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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(No Jab, No Pay) Bill 2015
No. , 2015
(Social Services)
A Bill for an Act to amend the law relating to
family assistance, and for related purposes
No. , 2015
Social Services Legislation Amendment (No Jab, No Pay) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
A New Tax System (Family Assistance) Act 1999
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No. , 2015
Social Services Legislation Amendment (No Jab, No Pay) Bill 2015
1
A Bill for an Act to amend the law relating to
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family assistance, and for related purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Social Services Legislation
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Amendment (No Jab, No Pay) Act 2015.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
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according to its terms.
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12
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Social Services Legislation Amendment (No Jab, No Pay) Bill 2015
No. , 2015
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
1 January 2016.
1 January 2016
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendments Schedule 1
No. , 2015
Social Services Legislation Amendment (No Jab, No Pay) Bill 2015
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Schedule 1
--Amendments
1
2
A New Tax System (Family Assistance) Act 1999
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1 Subsection 3(1) (definition of conscientious objection)
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Repeal the definition.
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2 Subsection 3(1)
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Insert:
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general practitioner has the same meaning as in the Health
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Insurance Act 1973.
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3 Section 5
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Repeal the section.
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4 Subsections 6(3) to (8)
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Repeal the subsections, substitute:
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Medical contraindication, natural immunity and vaccine study
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(3) The child meets the immunisation requirements if:
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(a) a general practitioner has certified in writing that the
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immunisation of the child would be medically
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contraindicated under the specifications set out in the
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Australian Immunisation Handbook; or
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(b) a general practitioner has certified in writing that the child
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does not require immunisation because the child has
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contracted a disease or diseases and as a result has developed
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a natural immunity; or
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(c) the child is a participant in a vaccine study approved by a
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Human Research Ethics Committee registered with the
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National Health and Medical Research Council.
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Temporary unavailability of vaccine
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(4) The child meets the immunisation requirements if:
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(a) the child has not received a vaccination at a particular age;
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and
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Schedule 1 Amendments
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Social Services Legislation Amendment (No Jab, No Pay) Bill 2015
No. , 2015
(b) the person who occupies, or is acting in, the position of
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Commonwealth Chief Medical Officer has certified in
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writing that the vaccine for that vaccination is, or all of the
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vaccines for that vaccination are, temporarily unavailable;
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and
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(c) if that vaccine, or one of those vaccines, had been available,
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the Secretary is satisfied that the child would have been
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immunised; and
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(d) that vaccine has not, or none of those vaccines have, become
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available.
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Child vaccinated overseas
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(5) The child meets the immunisation requirements if:
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(a) the child has received one or more vaccinations while outside
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Australia; and
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(b) a recognised immunisation provider has certified in writing
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that those vaccinations have provided the child with the same
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level of immunisation that the child would have acquired if
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the child had been vaccinated in accordance with a standard
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vaccination schedule, or a catch up vaccination schedule,
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determined under section 4; and
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(c) the child has received, whether in or outside Australia, all the
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other vaccinations in accordance with a standard vaccination
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schedule, or a catch up vaccination schedule, determined
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under section 4.
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Secretary's decision
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(6) The child meets the immunisation requirements if the Secretary
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determines in writing that the child meets the immunisation
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requirements.
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(7) In making a determination under subsection (6), the Secretary must
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comply with any decision-making principles set out in a legislative
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instrument made by the Minister for the purposes of this
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subsection.
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5 Section 7
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Repeal the section.
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Amendments Schedule 1
No. , 2015
Social Services Legislation Amendment (No Jab, No Pay) Bill 2015
5
6 Paragraph 42(1)(c)
1
Omit "under 7 and born on or after 1 January 1996", substitute "under
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20".
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7 After subsection 42(1)
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Insert:
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(1AA) Subparagraphs (1)(c)(ii) and (iii) do not apply in relation to an
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individual in connection with the Secretary determining a claim by
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the individual for payment of child care benefit by fee reduction
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for care provided by an approved child care service.
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8 Subsection 44(2)
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Omit "under 7 and is born on or after 1 January 1996", substitute "under
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20".
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9 Subsection 45(2)
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Repeal the subsection, substitute:
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Requirement relating to immunisation referred to in
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paragraph (1)(g)
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(2) For the purposes of paragraph (1)(g), the requirement relating to
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immunisation is that, if the child is under 20, the child must meet
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the immunisation requirements set out in section 6.
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10 At the end of subsection 47(1)
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Add:
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; and (c) the child meets the immunisation requirements set out in
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section 6.
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11 Subsection 61B(1)
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After "in an income year", insert "(the current income year)".
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12 Paragraph 61B(1)(a)
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Repeal the paragraph, substitute:
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(a) the income year is:
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(i) the income year in which the FTB child turned 1; or
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(ii) any later income year; and
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Schedule 1 Amendments
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Social Services Legislation Amendment (No Jab, No Pay) Bill 2015
No. , 2015
13 Subsection 61B(2)
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After "in an income year", insert "(the current income year)".
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14 Paragraph 61B(2)(a)
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Repeal the paragraph, substitute:
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(a) the income year is:
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(i) the income year in which the FTB child turned 1; or
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(ii) any later income year; and
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15 Paragraph 61B(3)(a)
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Omit "income year in which the FTB child turned 1, 2 or 5 (as the case
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requires)", substitute "current income year".
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16 Subparagraph 61B(3A)(a)(iii)
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Omit "income year in which the FTB child turned 1, 2 or 5 (as the case
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requires)", substitute "current income year".
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17 Paragraph 61B(3A)(b)
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Omit "income year in which the FTB child turned 1, 2 or 5 (as the case
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requires)", substitute "current income year".
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18 Paragraph 61B(4)(a)
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Omit "income year in which the FTB child turned 1, 2 or 5 (as the case
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requires)", substitute "current income year".
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19 Application and transitional provisions
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(1)
The amendments made by this Schedule apply:
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(a) in relation to working out whether FTB Part A supplement is
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to be added, in working out an individual's Part A rate of
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family tax benefit, for a day on or after the commencement of
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this item; and
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(b) in relation to working out whether an individual, or an
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approved child care service, is eligible for child care benefit
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for care provided to a child on a day on or after the
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commencement of this item.
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(2)
A certification mentioned in subsection 6(5) or (6) of the A New Tax
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System (Family Assistance) Act 1999 (as in force immediately before
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the commencement of this item) that had effect immediately before that
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Amendments Schedule 1
No. , 2015
Social Services Legislation Amendment (No Jab, No Pay) Bill 2015
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commencement is taken, on and after that commencement, to be a
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certification of a general practitioner for the purposes of
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paragraph 6(3)(a) or (b) of that Act (as amended by this Act), as the
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case requires.
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(3)
Sections 6 and 7 of the A New Tax System (Family Assistance) Act
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1999, as in force immediately before the commencement of this item,
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do not apply on or after that commencement in relation to days before
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that commencement.
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Note:
Subitem (3) means, for example, that on or after the commencement of this item, an
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individual cannot make a declaration under section 6 of that Act that he or she has a
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conscientious objection to a child being immunised.
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