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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Coronavirus Economic Response
Package Omnibus Bill 2020
No. , 2020
(Treasury)
A Bill for an Act to provide an economic response,
and deal with other matters, relating to the
coronavirus, and for related purposes
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Enhancing the instant asset write-off
3
Income Tax Assessment Act 1997
3
Income Tax (Transitional Provisions) Act 1997
5
Schedule 2--Backing business investment
7
Income Tax Assessment Act 1997
7
Income Tax (Transitional Provisions) Act 1997
8
Schedule 3--Boosting cash flow for employers
15
Income Tax Assessment Act 1997
15
Social Security Act 1991
15
Taxation Administration Act 1953
15
Veterans' Entitlements Act 1986
16
Schedule 4--Stimulus payments to households to support
growth
17
A New Tax System (Family Assistance) Act 1999
17
A New Tax System (Family Assistance) (Administration) Act 1999
20
Income Tax Assessment Act 1997
23
Social Security Act 1991
25
Social Security (Administration) Act 1999
32
Veterans' Entitlements Act 1986
35
Schedule 5--Delegation by Director of Human Biosecurity
43
Biosecurity Act 2015
43
Schedule 6--Environmental management charges
44
Great Barrier Reef Marine Park Regulations 2019
44
Schedule 7--Assistance for apprentices and trainees and the
aviation sector
46
Part 1--Education, Skills and Employment programs
46
ii
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Financial Framework (Supplementary Powers) Regulations 1997
46
Part 2--Infrastructure, Transport, Regional Development and
Communications programs
48
Financial Framework (Supplementary Powers) Regulations 1997
48
Schedule 8--Providing flexibility in the Corporations Act
49
Corporations Act 2001
49
Schedule 9--Child care
51
A New Tax System (Family Assistance) Act 1999
51
A New Tax System (Family Assistance) (Administration) Act 1999
52
Schedule 10--Superannuation drawdowns
54
Retirement Savings Accounts Regulations 1997
54
Superannuation Industry (Supervision) Regulations 1994
54
Schedule 11--Additional support for income support recipients
55
Part 1--Main amendments
55
Farm Household Support Act 2014
55
Social Security Act 1991
55
Part 2--Other amendments
67
Social Services and Other Legislation Amendment (Simplifying
Income Reporting and Other Measures) Act 2020
67
Schedule 12--Temporary relief for financially distressed
individuals and businesses
68
Part 1--Amendments relating to individuals in financial
distress
68
Bankruptcy Act 1966
68
Bankruptcy Regulations 1996
70
Part 2--Amendments relating to businesses in financial
distress
72
Corporations Act 2001
72
Corporations Regulations 2001
73
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
iii
Part 3--Temporary relief for directors from duty to prevent
insolvent trading
74
Corporations Act 2001
74
Schedule 13--Early release of superannuation
76
Income Tax (Transitional Provisions) Act 1997
76
Retirement Savings Accounts Regulations 1997
76
Superannuation Industry (Supervision) Regulations 1994
79
Schedule 14--Medicare levy and Medicare levy surcharge
income thresholds
82
A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act
1999
82
Medicare Levy Act 1986
82
Schedule 15--Intergenerational report
84
Charter of Budget Honesty Act 1998
84
Schedule 16--Deferral of sunsetting
85
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
1
A Bill for an Act to provide an economic response,
1
and deal with other matters, relating to the
2
coronavirus, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Coronavirus Economic Response Package Omnibus
6
Act 2020
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
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. Schedules 1
and 2
The day after this Act receives the Royal
Assent.
3. Schedule 3
At the same time as the
Boosting Cash Flow
for Employers (Coronavirus Economic
Response Package) Act 2020
commences.
4. Schedules 4
and 5
The day after this Act receives the Royal
Assent.
5. Schedule 6
1 April 2020.
1 April 2020
6. Schedules 7 to
10
The day after this Act receives the Royal
Assent.
7. Schedule 11
27 April 2020.
27 April 2020
8. Schedules 12
to 16
The day after this Act receives the Royal
Assent.
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
Note:
The provisions of a legislative instrument (the principal instrument)
12
amended or inserted by this Act, and any other provisions of the
13
principal instrument, may be amended or repealed by a legislative
14
instrument made under the enabling provision for the principal
15
instrument (see subsection 13(5) of the
Legislation Act 2003
).
16
Enhancing the instant asset write-off
Schedule 1
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
3
Schedule 1--Enhancing the instant asset
1
write-off
2
3
Income Tax Assessment Act 1997
4
1 Section 40-82 (heading)
5
Omit "
$30,000
", substitute "
$150,000
".
6
2 Paragraph 40-82(1)(a)
7
After "businesses)", insert ", or by subsection (4A) (about medium
8
sized businesses and certain assets) in relation to the asset,".
9
3 Paragraph 40-82(1)(d)
10
Repeal the paragraph, substitute:
11
(d) the asset is a depreciating asset whose
*
cost as at the end of
12
the current year is less than:
13
(i) if you start to use the asset, or have it installed ready for
14
use, for a taxable purpose in the period beginning on
15
12 March 2020 and ending on 30 June 2020--$150,000;
16
or
17
(ii) otherwise--$30,000.
18
4 Paragraph 40-82(3)(a)
19
After "businesses)", insert ", or by subsection (4B) (about medium sized
20
businesses and certain amounts) in relation to the amount,".
21
5 Paragraph 40-82(3)(b)
22
Repeal the paragraph, substitute:
23
(b) the amount so included is less than:
24
(i) if the amount is included in the period beginning on
25
12 March 2020 and ending on 30 June 2020--$150,000;
26
or
27
(ii) otherwise--$30,000; and
28
6 After subsection 40-82(4)
29
Insert:
30
Schedule 1
Enhancing the instant asset write-off
4
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
(4A) An entity is covered by this subsection for an income year in
1
relation to an asset mentioned in subsection (1) if:
2
(a) the entity starts to use the asset, or has the asset
*
installed
3
ready for use, for a
*
taxable purpose in the period beginning
4
on 12 March 2020 and ending on 30 June 2020; and
5
(b) the entity is not a
*
small business entity for the income year;
6
and
7
(c) the entity would be a small business entity for the income
8
year if:
9
(i) each reference in Subdivision 328-C (about what is a
10
small business entity) to $10 million were instead a
11
reference to $500 million; and
12
(ii) the reference in paragraph 328-110(5)(b) to a small
13
business entity were instead a reference to an entity
14
covered by this subsection in relation to the asset.
15
(4B) An entity is covered by this subsection for an income year in
16
relation to an amount included as mentioned in subsection (3) if:
17
(a) the amount is so included in the period beginning on
18
12 March 2020 and ending on 30 June 2020; and
19
(b) the entity is not a
*
small business entity for the income year;
20
and
21
(c) the entity would be a small business entity for the income
22
year if:
23
(i) each reference in Subdivision 328-C (about what is a
24
small business entity) to $10 million were instead a
25
reference to $500 million; and
26
(ii) the reference in paragraph 328-110(5)(b) to a small
27
business entity were instead a reference to an entity
28
covered by this subsection in relation to the amount.
29
7 Subsection 40-425(7A)
30
Omit "less than $30,000", substitute "below a threshold".
31
8 Paragraph 328-180(1)(b) (note)
32
Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000".
