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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
(Seasonal Worker Incentives for
Jobseekers) Bill 2017
No. , 2017
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2017
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Social Security Act 1991
3
Part 2--Other amendments
6
Farm Household Support Act 2014
6
Veterans' Entitlements Act 1986
6
Part 3--Repeals
7
Farm Household Support Act 2014
7
Social Security Act 1991
7
Veterans' Entitlements Act 1986
8
No. , 2017
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Social Services Legislation Amendment (Seasonal
5
Worker Incentives for Jobseekers) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
No. , 2017
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,
Parts 1 and 2
1 July 2017.
1 July 2017
3. Schedule 1,
Part 3
1 July 2020.
1 July 2020
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.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Social Security Act 1991
3
1 Subsection 8(1) (note 3 at the end of the definition of
4
ordinary income)
5
After "1072 and 1073 (ordinary income concept),", insert
6
"section 1073K (seasonal horticultural work income exemption),".
7
2 After paragraph 8(8)(s)
8
Insert:
9
(sa) a payment made by, or on behalf of, the Commonwealth and
10
known as the seasonal work living away and travel
11
allowance;
12
3 After subsection 541(3)
13
Insert:
14
(3A) Paragraph (3)(b) does not apply to a person:
15
(a) if the full-time paid work is qualifying seasonal horticultural
16
work (within the meaning of subsection 1073K(6)); and
17
(b) while ordinary income earned, derived or received by the
18
person from that work is being disregarded under
19
subsection 1073K(2).
20
4 Point 1067G-H1 (after paragraph (a) of note 2)
21
Insert:
22
(aa) the seasonal horticultural work income exemption
23
(section 1073K);
24
5 Point 1068-G1 (note 3)
25
After:
26
•
the general concept of ordinary income (sections 1072 and 1073);
27
insert:
28
•
the seasonal horticultural work income exemption
29
(section 1073K);
30
Schedule 1 Amendments
Part 1 Main amendments
4
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
No. , 2017
6 Section 1072 (note 2)
1
After "section 1073AA (work bonus),", insert "section 1073K (seasonal
2
horticultural work income exemption),".
3
7 After Division 1AB of Part 3.10
4
Insert:
5
Division 1AC--Seasonal horticultural work income
6
exemption
7
1073K Seasonal horticultural work income exemption
8
(1) This section applies to a person if the Secretary is satisfied that on
9
a day (the placement day) in the 2017-18 or 2018-19 financial year
10
the person is placed in qualifying seasonal horticultural work under
11
the program established by the Commonwealth and known as the
12
"Seasonal Horticultural Work program".
13
Note:
For qualifying seasonal horticultural work, see subsection (6).
14
(2) For the purposes of working out the rate of a qualifying payment
15
for the person, disregard the first $5,000 of any ordinary income
16
earned, derived or received by the person from undertaking that
17
work under that program during the period:
18
(a) beginning on the first day (the reference day) of the person's
19
instalment period that includes the placement day; and
20
(b) if this section applies to the person in the 2017-18 financial
21
year--ending at the end of the earlier of the following days:
22
(i) the last day of the 12-month period beginning on the
23
reference day;
24
(ii) if this section applies to the person in the 2018-19
25
financial year--the day before this section so applies;
26
and
27
(c) if this section applies to the person in the 2018-19 financial
28
year--ending at the end of the last day of the 12-month
29
period beginning on the reference day.
30
Note:
For qualifying payment, see subsection (5).
31
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
5
(3) If an amount of ordinary income is disregarded in relation to the
1
person under subsection (2), that amount is also disregarded in
2
relation to the person's partner (if any) for the purposes of this Act.
3
(4) This section applies to a person only once in relation to the
4
2017-18 or 2018-19 financial year, being the first occasion for
5
which subsection (1) is satisfied in relation to that financial year.
6
Qualifying payments
7
(5) For the purposes of this section, a qualifying payment is:
8
(a) newstart allowance; or
9
(b) youth allowance, where neither section 540AA (about new
10
apprentices) nor paragraph 541(1)(a) (about full-time study)
11
applies.
12
Qualifying seasonal horticultural work
13
(6) For the purposes of this section, qualifying seasonal horticultural
14
work is seasonal work of a kind determined in an instrument under
15
subsection (7).
16
Note:
For seasonal work, see section 16A.
17
(7) The Employment Secretary may, by legislative instrument,
18
determine kinds of seasonal work for the purposes of
19
subsection (6).
20
Schedule 1 Amendments
Part 2 Other amendments
6
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
No. , 2017
Part 2--Other amendments
1
Farm Household Support Act 2014
2
8 After paragraph 94(m)
3
Insert:
4
(ma) section 1073K (seasonal horticultural work income
5
exemption);
6
Veterans' Entitlements Act 1986
7
9 After paragraph 5H(8)(he)
8
Insert:
9
(hf) an amount of ordinary income (within the meaning of the
10
Social Security Act 1991) that is disregarded under
11
subsection 1073K(2) of that Act;
12
(hg) a payment made by, or on behalf of, the Commonwealth and
13
known as the seasonal work living away and travel
14
allowance;
15
Amendments Schedule 1
Repeals Part 3
No. , 2017
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
7
Part 3--Repeals
1
Farm Household Support Act 2014
2
10 Paragraph 94(ma)
3
Repeal the paragraph.
4
Social Security Act 1991
5
11 Subsection 8(1) (note 3 at the end of the definition of
6
ordinary income)
7
Omit "section 1073K (seasonal horticultural work income exemption),".
8
12 Paragraph 8(8)(sa)
9
Repeal the paragraph.
10
13 Subsection 541(3A)
11
Repeal the subsection.
12
14 Point 1067G-H1 (paragraph (aa) of note 2)
13
Repeal the paragraph.
14
15 Point 1068-G1 (note 3)
15
Omit:
16
•
the seasonal horticultural work income exemption
17
(section 1073K);
18
16 Section 1072 (note 2)
19
Omit "section 1073K (seasonal horticultural work income exemption),".
20
17 Division 1AC of Part 3.10
21
Repeal the Division.
22
Schedule 1 Amendments
Part 3 Repeals
8
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
No. , 2017
Veterans' Entitlements Act 1986
1
18 Paragraphs 5H(8)(hf) and (hg)
2
Repeal the paragraphs.
3