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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Interest Charge) Bill 2016
No. , 2016
(Social Services)
A Bill for an Act to amend the law relating to
family assistance, paid parental leave, social
security and student assistance, and for related
purposes
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
A New Tax System (Family Assistance) (Administration) Act 1999
3
Paid Parental Leave Act 2010
9
Social Security Act 1991
17
Student Assistance Act 1973
24
Veterans' Entitlements Act 1986
32
Part 2--Application, saving and transitional provisions
33
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
1
A Bill for an Act to amend the law relating to
1
family assistance, paid parental leave, social
2
security and student assistance, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Social Services Legislation
7
Amendment (Interest Charge) Act 2016.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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 this Act receives the Royal Assent.
2. Schedule 1
As follows:
(a) if this Act receives the Royal Assent
before 1 July 2016--1 July 2016;
(b) if this Act receives the Royal Assent on
or after 1 July 2016--the 28th day after
this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
3
Schedule 1--Amendments
1
Part 1--Amendments
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 After paragraph 77(1)(e)
5
Insert:
6
(ea) the effect of sections 78 and 78A; and
7
2 Subsections 77(3) and (4)
8
Repeal the subsections, substitute:
9
(3) The Secretary may give more than one notice under subsection (1)
10
in relation to a person and a debt of the person.
11
3 Sections 78 to 79A
12
Repeal the sections, substitute:
13
78 Interest charge--no repayment arrangement in effect
14
(1) If:
15
(a) a notice is given to a person under subsection 77(1) in
16
relation to a debt; and
17
(b) an amount (the unpaid amount) of the debt remains unpaid
18
at the end of the day (the due day) on which the debt is due to
19
be paid; and
20
(c) at the end of the due day, there is no arrangement in effect
21
under section 91 in relation to the debt;
22
then the person is liable to pay, by way of penalty, interest charge,
23
worked out under subsection (3), for each day in the period
24
described in subsection (2).
25
Note:
For exemptions, see sections 78D and 78E.
26
(2) The period starts at the beginning of the day after the due day and
27
ends at the end of the earlier of the following days:
28
(a) the last day at the end of which any of the following remains
29
unpaid:
30
Schedule 1 Amendments
Part 1 Amendments
4
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
(i) the unpaid amount;
1
(ii) interest charge on any of the unpaid amount;
2
(b) the day before the first day, after the due day, on which the
3
person makes a payment under an arrangement under
4
section 91 in relation to the debt.
5
(3) The interest charge for a day in the period described in
6
subsection (2) is worked out by multiplying the interest charge rate
7
for that day by the sum of so much of the following amounts as
8
remains unpaid:
9
(a) the unpaid amount;
10
(b) the interest charge from previous days.
11
Note 1:
For interest charge rate see section 78C.
12
Note 2:
The interest charge for a day is due and payable to the Commonwealth
13
at the end of that day and is a debt due to the Commonwealth: see
14
section 78B.
15
78A Interest charge--failure to comply with or termination of
16
repayment arrangement
17
(1) If:
18
(a) an arrangement is in effect under section 91 in relation to a
19
person and a debt; and
20
(b) the person fails to make a payment under the arrangement;
21
then the person is liable to pay, by way of penalty, interest charge,
22
worked out under subsection (3), for each day in the period
23
described in subsection (2).
24
Note:
For exemptions, see sections 78D and 78E.
25
(2) The period starts at the beginning of the day after the day (the due
26
day) on which the payment was required to be made under the
27
arrangement and ends at the end of the earliest of the following
28
days:
29
(a) the last day at the end of which any of the following remains
30
unpaid:
31
(i) the outstanding amount of the debt;
32
(ii) interest charge on any of the outstanding amount of the
33
debt;
34
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
5
(b) the day before the first day, after the due day, on which the
1
person has paid all the payments that have so far become due
2
and payable under the arrangement;
3
(c) the day before the day the arrangement is terminated under
4
section 91.
5
(3) The interest charge for a day in the period described in
6
subsection (2) is worked out by multiplying the interest charge rate
7
for that day by the sum of so much of the following amounts as
8
remains unpaid:
9
(a) the outstanding amount of the debt;
10
(b) the interest charge from previous days.
11
Note 1:
For interest charge rate see section 78C.
12
Note 2:
The interest charge for a day is due and payable to the Commonwealth
13
at the end of that day and is a debt due to the Commonwealth: see
14
section 78B.
15
Repayment arrangement is terminated
16
(4) If:
17
(a) an arrangement is in effect under section 91 in relation to a
18
person and a debt; and
19
(b) the arrangement is then terminated under section 91 on a day
20
(the termination day);
21
then:
22
(c) the following amounts (if any) are due and payable on the
23
14th day after the termination day:
24
(i) the outstanding amount of the debt;
25
(ii) interest charge on any of the outstanding amount of the
26
debt; and
27
(d) if, at the end of that 14th day, any of those amounts remains
28
unpaid, the person is liable to pay, by way of penalty, interest
29
charge, worked out under subsection (6), for each day in the
30
period described in subsection (5).
31
Note:
For exemptions, see sections 78D and 78E.
32
(5) The period starts at the beginning of the day after that 14th day and
33
ends at the end of the earlier of the following days:
34
(a) the last day at the end of which any of the following remains
35
unpaid:
36
Schedule 1 Amendments
Part 1 Amendments
6
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
(i) the outstanding amount of the debt;
1
(ii) interest charge on any of the outstanding amount of the
2
debt;
3
(b) the day before the first day, after that 14th day, on which the
4
person makes a payment under another arrangement under
5
section 91 in relation to the debt.
6
(6) The interest charge for a day in the period described in
7
subsection (5) is worked out by multiplying the interest charge rate
8
for that day by the sum of so much of the following amounts as
9
remains unpaid:
10
(a) the outstanding amount of the debt;
11
(b) the interest charge from previous days.
12
Note 1:
For interest charge rate see section 78C.
13
Note 2:
The interest charge for a day is due and payable to the Commonwealth
14
at the end of that day and is a debt due to the Commonwealth: see
15
section 78B.
16
78B Other rules for interest charge
17
When interest charge is due and payable
18
(1) The interest charge under section 78 or 78A for a day is due and
19
payable to the Commonwealth at the end of that day.
20
Interest charge is a debt
21
(2) The interest charge under section 78 or 78A for a day is a debt due
22
to the Commonwealth by the person.
23
Provisions that do not apply to interest charge debt
24
(3) Subsection 77(1) does not apply in relation to the debt referred to
25
in subsection (2) of this section.