33
9 Paragraph 328-180(2)(a) (note)
34
Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000".
35
Enhancing the instant asset write-off
Schedule 1
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
5
10 Paragraph 328-180(3)(a) (note)
1
Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000".
2
11 Subsection 328-210(1) (note 2)
3
Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000".
4
12 Subsection 328-250(1) (note)
5
Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000".
6
13 Subsection 328-250(4) (note)
7
Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000".
8
14 Subsection 328-253(4) (note)
9
Omit "$25,000 or $30,000", substitute "$25,000, $30,000 or $150,000".
10
Income Tax (Transitional Provisions) Act 1997
11
15 Subsection 328-180(1)
12
Insert:
13
2020 announcement time
means the start of 12 March 2020.
14
16 Subparagraphs 328-180(4)(c)(i) and (ii)
15
Omit "on or before 30 June 2020", substitute "before the 2020
16
announcement time".
17
17 At the end of subsection 328-180(4)
18
Add:
19
; or (d) were a reference to $150,000, if you first acquired the asset at
20
or after the 2015 budget time, and you:
21
(i) first used the asset, for a taxable purpose, at or after the
22
2020 announcement time and on or before 30 June
23
2020; or
24
(ii) first installed the asset ready for use, for a taxable
25
purpose, at or after the 2020 announcement time and on
26
or before 30 June 2020.
27
Schedule 1
Enhancing the instant asset write-off
6
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
18 Subparagraph 328-180(5)(c)(ii)
1
Omit "on or before 30 June 2020", substitute "before the 2020
2
announcement time".
3
19 At the end of subsection 328-180(5)
4
Add:
5
; or (d) were a reference to $150,000, if the amount is so included at
6
any time:
7
(i) at or after the 2020 announcement time; and
8
(ii) on or before 30 June 2020.
9
20 Subparagraph 328-180(6)(c)(ii)
10
Omit "on or before 30 June 2020", substitute "before the 2020
11
announcement time".
12
21 At the end of subsection 328-180(6)
13
Add:
14
; or (d) were a reference to $150,000, in relation to a deduction for an
15
income year that ends:
16
(i) at or after the 2020 announcement time; and
17
(ii) on or before 30 June 2020.
18
Backing business investment
Schedule 2
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
7
Schedule 2--Backing business investment
1
2
Income Tax Assessment Act 1997
3
1 Subsection 40-35(1)
4
Omit "and Divisions 41, 328 and 775", substitute "and the provisions
5
referred to in subsection (3)".
6
2 At the end of section 40-35
7
Add:
8
(3) The provisions are:
9
(a) Divisions 41, 328 and 775 of this Act; and
10
(b) Divisions 40 and 328 of the
Income Tax (Transitional
11
Provisions) Act 1997
.
12
3 At the end of subsection 40-65(1) (after the notes)
13
Add:
14
Note 4:
An accelerated decline in value applies to certain assets you start to
15
hold between 12 March 2020 and 30 June 2021: see
16
Subdivision 40-BA of the
Income Tax (Transitional Provisions) Act
17
1997.
18
4 At the end of subsection 40-75(2) (after the notes)
19
Add:
20
Note 3:
You must also adjust the formula if an accelerated decline in value
21
applied to the asset under Subdivision 40-BA of the
Income Tax
22
(Transitional Provisions) Act 1997
: see subsection 40-135(3) of that
23
Act.
24
5 Section 705-45
25
Before "If:", insert "(1)".
26
6 At the end of section 705-45 (after the notes)
27
Add:
28
(2) If:
29
(a) an asset of the joining entity is a
*
depreciating asset to which
30
Division 40 applies; and
31
Schedule 2
Backing business investment
8
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
(b) either of the following has applied before the joining entity
1
became a
*
subsidiary member for the purposes of working
2
out the asset's decline in value under Division 40:
3
(i) section 40-82;
4
(ii) Subdivision 40-BA of the
Income Tax (Transitional
5
Provisions) Act 1997
; and
6
(c) the asset's
*
tax cost setting amount would be greater than the
7
joining entity's
*
terminating value for the asset;
8
the asset's tax cost setting amount is reduced so that it equals the
9
terminating value.
10
Note 1:
The provisions referred to in paragraph (b) provide for an accelerated
11
decline in value of certain assets.
12
Note 2:
Unlike the position with a reduction in tax cost setting amount under
13
section 705-40, the amount of the reduction is not re-allocated among
14
other assets.
15
Income Tax (Transitional Provisions) Act 1997
16
7 After Subdivision 40-B
17
Insert:
18
40-BA--Backing business investment
19
Table of sections
20
40-120
Backing business investment--accelerated decline in value for businesses
21
with turnover less than $500 million
22
40-125
Backing business investment--when an asset of yours qualifies
23
40-130
Method for working out accelerated decline in value
24
40-135
Division 40 of the
Income Tax Assessment Act 1997
applies to later years
25
40-120 Backing business investment--accelerated decline in value
26
for businesses with turnover less than $500 million
27
(1) For the purposes of Division 40 of the
Income Tax Assessment Act
28
1997
, the decline in value of a depreciating asset for an income
29
year is the amount worked out under section 40-130 if:
30
(a) the income year is the year in which you start to use the asset,
31
or have it installed ready for use, for a taxable purpose; and
32
(b) subsection (2) (about businesses with turnover less than $500
33
million) applies to you for the year and for the income year in
34
Backing business investment
Schedule 2
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
9
which you started to hold the asset (if that was an earlier
1
year); and
2
(c) you are covered by section 40-125 for the asset.
3
Note:
An effect of paragraph (1)(a) is that this Subdivision only applies to
4
one income year per asset. See also subsection 40-135(1).
5
Businesses with turnover less than $500 million
6
(2) This subsection applies to you for an income year if you:
7
(a) are a small business entity; or
8
(b) would be a small business entity if:
9
(i) each reference in Subdivision 328-C of the
Income Tax
10
Assessment Act 1997
(about what is a small business
11
entity) to $10 million were instead a reference to $500
12
million; and
13
(ii) the reference in paragraph 328-110(5)(b) of that Act to a
14
small business entity were instead a reference to an
15
entity covered by this subsection.
16
Exception--assets for which the decline in value is worked out
17
under section 40-82 or Subdivision 40-E or 40-F of the Income Tax
18
Assessment Act 1997
19
(3) However, this section does not apply to a depreciating asset for an
20
income year if you work out the decline in value of the asset for the
21
income year under any of the following:
22
(a) section 40-82 of the
Income Tax Assessment Act 1997
;
23
(b) Subdivision 40-E or 40-F of that Act
.
24
40-125 Backing business investment--when an asset of yours
25
qualifies
26
(1) For the purposes of paragraph 40-120(1)(c) and section 328-182,
27
you are covered by this section for a depreciating asset if, in the
28
period beginning on 12 March 2020 and ending on 30 June 2021,
29
you:
30
(a) start to hold the asset; and
31
(b) start to use it, or have it installed ready for use, for a taxable
32
purpose.
33
Schedule 2
Backing business investment
10
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Note:
Section 328-182 provides similar accelerated depreciation for small
1
business entities that choose to use Subdivision 328-D of the
Income
2
Tax Assessment Act 1997
.
