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2002-2003
THE
PARLIAMENT OF THE COMMONWEALTH
OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
AGE DISCRIMINATION BILL
2003
SUPPLEMENTARY EXPLANATORY
MEMORANDUM
Amendments to be Moved on Behalf of the
Government
(Circulated by authority of the Attorney-General,
the
Honourable Daryl Williams AM QC MP)
The Bill was introduced on 26 June 2003. The Government amendments to
the Bill are intended to ensure continued operation of existing Commonwealth
programs and policies relating to health and family and community
services.
The amendments to clause 41 of the Bill are intended to make
clear that decisions made in accordance with certain disallowable instruments
made under Commonwealth Acts are not made unlawful.
The amendment to
clause 42 of the Bill amends the definition of ‘exempted health
program’ to make clear that certain existing health programs are not made
unlawful.
These Government amendments are budget neutral.
1. There is a new subclause (2A), which provides that Part 4 does not make unlawful anything done in direct compliance with a determination in force under subparagraph 169(1)(a)(i) of the A New Tax System (Family Assistance) (Administration) Act 1999.
2. There is a new subclause (3A), which provides that Part 4 does not make unlawful anything done in direct compliance with a determination in force under subparagraph 209(1)(a)(i) of the Social Security (Administration) Act 1999.
3. Clause 42 defines ‘exempted health programs’ and provides that such programs and things done in accordance with such programs are not unlawful. The amended definition of ‘exempted health program’ makes clear that cost is a consideration that may be taken into account under exempted health programs.
4. It also makes clear that the definition may cover programs provided to an age group on the basis of evidence relating only to that age group where no comparable data relating to other age groups is available.
5. Finally, it makes clear that the definition may cover programs based on evidence reasonably available from time to time. The definition currently requires the program to be based on evidence available at the time the program was actually established.
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