Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Definitions
In this Schedule:
commencement day means 26 March 2023.
new law means the PPL Act, as amended by Schedule 1 to this Act.
old law means all of the following, as in force immediately before the commencement day:
(a) the PPL Act;
(b) instruments (whether legislative or administrative) made under the PPL Act;
(c) the Acts amended by Schedule 2 to this Act.
PPL Act means the Paid Parental Leave Act 2010 .
transition period means the period that starts on 26 March 2023 and ends on 30 June 2023.
2 Application of amendments to claims
Pre-commencement claim--child born before commencement
(1) Despite the amendments made by this Act, the old law continues to apply on and after the commencement day in relation to a claim for parental leave pay or dad and partner pay for a child if:
(a) the claim was made before the commencement day; and
(b) the child was born before that day.
Pre-commencement claim--unborn child with expected date of birth before 1 July 2023
(2) Despite the amendments made by this Act, the old law continues to apply on and after the commencement day in relation to a claim for parental leave pay or dad and partner pay for a child if:
(a) the claim was made before the commencement day; and
(b) the child was not born at the time of the claim; and
(c) the expected date of birth of the child is before 1 July 2023.
(3) However, if on 1 July 2023 a child in respect of whom a claim referred to in subitem (2) has been made has not been born, then on and after that day the claim is taken to be a claim for parental leave pay under the new law, and the new law applies in relation to the claim on and after that day.
Transition period claim--child born before claim is made
(4) Despite the amendments made by this Act, a claim for parental leave pay or dad and partner pay for a child may be made during the transition period in relation to a child born before 1 July 2023, and the old law continues to apply to the claim as if those amendments had not been made.
Transition period claim--unborn child with expected date of birth before 1 July 2023
(5) Despite the amendments made by this Act, a claim for parental leave pay or dad and partner pay for a child may be made during the transition period, and the old law continues to apply to the claim as if those amendments had not been made, if:
(a) the child has not been born at the time of the claim; and
(b) the expected date of birth of the child is before 1 July 2023.
(6) However, if on 1 July 2023 a child in respect of whom a claim referred to in subitem (5) has been made has not been born, then on and after that day the claim is taken to be a claim for parental leave pay under the new law, and the new law applies in relation to the claim on and after that day.
Transition period claim--unborn child with expected date of birth on or after 1 July 2023
(7) The new law applies in relation to a claim for parental leave pay made during the transition period for a child if:
(a) the child has not been born at the time of the claim; and
(b) the expected date of birth of the child is on or after 1 July 2023.
(8) Despite section 54 of the PPL Act, as amended by Schedule 1 to this Act, until the earlier of the date of birth of the child and 1 July 2023, a claim referred to in subitem (7) may be made only by the following persons:
(a) the birth mother of the child;
(b) an adoptive parent of the child, if no payability determination that parental leave pay for the child is payable has previously been made in respect of another person.
(9) However, if a child in respect of whom a claim referred to in subitem (7) has been made is born before 1 July 2023, then on and after that day the claim is taken to be a claim for parental leave pay under the old law, and the old law applies in relation to the claim on and after that day.
Post 1 July 2023 claim--child born before 1 July 2023
(10) Despite the amendments made by this Act, a claim for parental leave pay or dad and partner pay may be made on or after 1 July 2023 in relation to a child born before 1 July 2023, and the old law continues to apply to the claim as if those amendments had not been made.
Post 1 July 2023 claim--child born on or after 1 July 2023
(11) The new law applies in relation to a claim for parental leave pay made on or after 1 July 2023 for a child if:
(a) the child is born at the time of the claim; and
(b) the child was born on or after 1 July 2023.
Post 1 July 2023 claim--unborn child
(12) The new law applies in relation to a claim for parental leave pay made on or after 1 July 2023 for a child if the child has not been born at the time the claim is made.
3 Continuing application of provisions relating to qualifying work
Sections 34 and 35A to 35C of the PPL Act, as in force immediately before the commencement day, continue to apply in relation to a claim for parental leave pay for a child born on or after 1 July 2023.
4 Continuing application of other Acts
(1) The following Acts and provisions, as in force immediately before the commencement day, continue to apply in relation to payments of dad and partner pay made before, on or after the commencement day:
(a) paragraph 61AA(7)(c) of the A New Tax System (Family Assistance) Act 1999 ;
(b) the Data-matching Program (Assistance and Tax) Act 1990 ;
(c) the Social Security Act 1991 ;
(d) the Taxation Administration Act 1953 ;
(e) the Veterans' Entitlements Act 1986 .
(2) Paragraphs 35A(9)(a) and (b) of Schedule 1 of the A New Tax System (Family Assistance) Act 1999 , as in force immediately before the commencement day, continue to apply in relation to PPL periods occurring wholly or partly before, on or after the commencement day.
5 Adopted children and exceptional circumstances
The following provisions of the PPL Act, as in force on the commencement day, apply in relation to this Schedule as if it were a provision of that Act:
(a) section 275 (which deals with how that Act applies to an adopted child);
(b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances).
6 Power to request information
(1) If a person makes a claim to which this Schedule applies, the Secretary may request the person to give information or produce a document for the purposes of administering this Schedule, the PPL Act or the PPL rules.
(2) If a person refuses or fails to comply with the request, the Secretary may determine that the claim to which the request relates is taken to not be an effective claim for the purposes of Part 2-4 or 3A-4 of the PPL Act.
(3) Subsection 303(1) of the PPL Act (which deals with delegation) has effect as if this item were a provision of that Act.
7 Rules
(1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.
(2) Without limiting subitem (1), rules made under this item before 1 July 2024 may provide that provisions of any of the following have effect with any modifications prescribed by the rules:
(a) this Act;
(b) the PPL Act;
(c) the Acts amended by Schedule 2 to this Act;
(d) the PPL rules.
Those provisions then have effect as if they were so modified.
(3) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(4) This Schedule (other than subitem (3)) does not limit the rules that may be made for the purposes of subitems (1) and (2).