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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Relieving Domestic Violence Victims of
Debt) Bill 2017
No. , 2017
(Mr Wilkie)
A Bill for an Act to amend the law relating to
family assistance and social security to allow the
debts of people affected by domestic or family
violence to be waived, and for related purposes
No. , 2017
Social Services Legislation Amendment (Relieving Domestic Violence
Victims of Debt) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
A New Tax System (Family Assistance) (Administration) Act 1999
3
Social Security Act 1991
3
No. , 2017
Social Services Legislation Amendment (Relieving Domestic Violence
Victims of Debt) Bill 2017
1
A Bill for an Act to amend the law relating to
1
family assistance and social security to allow the
2
debts of people affected by domestic or family
3
violence to be waived, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Social Services Legislation Amendment (Relieving
7
Domestic Violence Victims of Debt) Act 2017.
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 (Relieving Domestic Violence
Victims of Debt) Bill 2017
No. , 2017
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. The whole of
this Act
The 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
No. , 2017
Social Services Legislation Amendment (Relieving Domestic Violence
Victims of Debt) Bill 2017
3
Schedule 1--Amendments
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 After section 101
5
Insert:
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101A Waiver in cases of domestic or family violence
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The Secretary may waive the right to recover all or part of a debt if
8
the Secretary is satisfied that:
9
(a) the debtor is unable to repay the debt because the debtor is
10
being, or has been, subjected to domestic or family violence;
11
or
12
(b) if the debt results wholly or partly from the debtor:
13
(i) making a false statement or a false representation; or
14
(ii) failing or omitting to comply with a provision of the
15
family assistance law;
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that conduct is the result of the debtor being, or having been,
17
subjected to domestic or family violence.
18
Social Security Act 1991
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2 After section 1237AAE
20
Insert:
21
1237AAF Waiver in cases of domestic or family violence
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The Secretary may waive the right to recover all or part of a debt if
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the Secretary is satisfied that:
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(a) the debtor is unable to repay the debt because the debtor is
25
being, or has been, subjected to domestic or family violence;
26
or
27
(b) if the debt results wholly or partly from the debtor:
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(i) making a false statement or a false representation; or
29
Schedule 1 Amendments
4
Social Services Legislation Amendment (Relieving Domestic Violence
Victims of Debt) Bill 2017
No. , 2017
(ii) failing or omitting to comply with a provision of this
1
Act, the Administration Act or the 1947;
2
that conduct is the result of the debtor being, or having been,
3
subjected to domestic or family violence.
4
3 Application
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An amendment made by an item of this Schedule applies to a debt
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incurred before, on or after the commencement of the item.
7