3
Exception--commitments already entered into
4
(2) Despite subsection (1), you are
not
covered by this section for the
5
asset if, before 12 March 2020, you:
6
(a) entered into a contract under which you would hold the asset;
7
or
8
(b) started to construct the asset; or
9
(c) started to hold the asset in some other way.
10
(3) Despite subsection (1), you are
not
covered by this section for an
11
asset (the
post-12 March 2020 asset
) if:
12
(a) on a day before 12 March 2020, you:
13
(i) enter into a contract under which you hold an asset on
14
that day, or will hold the asset on a later day; or
15
(ii) start to construct an asset; or
16
(iii) start to hold an asset in some other way; and
17
(b) on a day on or after 12 March 2020 (the
conduct day
), you
18
engage in conduct that results in you:
19
(i) entering into a contract under which you hold the
20
post-12 March 2020 asset on the conduct day, or will
21
hold that asset on an even later day; or
22
(ii) starting to construct the post-12 March 2020 asset; or
23
(iii) starting to hold the post-12 March 2020 asset in some
24
other way; and
25
(c) the post-12 March 2020 asset is the asset mentioned in
26
paragraph (a), or an identical or substantially similar asset;
27
and
28
(d) you engage in that conduct for the purpose, or for purposes
29
that include the purpose, of becoming covered by this section
30
for the post-12 March 2020 asset.
31
(4) For the purposes of subsections (2) and (3), treat yourself as having
32
started to construct an asset at a time if you first incur expenditure
33
in respect of the construction of the asset at that time.
34
Backing business investment
Schedule 2
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
11
(5) To avoid doubt, for the purposes of this section, you do not enter
1
into a contract under which you hold an asset merely because you
2
acquire an option to enter into such a contract.
3
(6) For the purposes of subsections (2), (3), (4) and (5), if a partner in
4
a partnership does any of the following things, treat the partnership
5
(instead of the partner) as having done the thing:
6
(a) entering into a contract under which the partnership would
7
hold the asset;
8
(b) starting to construct the asset;
9
(c) acquiring an option to enter into such a contract.
10
Exception--second hand assets
11
(7) Despite subsection (1), you are
not
covered by this section for the
12
asset if:
13
(a) another entity held the asset when it was first used, or first
14
installed ready for use, other than:
15
(i) as trading stock; or
16
(ii) merely for the purposes of reasonable testing or
17
trialling; or
18
(b) you started holding the asset under section 40-115 of the
19
Income Tax Assessment Act 1997
(about splitting a
20
depreciating asset) or section 40-125 of that Act
(about
21
merging depreciating assets); or
22
(c) you were already covered by this section for the asset as a
23
member of a consolidated group or a MEC group of which
24
you are no longer a member.
25
(8) However, paragraph (7)(a) does not apply in relation to an
26
intangible asset unless the asset was used for the purpose of
27
producing ordinary income before you first used it, or had it
28
installed ready for use, for any purpose. In applying this
29
subsection, disregard ordinary income that arises as a result of the
30
disposal of the asset to you.
31
Exception--assets to which Division 40 does not apply
32
(9) Despite subsection (1), you are
not
covered by this section for the
33
asset if Division 40 of the
Income Tax Assessment Act 1997
does
34
not apply to the asset because of section 40-45 of that Act.
35
Schedule 2
Backing business investment
12
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Exception--assets not located in Australia
1
(10) Despite subsection (1), you are
not
covered by this section for the
2
asset if, at the time you first use the asset, or have it installed ready
3
for use, for a taxable purpose:
4
(a) it is not reasonable to conclude that you will use the asset
5
principally in Australia for the principal purpose of carrying
6
on a business; or
7
(b) it is reasonable to conclude that the asset will never be
8
located in Australia.
9
40-130 Method for working out accelerated decline in value
10
(1) For the purposes of section 40-120, the decline in value for the
11
income year in which paragraph 40-120(1)(a) is satisfied (the
12
current year
) is:
13
(a) if the asset's start time occurs in the current year--the
14
amount worked out under subsection (2); or
15
(b) if the asset's start time occurred in an earlier year--the
16
amount worked out under subsection (4).
17
Note 1:
The asset's start time is when you first use it, or have it installed ready
18
for use, for any purpose (including a non-taxable purpose): see
19
subsection 40-60(2) of the
Income Tax Assessment Act 1997
.
20
Note 2:
A case covered by paragraph (b) is where you start to hold the asset in
21
the period 12 March 2020 to 30 June 2020 and use it for only
22
non-taxable purposes in that period, then first use it for a taxable
23
purpose in the period 1 July 2020 to 30 June 2021.
24
Current year is the year the asset starts to decline in value
25
(2) If this subsection applies, the amount for the current year is the
26
sum of the following amounts:
27
(a) 50% of the asset's cost as at the end of the current year,
28
disregarding any amount included in the second element of
29
the asset's cost after 30 June 2021;
30
(b) the amount that would be the asset's decline in value for the
31
current year under Division 40 of the
Income Tax Assessment
32
Act 1997
, assuming its cost were reduced by the amount
33
worked out under paragraph (a).
34
Note:
Paragraph (a) effectively only requires you to disregard an amount
35
included in the second element of cost if you have a substituted
36
accounting period that ends after 30 June 2021.
37
Backing business investment
Schedule 2
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
13
(3) However, the amount worked out under subsection (2) for an
1
income year cannot be more than the amount that is the asset's cost
2
for the year.
3
Asset had declined in value before the start of the current year
4
(4) If this subsection applies, the amount for the current year is the
5
sum of the following amounts:
6
(a) 50% of the sum of the asset's opening adjustable value for
7
the current year and any amount included in the second
8
element of its cost for that year, disregarding any amount
9
included in that second element after 30 June 2021;
10
(b) the amount that would be the asset's decline in value for the
11
current year under Division 40 of the
Income Tax Assessment
12
Act 1997
assuming:
13
(i) for the diminishing value method--its base value were
14
reduced by the amount worked out under paragraph (a);
15
or
16
(ii) for the prime cost method--the component "Asset's
17
*
cost" in the formula in subsection 40-75(1) of that Act
18
(as adjusted under that section) were reduced by the
19
amount worked out under paragraph (a).
20
Note:
Paragraph (a) effectively only requires you to disregard an amount
21
included in the second element of cost if you have a substituted
22
accounting period that ends after 30 June 2021.
23
(5) However, the amount worked out under subsection (4) for an
24
income year cannot be more than:
25
(a) for the diminishing value method--the asset's base value for
26
the year; or
27
(b) for the prime cost method--the sum of its opening adjustable
28
value for the income year and any amount included in the
29
second element of its cost for that year.
30
40-135 Division 40 of the
Income Tax Assessment Act 1997
applies to
31
later years
32
(1) The decline in value of a depreciating asset is not worked out under
33
this Subdivision for an income year if this Subdivision already
34
applied in working out the decline in value of the asset for an
35
income year.
36
Schedule 2
Backing business investment
14
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
(2) For an income year later than the year in which the decline in value
1
is worked out under this Subdivision, the decline in value is
2
worked out under the other provisions of Division 40 of the
Income
3
Tax Assessment Act 1997
.