26
78C What is the interest charge rate?
27
(1) For the purposes of sections 78 and 78A, the interest charge rate
28
for a day is the rate worked out by adding 7 percentage points to
29
the base interest rate for that day, and dividing that total by the
30
number of days in the calendar year.
31
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
7
(2) The base interest rate for a day depends on which quarter of the
1
year the day is in. For each day in a quarter in column 1 of the
2
table, it is the monthly average yield of 90-day Bank Accepted
3
Bills published by the Reserve Bank of Australia for the month in
4
column 2 of the table.
5
6
Base interest rate
Item
Column 1
For days in this quarter:
Column 2
the monthly average yield of 90-day Bank
Accepted Bills for this month applies:
1
1 January to 31 March
the preceding November
2
1 April to 30 June
the preceding February
3
1 July to 30 September
the preceding May
4
1 October to 31 December
the preceding August
(3) If the monthly average yield of 90-day Bank Accepted Bills for a
7
particular month in column 2 of the table in subsection (2) is not
8
published by the Reserve Bank of Australia before the beginning of
9
the relevant quarter, assume that it is the same as the last monthly
10
average yield of 90-day Bank Accepted Bills published by the
11
Reserve Bank of Australia before that month.
12
(4) The base interest rate must be rounded to the second decimal place
13
(rounding .005 upwards).
14
78D Exemption from interest charge--general
15
(1) A person is not liable to pay interest charge under section 78 or
16
78A if on the day before the start of the period in respect of which
17
the person would otherwise have been liable to pay that charge:
18
(a) the person is receiving instalments of family tax benefit; or
19
(b) the person is receiving a social security payment; or
20
(c) the person is receiving a payment of pension or allowance
21
under the Veterans' Entitlements Act 1986; or
22
(d) the person is receiving a payment of compensation (within
23
the meaning of the Military Rehabilitation and Compensation
24
Act 2004) under that Act; or
25
(e) the person is receiving instalments under the ABSTUDY
26
scheme (also known as the Aboriginal Study Assistance
27
Schedule 1 Amendments
Part 1 Amendments
8
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
Scheme) that includes an amount identified as living
1
allowance; or
2
(f) the person is receiving instalments under the Assistance for
3
Isolated Children Scheme; or
4
(g) the circumstances determined in an instrument under
5
subsection (2) apply in relation to the person.
6
(2) The Minister may, by legislative instrument, determine
7
circumstances for the purposes of paragraph (1)(g).
8
78E Exemption from interest charge--Secretary's determination
9
(1) The Secretary may determine that interest charge is not payable, or
10
is not payable in respect of a particular period, by a person on the
11
outstanding amount of a debt.
12
(2) The Secretary may make a determination under this section in
13
circumstances that include (but are not limited to) the Secretary
14
being satisfied that the person has a reasonable excuse for:
15
(a) failing to enter into an arrangement under section 91 to pay
16
the outstanding amount of the debt; or
17
(b) having entered an arrangement, failing to make a payment in
18
accordance with that arrangement.
19
(3) The determination may relate to a period before, or to a period that
20
includes a period before, the making of the determination.
21
(4) The determination may be expressed to be subject to the person
22
complying with one or more specified conditions.
23
(5) If the determination is expressed to be subject to the person
24
complying with one or more specified conditions, the Secretary
25
must give written notice of the determination to the person as soon
26
as practicable after the determination is made.
27
(6) If:
28
(a) the determination is expressed to be subject to the person
29
complying with one or more specified conditions; and
30
(b) the person contravenes a condition or conditions without
31
reasonable excuse;
32
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
9
the determination ceases to have effect from and including the day
1
on which the contravention or the earliest of the contraventions
2
occurred.
3
(7) The Secretary may cancel or vary the determination by written
4
notice given to the person.
5
78F Guidelines on interest charge provisions
6
The Minister may, by legislative instrument, determine guidelines
7
relating to the operation of the provisions of this Division dealing
8
with interest charge.
9
4 Subsection 82(3) (paragraph (a) of the definition of debt)
10
Omit "78", substitute "78B".
11
5 After subsection 91(1A)
12
Insert:
13
(1B) If a payment is required to be made under an arrangement entered
14
into under subsection (1) or (1A) before the end of a particular day,
15
the payment must be made before the end of that day.
16
Paid Parental Leave Act 2010
17
6 Section 6
18
Repeal the following definitions:
19
(a) definition of date of the further debt notice;
20
(b) definition of date of the initial debt notice;
21
(c) definition of final debt payment day;
22
(d) definition of further debt notice.
23
7 Section 6
24
Insert:
25
interest charge rate: see section 177.
26
8 Section 6 (definition of interest exemption determination)
27
Repeal the definition.
28
Schedule 1 Amendments
Part 1 Amendments
10
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
9 Section 6 (definition of penalty interest rate)
1
Repeal the definition.
2
10 Section 164
3
Omit "An administrative charge of $50 is also payable if interest is
4
charged.".
5
11 Section 165 (paragraph (a) of the note)
6
Omit "section 177", substitute "section 176".
7
12 Section 165 (paragraph (b) of the note)
8
Repeal the paragraph.
9
13 Section 173 (heading)
10
Repeal the heading, substitute:
11
173 Notices in respect of debt
12
14 Subsection 173(1) (heading)
13
Repeal the heading.
14
15 Paragraph 173(1)(a)
15
Omit "(the date of the initial debt notice)", substitute "(the date of the
16
notice)".
17
16 Paragraph 173(1)(e)
18
Omit "initial debt notice", substitute "notice".
19
17 After paragraph 173(1)(f)
20
Insert:
21
(fa) the effect of sections 174 and 175;
22
18 Subsection 173(2)
23
Omit "initial debt notice", substitute "notice".
24
19 Subsection 173(3)
25
Repeal the subsection, substitute:
26
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
11
Multiple notices
1
(3) The Secretary may give more than one notice under subsection (1)
2
in relation to a person and a debt of the person.
3
20 Sections 174 to 180
4
Repeal the sections, substitute:
5
174 Interest charge--no debt payment arrangement in effect
6
(1) If:
7
(a) a notice is given to a person under subsection 173(1) in
8
relation to a debt; and
9
(b) an amount (the unpaid amount) of the debt remains unpaid
10
at the end of the day (the due day) on which the debt is due to
11
be paid; and
12
(c) at the end of the due day, there is no debt payment
13
arrangement in effect in relation to the debt;
14
then the person is liable to pay, by way of penalty, interest charge,
15
worked out under subsection (3), for each day in the period
16
described in subsection (2).
