, continues to apply on and after that commencement in relation
26
to decisions of the AAT made before, on or after that commencement.
27
Other amendments Schedule 3
No. , 2016
Social Services Legislation Amendment (Family Assistance Alignment
and Other Measures) Bill 2016
9
Schedule 3--Other amendments
1
2
Social Security Act 1991
3
1 Point 1067G-E1 (method statement, at the end of step 1)
4
Add "and then dividing the result by 26".
5
2 Application provision
6
The amendment made by this Schedule applies in relation to working
7
out rates of youth allowance for days on or after 1 January 2017.
8