4
Adjustment required for prime cost method
5
(3) If you use the prime cost method for the asset, you must adjust the
6
formula in subsection 40-75(1) of the
Income Tax Assessment Act
7
1997
for the later year in the manner set out in subsection 40-75(3)
8
of that Act. The later year is the
change year
referred to in that
9
subsection.
10
Balancing adjustment provisions
11
(4) Subdivision 40-D of the
Income Tax Assessment Act 1997
has
12
effect as if the decline in value worked out under this Subdivision
13
had been worked out under Subdivision 40-B of that Act.
14
8 After section 328-180
15
Insert:
16
328-182 Backing business investment
17
Subsection 328-190(2) of the
Income Tax Assessment Act 1997
18
applies to a depreciating asset as if a reference in that subsection to
19
15% were a reference to 57.5% if you are covered by
20
section 40-125 for the asset (which is about backing business
21
investment).
22
Boosting cash flow for employers
Schedule 3
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
15
Schedule 3--Boosting cash flow for
1
employers
2
3
Income Tax Assessment Act 1997
4
1 Section 11-
55 (after table item headed "capital gains tax")
5
Insert:
6
cash flow boost
payments in accordance with the
Boosting Cash Flow for
Employers (Coronavirus Economic Response Package)
Act 2020
........................................................................
59-90
2 At the end of Division 59
7
Add:
8
59-90 Cash flow boost
9
A cash flow boost paid in accordance with the
Boosting Cash Flow
10
for Employers (Coronavirus Economic Response Package) Act
11
2020
is not assessable income and is not
*
exempt income.
12
Social Security Act 1991
13
3 At the end of subsection 8(8)
14
Add:
15
; (zt) a cash flow boost (within the meaning of the
Boosting Cash
16
Flow for Employers (Coronavirus Economic Response
17
Package) Act 2020
).
18
Taxation Administration Act 1953
19
4 Subsection 8AAB(4) (after table item 19)
20
Insert:
21
19A
10
Boosting Cash Flow for
Employers (Coronavirus
Economic Response
Package) Act 2020
wrong payment or overpayment
of a cash flow boost
Schedule 3
Boosting cash flow for employers
16
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
5 Subsection 250-10(2) in Schedule 1 (at the end of the table)
1
Add:
2
142
cash flow boost
overpayments
subsection 9(3)
Boosting Cash Flow
for Employers
(Coronavirus
Economic Response
Package) Act 2020
Veterans' Entitlements Act 1986
3
6 At the end of subsection 5H(8)
4
Add:
5
; (zzc) a cash flow boost (within the meaning of the
Boosting Cash
6
Flow for Employers (Coronavirus Economic Response
7
Package) Act 2020
).
8
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
17
Schedule 4--Stimulus payments to
1
households to support growth
2
3
A New Tax System (Family Assistance) Act 1999
4
1 Subsection 3(1)
5
Insert:
6
2020 economic support payment
means:
7
(a) a first 2020 economic support payment; or
8
(b) a second 2020 economic support payment.
9
first 2020 economic support payment
means a payment to which
10
an individual is entitled under Division 1 of Part 9.
11
second 2020 economic support payment
means a payment to
12
which an individual is entitled under Division 2 of Part 9.
13
2 After Part 8
14
Insert:
15
Part 9--2020 economic support payments
16
Division 1--First 2020 economic support payment
17
110 When is an individual entitled to a first 2020 economic support
18
payment?
19
An individual is entitled to a first 2020 economic support payment
20
if subsection 116(2), (3) or (4) applies to the individual on a day in
21
the period:
22
(a) starting on 12 March 2020; and
23
(b) ending on 13 April 2020.
24
111 What is the amount of the payment?
25
The amount of an individual's first 2020 economic support
26
payment under this Division is $750.
27
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Stimulus payments to households to support growth
18
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
112 More than one entitlement
1
(1) If, at the time the Secretary determines whether an individual is
2
entitled to a first 2020 economic support payment under this
3
Division, 2 or more of subsections 116(2), (3) and (4) would
4
otherwise apply to the individual on a day or days occurring in the
5
period mentioned in section 110 (whether on the same day or
6
different days), then:
7
(a) the first of those subsections applies to the individual on that
8
day or those days; and
9
(b) none of the others apply to the individual during that period.
10
Note:
For the purposes of sections 65JA (payment) and 72 (debts) of the
11
Family Assistance Administration Act, it is necessary to know which
12
subsection of section 116 of this Act applies.
13
(2) If:
14
(a) a first 2020 economic support payment under the ABSTUDY
15
Scheme; or
16
(b) a first 2020 economic support payment under Division 1 of
17
Part 2.6B of the
Social Security Act 1991
; or
18
(c) a first 2020 economic support payment under Division 1 of
19
Part IIIH of the
Veterans' Entitlements Act 1986
;
20
is paid to an individual, no payment under this Division can be
21
paid to the individual.
22
Division 2--Second 2020 economic support payment
23
113 When is an individual entitled to a second 2020 economic
24
support payment?
25
An individual is entitled to a second 2020 economic support
26
payment if:
27
(a) subsection 116(2), (3) or (4) applies to the individual on
28
10 July 2020; and
29
(b) the individual does not receive COVID-19 supplement under
30
the
Social Security Act 1991
in respect of 10 July 2020.
31
114 What is the amount of the payment?
32
The amount of an individual's second 2020 economic support
33
payment under this Division is $750.
34
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
19
115 More than one entitlement
1
(1) If, at the time the Secretary determines whether an individual is
2
entitled to a second 2020 economic support payment under this
3
Division, 2 or more of subsections 116(2), (3) and (4) would
4
otherwise apply to the individual on 10 July 2020, then:
5
(a) the first of those subsections applies to the individual on
6
10 July 2020; and
7
(b) none of the others apply to the individual on 10 July 2020.
8
Note:
For the purposes of sections 65JB (payment) and 72 (debts) of the
9
Family Assistance Administration Act, it is necessary to know which
10
subsection of section 116 of this Act applies.
11
(2) If:
12
(a) a second 2020 economic support payment under the
13
ABSTUDY Scheme; or
14
(b) a second 2020 economic support payment under Division 2
15
of Part 2.6B of the
Social Security Act 1991
; or
16
(c) a second 2020 economic support payment under Division 2
17
of Part IIIH of the
Veterans' Entitlements Act 1986
;
18
is paid to an individual, no payment under this Division can be
19
paid to the individual.
20
Division 3--Eligibility for 2020 economic support payment
21
116 Eligibility for 2020 economic support payment
22
(1) This section applies for the purposes of section 110 and
23
paragraph 113(a).
24
(2) Subject to subsection (5) of this section, this subsection applies to
25
an individual on a day if:
26
(a) in relation to that day, a determination under section 16 of the
27
Family Assistance Administration Act is in force in respect
28
of the individual as a claimant; and
29
(b) the rate of family tax benefit payable under the determination
30
in relation to that day consists of or includes a Part A or Part
31
B rate greater than nil.
32
(3) Subject to subsection (5) of this section, this subsection applies to
33
an individual on a day if:
34
Schedule 4
Stimulus payments to households to support growth
20
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
(a) in relation to that day, a determination under section 17 of the
1
Family Assistance Administration Act is in force in respect
2
of the individual as a claimant; and
3
(b) the rate of family tax benefit payable under the determination
4
in relation to that day consists of or includes a Part A or Part
5
B rate greater than nil; and
6
(c) the determination is made as a result of a claim made in:
7
(i) the income year in which that day occurs; or
8
(ii) either of the next 2 income years.