17
Note:
For exemptions, see sections 178 and 179.
18
(2) The period starts at the beginning of the day after the due day and
19
ends at the end of the earlier of the following days:
20
(a) the last day at the end of which any of the following remains
21
unpaid:
22
(i) the unpaid amount;
23
(ii) interest charge on any of the unpaid amount;
24
(b) the day before the first day, after the due day, on which the
25
person makes a payment under a debt payment arrangement
26
in relation to the debt.
27
(3) The interest charge for a day in the period described in
28
subsection (2) is worked out by multiplying the interest charge rate
29
for that day by the sum of so much of the following amounts as
30
remains unpaid:
31
(a) the unpaid amount;
32
(b) the interest charge from previous days.
33
Note 1:
For interest charge rate see section 177.
34
Schedule 1 Amendments
Part 1 Amendments
12
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
Note 2:
The interest charge for a day is due and payable to the Commonwealth
1
at the end of that day and is a debt due to the Commonwealth: see
2
section 176.
3
175 Interest charge--failure to comply with or termination of debt
4
payment arrangement
5
(1) If:
6
(a) a debt payment arrangement is in effect in relation to a
7
person and a debt; and
8
(b) the person fails to make a payment under the arrangement;
9
then the person is liable to pay, by way of penalty, interest charge,
10
worked out under subsection (3), for each day in the period
11
described in subsection (2).
12
Note:
For exemptions, see sections 178 and 179.
13
(2) The period starts at the beginning of the day after the day (the due
14
day) on which the payment was required to be made under the
15
arrangement and ends at the end of the earliest of the following
16
days:
17
(a) the last day at the end of which any of the following remains
18
unpaid:
19
(i) the outstanding amount of the debt;
20
(ii) interest charge on any of the outstanding amount of the
21
debt;
22
(b) the day before the first day, after the due day, on which the
23
person has paid all the payments that have so far become due
24
and payable under the arrangement;
25
(c) the day before the day the arrangement is terminated under
26
section 190.
27
(3) The interest charge for a day in the period described in
28
subsection (2) is worked out by multiplying the interest charge rate
29
for that day by the sum of so much of the following amounts as
30
remains unpaid:
31
(a) the outstanding amount of the debt;
32
(b) the interest charge from previous days.
33
Note 1:
For interest charge rate see section 177.
34
Note 2:
The interest charge for a day is due and payable to the Commonwealth
35
at the end of that day and is a debt due to the Commonwealth: see
36
section 176.
37
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
13
Debt payment arrangement is terminated
1
(4) If:
2
(a) a debt payment arrangement is in effect in relation to a
3
person and a debt; and
4
(b) the arrangement is then terminated under section 190 on a
5
day (the termination day);
6
then:
7
(c) the following amounts (if any) are due and payable on the
8
14th day after the termination day:
9
(i) the outstanding amount of the debt;
10
(ii) interest charge on any of the outstanding amount of the
11
debt; and
12
(d) if, at the end of that 14th day, any of those amounts remains
13
unpaid, the person is liable to pay, by way of penalty, interest
14
charge, worked out under subsection (6), for each day in the
15
period described in subsection (5).
16
Note:
For exemptions, see sections 178 and 179.
17
(5) The period starts at the beginning of the day after that 14th day and
18
ends at the end of the earlier of the following days:
19
(a) the last day at the end of which any of the following remains
20
unpaid:
21
(i) the outstanding amount of the debt;
22
(ii) interest charge on any of the outstanding amount of the
23
debt;
24
(b) the day before the first day, after that 14th day, on which the
25
person makes a payment under another debt payment
26
arrangement in relation to the debt.
27
(6) The interest charge for a day in the period described in
28
subsection (5) is worked out by multiplying the interest charge rate
29
for that day by the sum of so much of the following amounts as
30
remains unpaid:
31
(a) the outstanding amount of the debt;
32
(b) the interest charge from previous days.
33
Note 1:
For interest charge rate see section 177.
34
Note 2:
The interest charge for a day is due and payable to the Commonwealth
35
at the end of that day and is a debt due to the Commonwealth: see
36
section 176.
37
Schedule 1 Amendments
Part 1 Amendments
14
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
176 Other rules for interest charge
1
When interest charge is due and payable
2
(1) The interest charge under section 174 or 175 for a day is due and
3
payable to the Commonwealth at the end of that day.
4
Interest charge is a debt
5
(2) The interest charge under section 174 or 175 for a day is a debt due
6
to the Commonwealth by the person.
7
Provisions that do not apply to interest charge debt
8
(3) Subsection 173(1) does not apply in relation to the debt referred to
9
in subsection (2) of this section.
10
177 What is the interest charge rate?
11
(1) The interest charge rate for a day is the rate worked out by adding
12
7 percentage points to the base interest rate for that day, and
13
dividing that total by the number of days in the calendar year.
14
(2) The base interest rate for a day depends on which quarter of the
15
year the day is in. For each day in a quarter in column 1 of the
16
table, it is the monthly average yield of 90-day Bank Accepted
17
Bills published by the Reserve Bank of Australia for the month in
18
column 2 of the table.
19
20
Base interest rate
Item
Column 1
For days in this quarter:
Column 2
the monthly average yield of 90-day Bank
Accepted Bills for this month applies:
1
1 January to 31 March
the preceding November
2
1 April to 30 June
the preceding February
3
1 July to 30 September
the preceding May
4
1 October to 31 December
the preceding August
(3) If the monthly average yield of 90-day Bank Accepted Bills for a
21
particular month in column 2 of the table in subsection (2) is not
22
published by the Reserve Bank of Australia before the beginning of
23
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
15
the relevant quarter, assume that it is the same as the last monthly
1
average yield of 90-day Bank Accepted Bills published by the
2
Reserve Bank of Australia before that month.
3
(4) The base interest rate must be rounded to the second decimal place
4
(rounding .005 upwards).
