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SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SCHEDULE 3
SCHEDULE 3 Section 24
AMENDMENTS CONSEQUENTIAL UPON DIVISION 4 OF PART 2 1. Subsection 23(1)
(definition of "JSA automatic deferment provision"): After paragraph (a),
insert:
"(aa) subsection 542A(1) (failure to enter Job Search Activity Agreement); or
(ab) subsection 542B(1) (failure to comply with Job Search Activity
Agreement); or". After subsection 513(1): Insert:
"Note 1: A person may be treated as unemployed (see section 516).
Note 2: The activity test is set our in section 522.
Note 3: 'CES' means the Commonwealth Employment Service (see section 23).
Note 4: For 'pension age' see section 23.
Note 5: For 'Australian resident' see section 7.
Note 6: For 'allowance category' see subsection 23(4A).
Note 7: A person may not be qualified if the person's unemployment is due to
industrial action (see section 517).
Note 8: A person may not be qualified if the person has reduced the person's
employment prospects by moving to an area of lower employment prospects (see
section 518).
Note 9: Where circumstances beyond the person's control prevent the person
from being registered by the CES, this requirement may be waived (see section
520).
Note 10: A person unregistered by the CES for up to 6 weeks may be taken to be
registered (see section 520).
Note 11: A job search allowance is not payable in certain circumstances even
if the person is qualified (see Subdivisions C, D and E).
Note 12: A job search allowance may continue to be paid during incapacity (see
section 514).
Note 13: Qualification for a job search allowance may continue to the end of
last pay period (see section 515).". 3. Paragraph 518(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 4. Paragraph 519(8)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 5. Paragraph 535(4)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 6. Subparagraph 538(e)(i): Omit, substitute:
"(i) has started:
(A) formal vocational training in a labour market program
approved by the Employment Secretary; or
(B) a rehabilitation program approved by the Employment
Secretary; and". 7. Paragraph 540(4)(a): Omit,
substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 8. Paragraph 542(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 9. Paragraph 543(4A)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 10. Paragraph 547(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 11. Paragraph 548(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 12. Paragraph 549(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 13. Paragraph 550(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 14. Paragraph 597(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 15. Paragraph 598(8)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 16. At the end of section 604: Add: "(2) For the purposes
of this Part, if:
(a) a person starts to receive newstart allowance on a particular day; and
(b) immediately before that day, the person was a party to a Job Search
Activity Agreement (see sections 525A to 525C); and
(c) the period covered by the agreement ends after that day; the agreement
has effect on and after that day as if it were a Newstart Activity
Agreement.". 17. Paragraph 617(4)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 18. Subparagraph 620(f)(i): Omit, substitute:
"(i) has started:
(A) formal vocational training in a labour market program
approved by the Employment Secretary; or
(B) a rehabilitation program approved by the Employment
Secretary; and". 19. Paragraph 622(4)(a): Omit,
substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 20. Paragraph 624(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 21. Paragraph 625(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 22. Paragraph 626(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 23. Paragraph 627(4A)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 24. Paragraph 631(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 25. Paragraph 632(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 26. Paragraph 633(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 27. Paragraph 634(2)(a): Omit, substitute:
"(a) who has started:
(i) formal vocational training in a labour market program approved
by the Employment Secretary; or
(ii) a rehabilitation program approved by the Employment Secretary;
and". 28. Subsection 666(6): Omit the subsection (but not the
subsection heading). 29. Paragraphs 666(7)(a) and (b): Omit the
paragraphs, substitute:
"(a) a person who is incapacitated for work was receiving job search allowance
immediately before the person became so incapacitated; and". 30. Paragraph
666(7)(c): Omit "6", substitute "13". 31. Subsection 666(7): Omit "6" (second
occurring), substitute "13". 32. Subsection 666(7) (Note): Omit "6",
substitute "13". 33. Subsection 1245(1): Omit, substitute: "(1) Unless
otherwise stated, the provisions of this Part apply to:
(a) all decisions of an officer under this Act, including:
(i) a decision under section 525B to the extent to which it relates
to the terms of a Job Search Activity Agreement that is in
force; and
(ii) a decision under section 606 to the extent to which it relates
to the terms of a Newstart Activity Agreement that is in force;
and
(b) all decisions of an officer under the Farm Household Support Act 1992
.". 34. Section 1248: Repeal, substitute: Application requirement for
certain decisions "1248.(1) The Social Security Appeals Tribunal may
only review a decision under section 525B (to the extent to which it
relates to the terms of a Job Search Activity Agreement that is in
force) if the application is expressed to be an application for review
of that decision. "(2) The Social Security Appeals Tribunal may only
review a decision under section 606 (to the extent to which it relates
to the terms of a Newstart Activity Agreement that is in force) if the
application is expressed to be an application for review of that
decision.". 35. Paragraph 1250(1)(ca): Omit "or labour market
program", substitute ", labour market program or rehabilitation
program". 36. Subsection 1252A(1): Omit, substitute: "(1) This section
applies to:
(a) a decision to give a notice under section 525C because of a person's
failure to agree to terms of a Job Search Activity Agreement proposed
by the CES (subparagraph 525C(1)(b)(iii)); and
(b) a decision to give a notice under section 607 because of a person's
failure to agree to terms of a Newstart Activity Agreement proposed by
the CES (subparagraph 607(1)(b)(iii)).". 37. Paragraph 1252A(2)(d):
(a) Insert "job search or" after "payment of the".
(b) Omit "Newstart Activity". 38. Paragraph 1252A(2)(e): Insert "589 or"
after "section". 39. Paragraph 1252A(2)(f): Omit "Newstart Activity".
40. Subsection 1253(7): Omit, substitute: "(7) This section does not
apply to:
(a) a decision under section 525B to the extent to which it relates to the
terms of a Job Search Activity Agreement that is in force; or
(b) a decision under section 606 to the extent to which it relates to the
terms of a Newstart Activity Agreement that is in force.". 41. Section
1254A:
(a) Insert "525B or" after "section".
(b) Insert "Job Search or" after "the terms of a". 42. Subsection 1255(6):
Omit, substitute: "(6) This section does not apply to:
(a) a decision under section 525B to the extent to which it relates to the
terms of a Job Search Activity Agreement that is in force; or
(b) a decision under section 606 to the extent to which it relates to the
terms of a Newstart Activity Agreement that is in force.". 43.
Subsection 1256A(1): Omit, substitute: "(1) This section applies to:
(a) a decision under section 525B to the extent to which it relates to the
terms of a Job Search Activity Agreement that is in force; or
(b) a decision under section 606 to the extent to which it relates to the
terms of a Newstart Activity Agreement that is in force. "(1A) Subject
to subsection (2), a decision by the Social Security Appeals Tribunal
(SSAT) in relation to a decision to which this section applies comes
into operation immediately on the giving of the decision.".
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