9
(4) Subject to subsection (5) of this section, this subsection applies to
10
an individual on a day if:
11
(a) in relation to that day, a determination under section 18 of the
12
Family Assistance Administration Act is in force in respect
13
of the individual as a claimant; and
14
(b) the rate of family tax benefit payable under the determination
15
in relation to that day consists of or includes a Part A or Part
16
B rate greater than nil; and
17
(c) the determination is made as a result of a claim made in:
18
(i) the income year in which that day occurs; or
19
(ii) a later income year.
20
Residence requirement
21
(5) Subsection (2), (3) or (4) does not apply to an individual on a day
22
if the individual does not reside in Australia on that day.
23
A New Tax System (Family Assistance) (Administration) Act
24
1999
25
3 After Division 4D of Part 3
26
Insert:
27
Division 4DA--2020 economic support payment
28
65JA Payment of first 2020 economic support payment
29
(1) If an individual is entitled to a first 2020 economic support
30
payment, the Secretary must, subject to subsection (2), pay the
31
payment to the individual in a single lump sum:
32
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
21
(a) on the date that the Secretary considers to be the earliest date
1
on which it is reasonably practicable for the payment to be
2
paid; and
3
(b) in such manner as the Secretary considers appropriate.
4
Note:
The individual does not have to make a claim for the payment.
5
(2) The Secretary must not pay the payment on or after 1 July 2022 if
6
the individual is entitled to the payment because subsection 116(2)
7
or (4) of the Family Assistance Act applies to the individual on a
8
day.
9
65JB Payment of second 2020 economic support payment
10
(1) If an individual is entitled to a second 2020 economic support
11
payment, the Secretary must, subject to subsection (2), pay the
12
payment to the individual in a single lump sum:
13
(a) on the date, occurring on or after 10 July 2020, that the
14
Secretary considers to be the earliest date on which it is
15
reasonably practicable for the payment to be paid; and
16
(b) in such manner as the Secretary considers appropriate.
17
Note:
The individual does not have to make a claim for the payment.
18
(2) The Secretary must not pay the payment on or after 1 July 2023 if
19
the individual is entitled to the payment because subsection 116(2)
20
or (4) of the Family Assistance Act applies to the individual on
21
10 July 2020.
22
4 At the end of subsection 66(1)
23
Add:
24
; (l) 2020 economic support payment.
25
5 Section 70
26
Omit "or ETR payment", substitute ", ETR payment or 2020 economic
27
support payment".
28
6 After section 71M
29
Insert:
30
Schedule 4
Stimulus payments to households to support growth
22
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
72 Debts arising in respect of 2020 economic support payment
1
(1) This section applies in relation to an individual who has been paid
2
a 2020 economic support payment because subsection 116(2), (3)
3
or (4) of the Family Assistance Act applied to the individual on a
4
day.
5
(2) If:
6
(a) after the payment was paid to the individual, the
7
determination mentioned in that subsection of the Family
8
Assistance Act, at least so far as the determination relates to
9
that day, is or was (however described) changed, revoked, set
10
aside, or superseded by another determination; and
11
(b) the decision to change, revoke, set aside or supersede the
12
determination is or was made for the reason, or for reasons
13
including the reason, that the individual knowingly made a
14
false or misleading statement, or knowingly provided false
15
information; and
16
(c) had the change, revocation, setting aside or superseding
17
occurred on or before that day, the payment would not have
18
been paid;
19
the amount of the payment is a debt due to the Commonwealth by
20
the individual.
21
7 Paragraph 74(a)
22
Omit "or ETR payment", substitute ", ETR payment or 2020 economic
23
support payment".
24
8 Subsection 93A(6) (at the end of the definition of
family
25
assistance payment
)
26
Add:
27
; or (h) a payment of 2020 economic support payment.
28
9 Subsections 106(3) and 109D(4)
29
Omit "or ETR payment", substitute ", ETR payment or 2020 economic
30
support payment".
31
10 Paragraph 109D(5)(a)
32
Omit "or ETR payment", substitute ", ETR payment or 2020 economic
33
support payment".
34
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
23
11 Section 219TA (at the end of the definition of
relevant
1
benefit
)
2
Add:
3
; or (n) 2020 economic support payment.
4
Income Tax Assessment Act 1997
5
12 Section 11-
15 (table item headed "family assistance")
6
After:
7
economic security strategy payment to families ................
52-150
insert:
8
economic support payment, first or second 2020
payment ........................................................................
52-150
13 Section 11-
15 (table item headed "social security or like
9
payments")
10
After:
11
economic security strategy payment under the
Social
Security Act 1991
..........................................................
52-10
insert:
12
economic support payment, first or second 2020
payment under the
Social Security Act 1991
................
52-10
economic support payment, first or second 2020
payment under the
Veterans' Entitlements Act 1986
....
52-65
14 After paragraph 52-10(1)(ac)
13
Insert:
14
(ad) first 2020 economic support payment under the
Social
15
Security Act 1991
; or
16
(ae) second 2020 economic support payment under the
Social
17
Security Act 1991
; or
18
15 After subsection 52-10(1AD)
19
Insert:
20
(1B) The following payments are exempt from income tax:
21
(a) first 2020 economic support payments under Division 1 of
22
Part 2.6B of the
Social Security Act 1991
;
23
Schedule 4
Stimulus payments to households to support growth
24
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
(b) second 2020 economic support payments under Division 2 of
1
Part 2.6B of the
Social Security Act 1991
.
2
16 Section 52-40 (before table item 1)
3
Insert:
4
5
1A
2020 economic
support payment
Part 2.6B
Not applicable
Not applicable
17 After paragraph 52-65(1)(c)
6
Insert:
7
(d) first 2020 economic support payments under the
Veterans'
8
Entitlements Act 1986
; or
9
(da) second 2020 economic support payments under the
Veterans'
10
Entitlements Act 1986
; or
11
18 After subsection 52-65(1H)
12
Insert:
13
(1J) The following payments are exempt from income tax:
14
(a) first 2020 economic support payments under Division 1 of
15
Part IIIH of the
Veterans' Entitlements Act 1986
;
16
(b) second 2020 economic support payments under Division 2 of
17
Part IIIH of the
Veterans' Entitlements Act 1986
.
18
19 Section 52-75 (before table item 1)
19
Insert:
20
21
1A
2020 economic support
payment
Part IIIH
Not applicable
20 Subsection 52-131(2)
22
Repeal the subsection, substitute:
23
(2) The following payments made to you under the ABSTUDY
24
scheme are exempt from income tax:
25
(a) a crisis payment;
26
(b) a clean energy payment;
27
(c) a first 2020 economic support payment;
28
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
25
(d) a second 2020 economic support payment.
1
21 After paragraph 52-131(8)(aa)
2
Insert:
3
(ab) a first 2020 economic support payment; or
4
(ac) a second 2020 economic support payment; or
5
22 Section 52-150
6
Omit "or ETR payment", substitute ", ETR payment, first 2020
7
economic support payment or second 2020 economic support payment".