5
178 Exemption from interest charge--general
6
A person is not liable to pay interest charge under section 174 or
7
175 if on the day before the start of the period in respect of which
8
the person would otherwise have been liable to pay that charge:
9
(a) the person is receiving instalments of family tax benefit
10
(within the meaning of the A New Tax System (Family
11
Assistance) Act 1999); or
12
(b) the person is receiving a social security payment (within the
13
meaning of the Social Security Act 1991); or
14
(c) the person is receiving a payment of pension or allowance
15
under the Veterans' Entitlements Act 1986; or
16
(d) the person is receiving a payment of compensation (within
17
the meaning of the Military Rehabilitation and Compensation
18
Act 2004) under that Act; or
19
(e) the person is receiving instalments under the ABSTUDY
20
scheme (also known as the Aboriginal Study Assistance
21
Scheme) that includes an amount identified as living
22
allowance; or
23
(f) the person is receiving instalments under the Assistance for
24
Isolated Children Scheme; or
25
(g) the circumstances prescribed by the PPL rules apply in
26
relation to the person.
27
179 Exemption from interest charge--Secretary's determination
28
(1) The Secretary may determine that interest charge is not payable, or
29
is not payable in respect of a particular period, by a person on the
30
outstanding amount of a debt.
31
(2) The Secretary may make a determination under this section in
32
circumstances that include (but are not limited to) the Secretary
33
being satisfied that the person has a reasonable excuse for:
34
Schedule 1 Amendments
Part 1 Amendments
16
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
(a) failing to enter into a debt payment arrangement to pay the
1
outstanding amount of the debt; or
2
(b) having entered an arrangement, failing to make a payment in
3
accordance with that arrangement.
4
(3) The determination may relate to a period before, or to a period that
5
includes a period before, the making of the determination.
6
(4) The determination may be expressed to be subject to the person
7
complying with one or more specified conditions.
8
(5) If the determination is expressed to be subject to the person
9
complying with one or more specified conditions, the Secretary
10
must give written notice of the determination to the person as soon
11
as practicable after the determination is made.
12
(6) If:
13
(a) the determination is expressed to be subject to the person
14
complying with one or more specified conditions; and
15
(b) the person contravenes a condition or conditions without
16
reasonable excuse;
17
the determination ceases to have effect from and including the day
18
on which the contravention or the earliest of the contraventions
19
occurred.
20
(7) The Secretary may cancel or vary the determination by written
21
notice given to the person.
22
180 Guidelines on interest charge provisions
23
The PPL rules may prescribe guidelines for the operation of the
24
provisions of this Division dealing with interest charge.
25
21 Section 181 (paragraph (b) of the note)
26
Omit "sections 177, 179", substitute "sections 176".
27
22 After subsection 190(1)
28
Insert:
29
(1A) If a person is required to make a payment under a debt payment
30
arrangement before the end of a particular day, the person must
31
make that payment before the end of that day.
32
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Social Services Legislation Amendment (Interest Charge) Bill 2016
17
23 Subsection 193(1) (paragraph (b) of the note)
1
Omit "sections 177, 179", substitute "sections 176".
2
24 Subsection 194(1) (paragraph (b) of the note)
3
Omit "sections 177, 179", substitute "sections 176".
4
Social Security Act 1991
5
25 Subsection 1222(2) (table item 16)
6
Omit "1229A", substitute "1229C".
7
26 Subsection 1222(2) (table item 17)
8
Repeal the item.
9
27 Subsection 1223AA(1) (note)
10
Repeal the note.
11
28 Subsection 1224B(1) (note)
12
Repeal the note.
13
29 Section 1224C (note)
14
Repeal the note.
15
30 Subsection 1224D(1) (note)
16
Repeal the note.
17
31 After subsection 1228B(2)
18
Insert:
19
(2A) To avoid doubt, the amount added by way of penalty is part of the
20
debt.
21
32 Subsection 1228B(5)
22
Omit "section 1229A or 1229AB", substitute "section 1229C".
23
33 After paragraph 1229(1)(e)
24
Insert:
25
(ea) the effect of sections 1229A and 1229B; and
26
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Part 1 Amendments
18
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
34 Subsections 1229(3) and (4)
1
Repeal the subsections, substitute:
2
(3) The Secretary may give more than one notice under subsection (1)
3
in relation to a person and a debt of the person.
4
35 Sections 1229A to 1229C
5
Repeal the sections, substitute:
6
1229A Interest charge--no repayment arrangement in effect
7
(1) If:
8
(a) a notice is given to a person under subsection 1229(1) in
9
relation to a debt; and
10
(b) an amount (the unpaid amount) of the debt remains unpaid
11
at the end of the day (the due day) on which the debt is due to
12
be paid; and
13
(c) at the end of the due day, there is no arrangement in effect
14
under section 1234 in relation to the debt;
15
then the person is liable to pay, by way of penalty, interest charge,
16
worked out under subsection (3), for each day in the period
17
described in subsection (2).
18
Note:
For exemptions, see sections 1229E and 1229F.
19
(2) The period starts at the beginning of the day after the due day and
20
ends at the end of the earlier of the following days:
21
(a) the last day at the end of which any of the following remains
22
unpaid:
23
(i) the unpaid amount;
24
(ii) interest charge on any of the unpaid amount;
25
(b) the day before the first day, after the due day, on which the
26
person makes a payment under an arrangement under
27
section 1234 in relation to the debt.
28
(3) The interest charge for a day in the period described in
29
subsection (2) is worked out by multiplying the interest charge rate
30
for that day by the sum of so much of the following amounts as
31
remains unpaid:
32
(a) the unpaid amount;
33
(b) the interest charge from previous days.
34
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
19
Note 1:
For interest charge rate see section 1229D.
1
Note 2:
The interest charge for a day is due and payable to the Commonwealth
2
at the end of that day and is a debt due to the Commonwealth: see
3
section 1229C.
4
1229B Interest charge--failure to comply with or termination of
5
repayment arrangement
6
(1) If:
7
(a) an arrangement is in effect under section 1234 in relation to a
8
person and a debt; and
9
(b) the person fails to make a payment under the arrangement;
10
then the person is liable to pay, by way of penalty, interest charge,
11
worked out under subsection (3), for each day in the period
12
described in subsection (2).
13
Note:
For exemptions, see sections 1229E and 1229F.
14
(2) The period starts at the beginning of the day after the day (the due
15
day) on which the payment was required to be made under the
16
arrangement and ends at the end of the earliest of the following
17
days:
18
(a) the last day at the end of which any of the following remains
19
unpaid:
20
(i) the outstanding amount of the debt;
21
(ii) interest charge on any of the outstanding amount of the
22
debt;
23
(b) the day before the first day, after the due day, on which the
24
person has paid all the payments that have so far become due
25
and payable under the arrangement;
26
(c) the day before the day the arrangement is terminated under
27
section 1234.
28
(3) The interest charge for a day in the period described in
29
subsection (2) is worked out by multiplying the interest charge rate
30
for that day by the sum of so much of the following amounts as
31
remains unpaid:
32
(a) the outstanding amount of the debt;
33
(b) the interest charge from previous days.
34
Note 1:
For interest charge rate see section 1229D.
35
Schedule 1 Amendments
Part 1 Amendments
20
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
Note 2:
The interest charge for a day is due and payable to the Commonwealth
1
at the end of that day and is a debt due to the Commonwealth: see
2
section 1229C.
3
Repayment arrangement is terminated
4
(4) If:
5
(a) an arrangement is in effect under section 1234 in relation to a
6
person and a debt; and
7
(b) the arrangement is then terminated under section 1234 on a
8
day (the termination day);
9
then:
10
(c) the following amounts (if any) are due and payable on the
11
14th day after the termination day:
12
(i) the outstanding amount of the debt;
13
(ii) interest charge on any of the outstanding amount of the
14
debt; and
15
(d) if, at the end of that 14th day, any of those amounts remains
16
unpaid, the person is liable to pay, by way of penalty, interest
17
charge, worked out under subsection (6), for each day in the
18
period described in subsection (5).
19
Note:
For exemptions, see sections 1229E and 1229F.
20
(5) The period starts at the beginning of the day after that 14th day and
21
ends at the end of the earlier of the following days:
22
(a) the last day at the end of which any of the following remains
23
unpaid:
24
(i) the outstanding amount of the debt;
25
(ii) interest charge on any of the outstanding amount of the
26
debt;
27
(b) the day before the first day, after that 14th day, on which the
28
person makes a payment under another arrangement under
29
section 1234 in relation to the debt.
30
(6) The interest charge for a day in the period described in
31
subsection (5) is worked out by multiplying the interest charge rate
32
for that day by the sum of so much of the following amounts as
33
remains unpaid:
34
(a) the outstanding amount of the debt;
35
(b) the interest charge from previous days.
36
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
21
Note 1:
For interest charge rate see section 1229D.
1
Note 2:
The interest charge for a day is due and payable to the Commonwealth
2
at the end of that day and is a debt due to the Commonwealth: see
3
section 1229C.
4
1229C Other rules for interest charge
5
When interest charge is due and payable
6
(1) The interest charge under section 1229A or 1229B for a day is due
7
and payable to the Commonwealth at the end of that day.
8
Interest charge is a debt
9
(2) The interest charge under section 1229A or 1229B for a day is a
10
debt due to the Commonwealth by the person.
11
Provisions that do not apply to interest charge debt
12
(3) Subsection 1229(1) does not apply in relation to the debt referred
13
to in subsection (2) of this section.
14
1229D What is the interest charge rate?
15
(1) For the purposes of sections 1229A and 1229B, the interest charge
16
rate for a day is the rate worked out by adding 7 percentage points
17
to the base interest rate for that day, and dividing that total by the
18
number of days in the calendar year.
19
(2) The base interest rate for a day depends on which quarter of the
20
year the day is in. For each day in a quarter in column 1 of the
21
table, it is the monthly average yield of 90-day Bank Accepted
22
Bills published by the Reserve Bank of Australia for the month in
23
column 2 of the table.
24
25
Base interest rate
Item
Column 1
For days in this quarter:
Column 2
the monthly average yield of 90-day Bank
Accepted Bills for this month applies:
1
1 January to 31 March
the preceding November
2
1 April to 30 June
the preceding February
3
1 July to 30 September
the preceding May
Schedule 1 Amendments
Part 1 Amendments
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Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
Base interest rate
Item
Column 1
For days in this quarter:
Column 2
the monthly average yield of 90-day Bank
Accepted Bills for this month applies:
4
1 October to 31 December
the preceding August
(3) If the monthly average yield of 90-day Bank Accepted Bills for a
1
particular month in column 2 of the table in subsection (2) is not
2
published by the Reserve Bank of Australia before the beginning of
3
the relevant quarter, assume that it is the same as the last monthly
4
average yield of 90-day Bank Accepted Bills published by the
5
Reserve Bank of Australia before that month.
6
(4) The base interest rate must be rounded to the second decimal place
7
(rounding .005 upwards).
8
1229E Exemption from interest charge--general
9
(1) A person is not liable to pay interest charge under section 1229A or
10
1229B if on the day before the start of the period in respect of
11
which the person would otherwise have been liable to pay that
12
charge:
13
(a) the person is receiving a social security payment; or
14
(b) the person is receiving a payment of pension or allowance
15
under the Veterans' Entitlements Act; or
16
(c) the person is receiving a payment of compensation (within
17
the meaning of the Military Rehabilitation and Compensation
18
Act) under that Act; or
19
(d) the person is receiving instalments of family tax benefit; or
20
(e) the person is receiving instalments under the ABSTUDY
21
scheme (also known as the Aboriginal Study Assistance
22
Scheme) that includes an amount identified as living
23
allowance; or
24
(f) the person is receiving instalments under the Assistance for
25
Isolated Children Scheme; or
26
(g) the circumstances determined in an instrument under
27
subsection (2) apply in relation to the person.
28
(2) The Minister may, by legislative instrument, determine
29
circumstances for the purposes of paragraph (1)(g).
30
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Social Services Legislation Amendment (Interest Charge) Bill 2016
23
1229F Exemption from interest charge--Secretary's determination
1
(1) The Secretary may determine that interest charge is not payable, or
2
is not payable in respect of a particular period, by a person on the
3
outstanding amount of a debt.
4
(2) The Secretary may make a determination under this section in
5
circumstances that include (but are not limited to) the Secretary
6
being satisfied that the person has a reasonable excuse for:
7
(a) failing to enter into an arrangement under section 1234 to pay
8
the outstanding amount of the debt; or
9
(b) having entered an arrangement, failing to make a payment in
10
accordance with that arrangement.
11
(3) The determination may relate to a period before, or to a period that
12
includes a period before, the making of the determination.
13
(4) The determination may be expressed to be subject to the person
14
complying with one or more specified conditions.
15
(5) If the determination is expressed to be subject to the person
16
complying with one or more specified conditions, the Secretary
17
must give written notice of the determination to the person as soon
18
as practicable after the determination is made.
19
(6) If:
20
(a) the determination is expressed to be subject to the person
21
complying with one or more specified conditions; and
22
(b) the person contravenes a condition or conditions without
23
reasonable excuse;
24
the determination ceases to have effect from and including the day
25
on which the contravention or the earliest of the contraventions
26
occurred.