8
Social Security Act 1991
9
23 Paragraph 8(8)(jaa)
10
Omit "or ETR payment", substitute ", ETR payment, first 2020
11
economic support payment or second 2020 economic support payment".
12
24 After paragraph 8(8)(yl)
13
Insert:
14
(ym) a first 2020 economic support payment under Division 1 of
15
Part IIIH of the Veterans' Entitlements Act;
16
(yn) a second 2020 economic support payment under Division 2
17
of Part IIIH of the Veterans' Entitlements Act;
18
25 After paragraph 23(4AA)(ab)
19
Insert:
20
(ac) Part 2.6B (2020 economic support payments);
21
26 After Part 2.6A
22
Insert:
23
Schedule 4
Stimulus payments to households to support growth
26
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Part 2.6B--2020 economic support payments
1
Division 1--First 2020 economic support payment
2
304 First 2020 economic support payment
3
Qualification for payment
4
(1) A person is qualified for a first 2020 economic support payment if
5
subsection 308(2), (3) or (4) applies to the person on a day in the
6
period:
7
(a) starting on 12 March 2020; and
8
(b) ending on 13 April 2020.
9
More than one entitlement
10
(2) A person may receive one payment only under this Division,
11
regardless of how many times the person qualifies under this
12
section.
13
(3) If:
14
(a) a first 2020 economic support payment under the ABSTUDY
15
Scheme; or
16
(b) a first 2020 economic support payment under Division 1 of
17
Part 9 of the Family Assistance Act; or
18
(c) a first 2020 economic support payment under Division 1 of
19
Part IIIH of the Veterans' Entitlements Act;
20
is paid to a person, no payment under this section can be paid to
21
the person.
22
305 Amount of first 2020 economic support payment
23
The amount of a person's first 2020 economic support payment
24
under this Division is $750.
25
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
27
Division 2--Second 2020 economic support payment
1
306 Second 2020 economic support payment
2
Qualification for payment
3
(1) A person is qualified for a second 2020 economic support payment
4
if:
5
(a) subsection 308(2), (3) or (4) applies to the person on 10 July
6
2020; and
7
(b) the person does not receive COVID-19 supplement in respect
8
of 10 July 2020.
9
More than one entitlement
10
(2) A person may receive one payment only under this Division,
11
regardless of how many times the person qualifies under this
12
section.
13
(3) If:
14
(a) a second 2020 economic support payment under the
15
ABSTUDY Scheme; or
16
(b) a second 2020 economic support payment under Division 2
17
of Part 9 of the Family Assistance Act; or
18
(c) a second 2020 economic support payment under Division 2
19
of Part IIIH of the Veterans' Entitlements Act;
20
is paid to a person, no payment under this Division can be paid to
21
the person.
22
307 Amount of second 2020 economic support payment
23
The amount of a person's second 2020 economic support payment
24
under this Division is $750.
25
Division 3--Eligibility
26
308 Eligibility
27
(1) This section applies for the purposes of subsection 304(1) and
28
paragraph 306(1)(a).
29
Schedule 4
Stimulus payments to households to support growth
28
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Receipt of certain benefits
1
(2) Subject to subsection (5) of this section, this subsection applies to a
2
person on a day if the person receives one of the following benefits
3
in respect of that day:
4
(a) age pension;
5
(b) disability support pension;
6
(c) wife pension;
7
(d) carer payment;
8
(e) bereavement allowance;
9
(f) widow B pension;
10
(g) widow allowance;
11
(h) parenting payment;
12
(i) youth allowance;
13
(j) austudy payment;
14
(k) newstart allowance;
15
(l) jobseeker payment;
16
(m) sickness allowance;
17
(n) special benefit;
18
(o) partner allowance;
19
(p) carer allowance;
20
(q) double orphan pension.
21
Note:
References to youth allowance, newstart allowance and jobseeker
22
payment include references to farm household allowance: see
23
section 93 of the
Farm Household Support Act 2014
.
24
Qualified for seniors health card
25
(3) Subject to subsection (5) of this section, this subsection applies to a
26
person on a day if:
27
(a) the person makes a claim for a seniors health card under
28
Division 1 of Part 3 of the Administration Act on or before
29
that day; and
30
(b) the person does not withdraw that claim on or before that
31
day; and
32
(c) the person is qualified for the card on that day.
33
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
29
Qualified for pensioner concession card
1
(4) Subject to subsection (5) of this section, this subsection applies to a
2
person on a day if the person is qualified for a pensioner
3
concession card on that day.
4
Residence requirement
5
(5) Subsection (2), (3) or (4) does not apply to a person on a day if the
6
person does not reside in Australia on that day.
7
27 Subsection 1222(2) (after table item 4G)
8
Insert:
9
4H
1223ABI
(debts in respect of first
2020 economic support
payments)
deductions
legal proceedings
garnishee notice
repayment by instalments
1231, 1234A
1232
1233
1234
4J
1223ABJ
(debts in respect of second
2020 economic support
payments)
deductions
legal proceedings
garnishee notice
repayment by instalments
1231, 1234A
1232
1233
1234
28 After section 1223ABH
10
Insert:
11
1223ABI Debts in respect of first 2020 economic support payments
12
(1) If:
13
(a) a first 2020 economic support payment under Division 1 of
14
Part 2.6B is paid to a person; and
15
(b) after the first 2020 economic support payment is paid to the
16
person, an underlying determination in relation to the person,
17
at least so far as it relates to:
18
(i) a day included in the period mentioned in
19
subsection 304(1); or
20
(ii) a period that includes such a day;
21
is or was (however described) changed, revoked, set aside, or
22
superseded by another determination; and
23
(c) the decision to change, revoke, set aside or supersede the
24
underlying determination is or was made for the reason, or
25
for reasons including the reason, that the person knowingly
26
Schedule 4
Stimulus payments to households to support growth
30
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
made a false or misleading statement, or knowingly provided
1
false information; and
2
(d) had the change, revocation, setting aside or superseding
3
occurred on or before that day, the first 2020 economic
4
support payment would not have been paid;
5
the amount of the first 2020 economic support payment is a debt
6
due to the Commonwealth by the person.
7
(2) For the purposes of this section, an
underlying determination
in
8
relation to a person is a determination made under Part 3 of the
9
Administration Act because of which a benefit mentioned in
10
subsection 308(2) of this Act was payable to the person.
11
(3) If:
12
(a) a first 2020 economic support payment under Division 1 of
13
Part 2.6B is paid to a person; and
14
(b) the person qualified for the payment because of
15
subsection 308(3) applying to the person in relation to having
16
made a claim for a seniors health card; and
17
(c) the person knowingly made a false or misleading statement,
18
or knowingly provided false information, in relation to the
19
claim; and
20
(d) the first 2020 economic support payment would not have
21
been paid to the person but for that statement or information;
22
the amount of the first 2020 economic support payment is a debt
23
due to the Commonwealth by the person.
24
(4) Apart from section 1224AA, the other provisions of this Part under
25
which debts arise do not apply in relation to first 2020 economic
26
support payments under Division 1 of Part 2.6B.