27
(7) The Secretary may cancel or vary the determination by written
28
notice given to the person.
29
1229G Guidelines on interest charge provisions
30
The Minister may, by legislative instrument, determine guidelines
31
relating to the operation of the provisions of this Part dealing with
32
interest charge.
33
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Part 1 Amendments
24
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
36 Subsection 1230(1) (note 3)
1
Repeal the note.
2
37 Subsection 1230A(1) (note 3)
3
Repeal the note.
4
38 After subsection 1234(1)
5
Insert:
6
(1A) If a person is required to make a payment under an arrangement
7
entered into under subsection (1) before the end of a particular day,
8
the person must make that payment before the end of that day.
9
Student Assistance Act 1973
10
39 Subsection 3(1) (definition of late payment charge)
11
Repeal the definition.
12
40 Section 38 (heading)
13
Repeal the heading, substitute:
14
38 Definitions
15
41 Section 38 (paragraph (c) of the definition of debt)
16
Omit "section 40", substitute "section 41B".
17
42 Section 38
18
Insert:
19
relevant debt means:
20
(a) an amount paid under the ABSTUDY Scheme (also known
21
as the Aboriginal Study Assistance Scheme) that should not
22
have been paid; or
23
(b) an amount paid under the Assistance for Isolated Children
24
Scheme that should not have been paid; or
25
(c) an ABSTUDY student start-up loan overpayment.
26
Note:
The amount in paragraph (a) or (b) is a debt under paragraph (a) of the
27
definition of debt in this section. The amount in paragraph (c) is a debt
28
under paragraph (aa) of the definition of debt in this section.
29
Amendments Schedule 1
Amendments Part 1
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Social Services Legislation Amendment (Interest Charge) Bill 2016
25
43 Sections 39A, 40 and 41
1
Repeal the sections, substitute:
2
40 Notice in respect of relevant debt
3
(1) If a relevant debt owed by a person to the Commonwealth has not
4
been wholly paid, the Secretary must give the person a notice
5
specifying:
6
(a) the date on which it was issued (the date of the notice); and
7
(b) the reason the debt was incurred, including a brief
8
explanation of the circumstances that led to the debt being
9
incurred; and
10
(c) the period to which the debt relates; and
11
(d) the outstanding amount of the debt at the date of the notice;
12
and
13
(e) the day on which the outstanding amount is due and payable;
14
and
15
(f) the effect of sections 41 and 41A; and
16
(g) that a range of options is available for repayment of the debt;
17
and
18
(h) the contact details for inquiries concerning the debt.
19
(2) The outstanding amount of the debt is due and payable on the 28th
20
day after the date of the notice.
21
(3) The Secretary may give more than one notice under subsection (1)
22
in relation to a person and a relevant debt of the person.
23
41 Interest charge--no repayment arrangement in effect
24
(1) If:
25
(a) a notice is given to a person under subsection 40(1) in
26
relation to a relevant debt; and
27
(b) an amount (the unpaid amount) of the debt remains unpaid
28
at the end of the day (the due day) on which the debt is due to
29
be paid; and
30
(c) at the end of the due day, there is no arrangement in effect
31
under section 41F in relation to the debt;
32
Schedule 1 Amendments
Part 1 Amendments
26
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
then the person is liable to pay, by way of penalty, interest charge,
1
worked out under subsection (3), for each day in the period
2
described in subsection (2).
3
Note:
For exemptions, see sections 41D and 41E.
4
(2) The period starts at the beginning of the day after the due day and
5
ends at the end of the earlier of the following days:
6
(a) the last day at the end of which any of the following remains
7
unpaid:
8
(i) the unpaid amount;
9
(ii) interest charge on any of the unpaid amount;
10
(b) the day before the first day, after the due day, on which the
11
person makes a payment under an arrangement under
12
section 41F in relation to the debt.
13
(3) The interest charge for a day in the period described in
14
subsection (2) is worked out by multiplying the interest charge rate
15
for that day by the sum of so much of the following amounts as
16
remains unpaid:
17
(a) the unpaid amount;
18
(b) the interest charge from previous days.
19
Note 1:
For interest charge rate see section 41C.
20
Note 2:
The interest charge for a day is due and payable to the Commonwealth
21
at the end of that day: see section 41B.
22
41A Interest charge--failure to comply with or termination of
23
repayment arrangement
24
(1) If:
25
(a) an arrangement is in effect under section 41F in relation to a
26
person and a relevant debt; and
27
(b) the person fails to make a payment under the arrangement;
28
then the person is liable to pay, by way of penalty, interest charge,
29
worked out under subsection (3), for each day in the period
30
described in subsection (2).
31
Note:
For exemptions, see sections 41D and 41E.
32
(2) The period starts at the beginning of the day after the day (the due
33
day) on which the payment was required to be made under the
34
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
27
arrangement and ends at the end of the earliest of the following
1
days:
2
(a) the last day at the end of which any of the following remains
3
unpaid:
4
(i) the outstanding amount of the debt;
5
(ii) interest charge on any of the outstanding amount of the
6
debt;
7
(b) the day before the first day, after the due day, on which the
8
person has paid all the payments that have so far become due
9
and payable under the arrangement;
10
(c) the day before the day the arrangement is terminated under
11
section 41F.
12
(3) The interest charge for a day in the period described in
13
subsection (2) is worked out by multiplying the interest charge rate
14
for that day by the sum of so much of the following amounts as
15
remains unpaid:
16
(a) the outstanding amount of the debt;
17
(b) the interest charge from previous days.
18
Note 1:
For interest charge rate see section 41C.
19
Note 2:
The interest charge for a day is due and payable to the Commonwealth
20
at the end of that day: see section 41B.
21
Repayment arrangement is terminated
22
(4) If:
23
(a) an arrangement is in effect under section 41F in relation to a
24
person and a relevant debt; and
25
(b) the arrangement is then terminated under section 41F on a
26
day (the termination day);
27
then:
28
(c) the following amounts (if any) are due and payable on the
29
14th day after the termination day:
30
(i) the outstanding amount of the debt;
31
(ii) interest charge on any of the outstanding amount of the
32
debt; and
33
(d) if, at the end of that 14th day, any of those amounts remains
34
unpaid, the person is liable to pay, by way of penalty, interest
35
charge, worked out under subsection (6), for each day in the
36
period described in subsection (5).
37
Schedule 1 Amendments
Part 1 Amendments
28
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
Note:
For exemptions, see sections 41D and 41E.