27
1223ABJ Debts in respect of second 2020 economic support
28
payments
29
(1) If:
30
(a) a second 2020 economic support payment under Division 2
31
of Part 2.6B is paid to a person; and
32
(b) after the second 2020 economic support payment is paid to
33
the person, an underlying determination in relation to the
34
person, at least so far as it relates to:
35
(i) 10 July 2020; or
36
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
31
(ii) a period that includes 10 July 2020;
1
is or was (however described) changed, revoked, set aside, or
2
superseded by another determination; and
3
(c) the decision to change, revoke, set aside or supersede the
4
underlying determination is or was made for the reason, or
5
for reasons including the reason, that the person knowingly
6
made a false or misleading statement, or knowingly provided
7
false information; and
8
(d) had the change, revocation, setting aside or superseding
9
occurred on or before 10 July 2020, the second 2020
10
economic support payment would not have been paid;
11
the amount of the second 2020 economic support payment is a debt
12
due to the Commonwealth by the person.
13
(2) For the purposes of this section, an
underlying determination
in
14
relation to a person is a determination made under Part 3 of the
15
Administration Act because of which a benefit mentioned in
16
subsection 308(2) of this Act was payable to the person.
17
(3) If:
18
(a) a second 2020 economic support payment under Division 2
19
of Part 2.6B is paid to a person; and
20
(b) the person qualified for the payment because of
21
subsection 308(3) applying to the person in relation to having
22
made a claim for a seniors health card; and
23
(c) the person knowingly made a false or misleading statement,
24
or knowingly provided false information, in relation to the
25
claim; and
26
(d) the second 2020 economic support payment would not have
27
been paid to the person but for that statement or information;
28
the amount of the second 2020 economic support payment is a debt
29
due to the Commonwealth by the person.
30
(4) Apart from section 1224AA, the other provisions of this Part under
31
which debts arise do not apply in relation to second 2020 economic
32
support payments under Division 2 of Part 2.6B.
33
Schedule 4
Stimulus payments to households to support growth
32
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Social Security (Administration) Act 1999
1
29 After section 12AD
2
Insert:
3
12AE 2020 economic support payment
4
A claim is not required for:
5
(a) a first 2020 economic support payment under Division 1 of
6
Part 2.6B of the 1991 Act; or
7
(b) a second 2020 economic support payment under Division 2
8
of Part 2.6B of the 1991 Act.
9
30 Subsection 47(1) (after paragraph (gf) of the definition of
10
lump sum benefit
)
11
Insert:
12
(gg) first 2020 economic support payment under Division 1 of
13
Part 2.6B of the 1991 Act; or
14
(gh) second 2020 economic support payment under Division 2 of
15
Part 2.6B of the 1991 Act; or
16
31 After section 47AD
17
Insert:
18
47AE Payment of first 2020 economic support payment
19
(1) If a person is qualified for a first 2020 economic support payment
20
under Division 1 of Part 2.6B of the 1991 Act, the Secretary must,
21
subject to subsection (2), pay the payment to the person in a single
22
lump sum:
23
(a) on the date that the Secretary considers to be the earliest date
24
on which it is reasonably practicable for the payment to be
25
paid; and
26
(b) in such manner as the Secretary considers appropriate.
27
(2) The Secretary must not pay the payment on or after 1 July 2022.
28
Stimulus payments to households to support growth
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No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
33
47AF Payment of second 2020 economic support payment
1
(1) If a person is qualified for a second 2020 economic support
2
payment under Division 2 of Part 2.6B of the 1991 Act, the
3
Secretary must, subject to subsection (2), pay the payment to the
4
person in a single lump sum:
5
(a) on the date, occurring on or after 10 July 2020, that the
6
Secretary considers to be the earliest date on which it is
7
reasonably practicable for the payment to be paid; and
8
(b) in such manner as the Secretary considers appropriate.
9
(2) The Secretary must not pay the payment on or after 1 July 2023.
10
32 Section 123TC
11
Insert:
12
2020 economic support payment
means:
13
(a) a first 2020 economic support payment under Division 1 of
14
Part 2.6B of the 1991 Act; or
15
(b) a second 2020 economic support payment under Division 2
16
of Part 2.6B of the 1991 Act; or
17
(c) a first 2020 economic support payment under the ABSTUDY
18
Scheme; or
19
(d) a second 2020 economic support payment under the
20
ABSTUDY Scheme; or
21
(e) a first 2020 economic support payment under Division 1 of
22
Part 9 of the Family Assistance Act; or
23
(f) a second 2020 economic support payment under Division 2
24
of Part 9 of the Family Assistance Act.
25
33 Subdivision DB of Division 5 of Part 3B (heading)
26
Omit "
Economic
", substitute "
2020 economic support payments,
27
economic
".
28
34 Before section 123XPC
29
Insert:
30
Schedule 4
Stimulus payments to households to support growth
34
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
123XPBA Deductions from 2020 economic support payments
1
Scope
2
(1) This section applies if:
3
(a) a person is subject to the income management regime; and
4
(b) a 2020 economic support payment is payable to the person.
5
Deductions from 2020 economic support payments
6
(2) The following provisions have effect:
7
(a) the Secretary must deduct from the 2020 economic support
8
payment the deductible portion of the payment;
9
(b) an amount equal to the deductible portion of the payment is
10
credited to the Income Management Record;
11
(c) an amount equal to the deductible portion of the payment is
12
credited to the person's income management account.
13
(3) For the purposes of subsection (2), the
deductible portion
of a
14
2020 economic support payment is 100% of the amount of the
15
payment.
16
35 Subsection 124PD(1) (after subparagraph (a)(vii) of the
17
definition of
restrictable payment
)
18
Insert:
19
(viia) a first 2020 economic support payment under Division 1
20
of Part 2.6B of the 1991 Act; or
21
(viib) a second 2020 economic support payment under
22
Division 2 of Part 2.6B of the 1991 Act; or
23
(viic) a first 2020 economic support payment under the
24
ABSTUDY Scheme; or
25
(viid) a second 2020 economic support payment under the
26
ABSTUDY Scheme; or
27
(viie) a first 2020 economic support payment under Division 1
28
of Part 9 of the Family Assistance Act; or
29
(viif) a second 2020 economic support payment under
30
Division 2 of Part 9 of the Family Assistance Act; or
31
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
35
Veterans' Entitlements Act 1986
1
36 Paragraph 5H(8)(paa)
2
Omit "or ETR payment", substitute ", ETR payment, first 2020
3
economic support payment or second 2020 economic support payment".
4
37 After paragraph 5H(8)(zzak)
5
Insert:
6
(zzal) a first 2020 economic support payment under Division 1 of
7
Part IIIH;
8
(zzam) a second 2020 economic support payment under Division 2
9
of Part IIIH;
10
38 After Part IIIG
11
Insert:
12
Part IIIH--2020 economic support payment
13
Division 1--First 2020 economic support payment
14
67L First 2020 economic support payment
15
(1) A person is eligible for a first 2020 economic support payment if
16
Division 3 applies to the person on a day in the period:
17
(a) starting on 12 March 2020; and
18
(b) ending on 13 April 2020.
19
(2) The amount of a person's first 2020 economic support payment
20
under this Division is $750.
21
67M More than one entitlement
22
(1) A person may receive one payment only under this Division,
23
regardless of how many times the person becomes eligible under
24
section 67L.