1
(5) The period starts at the beginning of the day after that 14th day and
2
ends at the end of the earlier of the following days:
3
(a) the last day at the end of which any of the following remains
4
unpaid:
5
(i) the outstanding amount of the debt;
6
(ii) interest charge on any of the outstanding amount of the
7
debt;
8
(b) the day before the first day, after that 14th day, on which the
9
person makes a payment under another arrangement under
10
section 41F in relation to the debt.
11
(6) The interest charge for a day in the period described in
12
subsection (5) is worked out by multiplying the interest charge rate
13
for that day by the sum of so much of the following amounts as
14
remains unpaid:
15
(a) the outstanding amount of the debt;
16
(b) the interest charge from previous days.
17
Note 1:
For interest charge rate see section 41C.
18
Note 2:
The interest charge for a day is due and payable to the Commonwealth
19
at the end of that day: see section 41B.
20
41B When interest charge becomes due and payable
21
The interest charge under section 41 or 41A for a day is due and
22
payable to the Commonwealth at the end of that day.
23
Note:
The interest charge for a day is a debt owed to the Commonwealth:
24
see section 39.
25
41C What is the interest charge rate?
26
(1) For the purposes of sections 41 and 41A, the interest charge rate
27
for a day is the rate worked out by adding 7 percentage points to
28
the base interest rate for that day, and dividing that total by the
29
number of days in the calendar year.
30
(2) The base interest rate for a day depends on which quarter of the
31
year the day is in. For each day in a quarter in column 1 of the
32
table, it is the monthly average yield of 90-day Bank Accepted
33
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
29
Bills published by the Reserve Bank of Australia for the month in
1
column 2 of the table.
2
3
Base interest rate
Item
Column 1
For days in this quarter:
Column 2
the monthly average yield of 90-day Bank
Accepted Bills for this month applies:
1
1 January to 31 March
the preceding November
2
1 April to 30 June
the preceding February
3
1 July to 30 September
the preceding May
4
1 October to 31 December
the preceding August
(3) If the monthly average yield of 90-day Bank Accepted Bills for a
4
particular month in column 2 of the table in subsection (2) is not
5
published by the Reserve Bank of Australia before the beginning of
6
the relevant quarter, assume that it is the same as the last monthly
7
average yield of 90-day Bank Accepted Bills published by the
8
Reserve Bank of Australia before that month.
9
(4) The base interest rate must be rounded to the second decimal place
10
(rounding .005 upwards).
11
41D Exemption from interest charge--general
12
(1) A person is not liable to pay interest charge under section 41 or
13
41A if on the day before the start of the period in respect of which
14
the person would otherwise have been liable to pay that charge:
15
(a) the person is receiving instalments under the ABSTUDY
16
scheme (also known as the Aboriginal Study Assistance
17
Scheme) that includes an amount identified as living
18
allowance; or
19
(b) the person is receiving instalments under the Assistance for
20
Isolated Children Scheme; or
21
(c) the person is receiving instalments of family tax benefit
22
(within the meaning of the A New Tax System (Family
23
Assistance) Act 1999); or
24
(d) the person is receiving a social security payment (within the
25
meaning of the Social Security Act 1991); or
26
(e) the person is receiving a payment of pension or allowance
27
under the Veterans' Entitlements Act 1986; or
28
Schedule 1 Amendments
Part 1 Amendments
30
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
(f) the person is receiving a payment of compensation (within
1
the meaning of the Military Rehabilitation and Compensation
2
Act 2004) under that Act; or
3
(g) the circumstances determined in an instrument under
4
subsection (2) apply in relation to the person.
5
(2) The Minister may, by legislative instrument, determine
6
circumstances for the purposes of paragraph (1)(g).
7
41E Exemption from interest charge--Secretary's determination
8
(1) The Secretary may determine that interest charge is not payable, or
9
is not payable in respect of a particular period, by a person on the
10
outstanding amount of a relevant debt.
11
(2) The Secretary may make a determination under this section in
12
circumstances that include (but are not limited to) the Secretary
13
being satisfied that the person has a reasonable excuse for:
14
(a) failing to enter into an arrangement under section 41F to pay
15
the outstanding amount of the debt; or
16
(b) having entered an arrangement, failing to make a payment in
17
accordance with that arrangement.
18
(3) The determination may relate to a period before, or to a period that
19
includes a period before, the making of the determination.
20
(4) The determination may be expressed to be subject to the person
21
complying with one or more specified conditions.
22
(5) If the determination is expressed to be subject to the person
23
complying with one or more specified conditions, the Secretary
24
must give written notice of the determination to the person as soon
25
as practicable after the determination is made.
26
(6) If:
27
(a) the determination is expressed to be subject to the person
28
complying with one or more specified conditions; and
29
(b) the person contravenes a condition or conditions without
30
reasonable excuse;
31
the determination ceases to have effect from and including the day
32
on which the contravention or the earliest of the contraventions
33
occurred.
34
Amendments Schedule 1
Amendments Part 1
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
31
(7) The Secretary may cancel or vary the determination by written
1
notice given to the person.
2
41F Arrangement for payment of relevant debt
3
(1) The Secretary may, on behalf of the Commonwealth, enter into an
4
arrangement with a person under which the person is to pay a
5
relevant debt, owed by the person to the Commonwealth, or the
6
outstanding amount of such a debt, in a way set out in the
7
arrangement.
8
(2) If a person is required to make a payment under an arrangement
9
entered into under subsection (1) before the end of a particular day,
10
the person must make that payment before the end of that day.
11
(3) An arrangement entered into under subsection (1) has effect, or is
12
taken to have had effect, on and after the day specified in the
13
arrangement as the day on which the arrangement commences
14
(whether that day is the day on which the arrangement is entered
15
into or an earlier or later day).
16
(4) If an arrangement entered into under subsection (1) does not
17
specify a day as mentioned in subsection (3), it has effect on and
18
after the day on which it is entered into.
19
(5) The Secretary may terminate or alter an arrangement entered into
20
under subsection (1):
21
(a) at the debtor's request; or
22
(b) after giving 28 days' notice to the debtor of the proposed
23
termination or alteration; or
24
(c) without notice, if the Secretary is satisfied that the person has
25
failed to disclose material information about his or her true
26
capacity to repay the debt.
27
41G Guidelines on interest charge provisions
28
The Minister may, by legislative instrument, determine guidelines
29
relating to the operation of the provisions of this Division dealing
30
with interest charge.
31
44 Paragraph 51(1)(b)
32
Omit "subsection 40(1A)", substitute "subsection 40(1)".
33
Schedule 1 Amendments
Part 1 Amendments
32
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
Veterans' Entitlements Act 1986
1
45 Section 205AAE
2
Repeal the section, substitute:
3
205AAE Penalty interest rate
4
(1) The penalty interest rate is:
5
(a) 3% per year; or
6
(b) if another percentage is determined in an instrument under
7
subsection (2)--that percentage per year.
8
(2) The Minister may, by legislative instrument, determine a
9
percentage for the purposes of paragraph (1)(b).
10
Amendments Schedule 1
Application, saving and transitional provisions Part 2
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
33
Part 2--Application, saving and transitional
1
provisions
2
46 Application and transitional provisions
--family assistance
3
amendments
4
(1)
Paragraph 78(1)(a) of the A New Tax System (Family Assistance)
5
(Administration) Act 1999, as amended by this Act, applies in relation
6
to a notice given on or after the commencement of this item (whether
7
the debt arose before, on or after that commencement).
8
(2)
If:
9
(a) before the commencement of this item, the Secretary gave a
10
person a notice under subsection 77(1) of the A New Tax
11
System (Family Assistance) (Administration) Act 1999 in
12
relation to a debt; and
13
(b) the whole or a part of that debt is outstanding immediately
14
before that commencement;
15
then, on or after the commencement of this item, the Secretary must
16
give the person another notice under subsection 77(1) of that Act, as
17
amended by this Act, in relation to the debt.
18
(3)
Paragraph 78A(1)(b) of the A New Tax System (Family Assistance)
19
(Administration) Act 1999, as amended by this Act, applies in relation
20
to a failure that occurs on or after the commencement of this item
21
(whether the arrangement was entered into before, on or after that
22
commencement).
23
(4)
Paragraph 78A(4)(b) of the A New Tax System (Family Assistance)
24
(Administration) Act 1999, as amended by this Act, applies in relation
25
to a termination that occurs on or after the commencement of this item
26
(whether the arrangement was entered into before, on or after that
27
commencement).
28
(5)
Subsection 91(1B) of the A New Tax System (Family Assistance)
29
(Administration) Act 1999, as amended by this Act, applies in relation
30
to a requirement to make a payment on or after the commencement of
31
this item (whether the arrangement was entered into before, on or after
32
that commencement).
33
Schedule 1 Amendments
Part 2 Application, saving and transitional provisions
34
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
47 Application and transitional provisions
--paid parental
1
leave amendments
2
(1)
Paragraph 174(1)(a) of the Paid Parental Leave Act 2010, as amended
3
by this Act, applies in relation to a notice given on or after the
4
commencement of this item (whether the debt arose before, on or after
5
that commencement).
6
(2)
If:
7
(a) before the commencement of this item, the Secretary gave a
8
person a notice under subsection 173(1) of the Paid Parental
9
Leave Act 2010 in relation to a debt; and
10
(b) the whole or a part of that debt is outstanding immediately
11
before that commencement;
12
then, on or after the commencement of this item, the Secretary must
13
give the person another notice under subsection 173(1) of that Act, as
14
amended by this Act, in relation to the debt.
15
(3)
Paragraph 175(1)(b) of the Paid Parental Leave Act 2010, as amended
16
by this Act, applies in relation to a failure that occurs on or after the
17
commencement of this item (whether the arrangement was entered into
18
before, on or after that commencement).
19
(4)
Paragraph 175(4)(b) of the Paid Parental Leave Act 2010, as amended
20
by this Act, applies in relation to a termination that occurs on or after
21
the commencement of this item (whether the arrangement was entered
22
into before, on or after that commencement).
23
(5)
Subsection 190(1A) of the Paid Parental Leave Act 2010, as amended
24
by this Act, applies in relation to a requirement to make a payment on
25
or after the commencement of this item (whether the arrangement was
26
entered into before, on or after that commencement).
27
48 Application and transitional provisions
--social security
28
amendments
29
(1)
Paragraph 1229A(1)(a) of the Social Security Act 1991, as amended by
30
this Act, applies in relation to a notice given on or after the
31
commencement of this item (whether the debt arose before, on or after
32
that commencement).
33
(2)
If:
34
Amendments Schedule 1
Application, saving and transitional provisions Part 2
No. , 2016
Social Services Legislation Amendment (Interest Charge) Bill 2016
35
(a) before the commencement of this item, the Secretary gave a
1
person a notice under subsection 1229(1) of the Social
2
Security Act 1991 in relation to a debt; and
3
(b) the whole or a part of that debt is outstanding immediately
4
before that commencement;
5
then, on or after the commencement of this item, the Secretary must
6
give the person another notice under subsection 1229(1) of that Act, as
7
amended by this Act, in relation to the debt.
8
(3)
Paragraph 1229B(1)(b) of the Social Security Act 1991, as amended by
9
this Act, applies in relation to a failure that occurs on or after the
10
commencement of this item (whether the arrangement was entered into
11
before, on or after that commencement).
12
(4)
Paragraph 1229B(4)(b) of the Social Security Act 1991, as amended by
13
this Act, applies in relation to a termination that occurs on or after the
14
commencement of this item (whether the arrangement was entered into
15
before, on or after that commencement).
16
(5)
Subsection 1234(1A) of the Social Security Act 1991, as amended by
17
this Act, applies in relation to a requirement to make a payment on or
18
after the commencement of this item (whether the arrangement was
19
entered into before, on or after that commencement).
20
49 Application, saving and transitional provisions
--student
21
assistance amendments
22
(1)
Sections 40 to 41G of the Student Assistance Act 1973, as amended by
23
this Act, apply in relation to:
24
(a) a relevant debt that arises on or after the commencement of
25
this item; and
26
(b) a relevant debt that arose before the commencement of this
27
item, to the extent that the debt was outstanding immediately
28
before that commencement.
29
(2)
The repeal of section 39A of the Student Assistance Act 1973 made by
30
this Schedule does not affect the validity of a decision under
31
subsection 39A(1) of that Act before the commencement of this item.
32
(3)
A decision made under subsection 39A(1) of the Student Assistance Act
33
1973 before the commencement of this item in relation to a person and
34
a debt does not prevent the application of the provisions of Division 2
35
Schedule 1 Amendments
Part 2 Application, saving and transitional provisions
36
Social Services Legislation Amendment (Interest Charge) Bill 2016
No. , 2016
of Part 6 of that Act, as amended by this Act, on and after that
1
commencement in relation to the person and the debt.
2