25
(2) If:
26
(a) a first 2020 economic support payment under the ABSTUDY
27
Scheme; or
28
Schedule 4
Stimulus payments to households to support growth
36
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
(b) a first 2020 economic support payment under Division 1 of
1
Part 9 of the Family Assistance Act; or
2
(c) a first 2020 economic support payment under Division 1 of
3
Part 2.6B of the Social Security Act;
4
is paid to a person, no payment under this Division can be paid to
5
the person.
6
67N Claim not required for first 2020 economic support payment
7
A claim is not required for a first 2020 economic support payment
8
under this Division.
9
67P Payment of first 2020 economic support payment
10
(1) If a person is eligible for a first 2020 economic support payment
11
under this Division, the Commission must, subject to
12
subsection (2), pay the payment to the person in a single lump sum:
13
(a) on the date that the Commission considers to be the earliest
14
date on which it is reasonably practicable for the payment to
15
be paid; and
16
(b) in such manner as the Commission considers appropriate.
17
(2) The Commission must not pay the payment on or after 1 July 2022.
18
Division 2--Second 2020 economic support payment
19
67Q Second 2020 economic support payment
20
(1) A person is eligible for a second 2020 economic support payment
21
if:
22
(a) Division 3 applies to the person on 10 July 2020; and
23
(b) the person does not receive COVID-19 supplement under the
24
Social Security Act in respect of 10 July 2020.
25
(2) The amount of a person's second 2020 economic support payment
26
under this Division is $750.
27
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
37
67R More than one entitlement
1
(1) A person may receive one payment only under this Division,
2
regardless of how many times the person becomes eligible under
3
section 67Q.
4
(2) If:
5
(a) a second 2020 economic support payment under the
6
ABSTUDY Scheme; or
7
(b) a second 2020 economic support payment under Division 2
8
of Part 9 of the Family Assistance Act; or
9
(c) a second 2020 economic support payment under Division 2
10
of Part 2.6B of the Social Security Act;
11
is paid to a person, no payment under this Division can be paid to
12
the person.
13
67S Claim not required for second 2020 economic support payment
14
A claim is not required for a second 2020 economic support
15
payment under this Division.
16
67T Payment of second 2020 economic support payment
17
(1) If a person is eligible for a second 2020 economic support payment
18
under this Division, the Commission must, subject to
19
subsection (2), pay the payment to the person in a single lump sum:
20
(a) on the date, occurring on or after 10 July 2020, that the
21
Commission considers to be the earliest date on which it is
22
reasonably practicable for the payment to be paid; and
23
(b) in such manner as the Commission considers appropriate.
24
(2) The Commission must not pay the payment on or after 1 July 2023.
25
Division 3--Eligibility
26
67U Purpose of this Division
27
This Division applies for the purposes of subsection 67L(1) and
28
paragraph 67Q(1)(a).
29
Note:
Sections 67V to 67ZA are subject to section 67ZB (residence
30
requirement).
31
Schedule 4
Stimulus payments to households to support growth
38
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
67V Payments under this Act
1
Service pension or income support supplement
2
(1) This Division applies to a person on a day if service pension or
3
income support supplement is payable to the person on that day.
4
(2) For the purposes of subsection (1), and without limiting that
5
subsection, service pension or income support supplement is taken
6
to be payable to a person on a day (the
test day
) if:
7
(a) service pension or income support supplement ceases to be
8
payable to the person on a day (the
cessation day
) occurring
9
on or before the test day; and
10
(b) that cessation occurs because of employment income the
11
person or the person's partner earns, derives or receives
12
(either alone or in combination with any other ordinary
13
income earned, derived or received by the person or the
14
person's partner); and
15
(c) were it not for the employment income, or the combined
16
income, referred to in paragraph (b), the pension or
17
supplement would be payable to the person throughout the
18
period:
19
(i) starting on the cessation day; and
20
(ii) ending on the test day; and
21
(d) the cessation day occurs no earlier than 12 weeks before the
22
test day.
23
Disability pension or war widow's/widower's pension under
24
Part II or IV
25
(3) This Division applies to a person on a day if:
26
(a) the person receives for that day a pension under Part II or IV
27
at a rate determined under or by reference to section 22, 23,
28
24, 25 or 27; and
29
(b) the person's rate of the pension is greater than nil for that
30
day.
31
(4) This Division applies to a person on a day if:
32
(a) the person receives for that day a pension under Part II or IV
33
at a rate determined under or by reference to
34
subsection 30(1); and
35
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
39
(b) the person's rate of the pension is greater than nil for that
1
day.
2
(5) For the purposes of subsections (3) and (4), a person is taken to
3
receive a pension under Part II or IV at a rate greater than nil even
4
if the person's rate would be nil, or pension would not be payable,
5
merely because the rate is reduced, or pension is not payable, under
6
Division 4, 5 or 5A of Part II or section 74.
7
Veteran payment
8
(6) This Division applies to a person on a day if:
9
(a) veteran payment is payable to the person on that day; and
10
(b) veteran payment is so payable because of a claim made on or
11
before that day.
12
67W Veterans' Children Education Scheme
13
This Division applies to a person on a day if:
14
(a) a payment under the Veterans' Children Education Scheme is
15
payable to the person on that day; and
16
(b) the payment is so payable because of a claim the person
17
makes on or before that day; and
18
(c) the person turns 16 on or before that day.
19
67X Seniors health card, gold card etc.
20
Seniors health card
21
(1) This Division applies to a person on a day if:
22
(a) the person makes a claim for a seniors health card under
23
Division 2 of Part VIIC on or before that day; and
24
(b) the person does not withdraw that claim on or before that
25
day; and
26
(c) the person is eligible for the card on that day.
27
(2) This Division applies to a person on a day if:
28
(a) the person is the holder of a seniors health card on that day
29
because of subsection 118XA(3); and
30
(b) the person is eligible for the card on that day.
31
Schedule 4
Stimulus payments to households to support growth
40
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Gold card
1
(3) This Division applies to a person on a day if:
2
(a) the person is, on that day, the holder of a card, known as the
3
Repatriation Health Card--For All Conditions, that
4
evidences the person's eligibility under this Act or the
5
MRCA to be provided with treatment for all injuries or
6
diseases; and
7
(b) the person is eligible for the card on that day.
8
(4) This Division applies to a person on a day if:
9
(a) the person makes a claim, on or before that day, under:
10
(i) section 8 of the
Australian Participants in British
11
Nuclear Tests and British Commonwealth Occupation
12
Force (Treatment) Act 2006
; or
13
(ii) section 9 of the
Treatment Benefits (Special Access) Act
14
2019
;
15
for a determination that he or she is an eligible person; and
16
(b) the person does not withdraw that claim on or before that
17
day; and
18
(c) the person is an eligible person (within the meaning of that
19
Act) on that day.
20
Fringe benefits
21
(5) This Division applies to a person on a day if the person is eligible
22
for fringe benefits under subsection 53A(1A) of this Act on that
23
day.
24
67Y MRCA
25
Compensation for permanent impairment
26
(1) This Division applies to a person on a day if either or both of the
27
following apply:
28
(a) weekly compensation under Part 2 of Chapter 4 of the
29
MRCA:
30
(i) is payable to the person for that day; or
31
Stimulus payments to households to support growth
Schedule 4
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
41
(ii) would be payable to the person for that day apart from
1
paragraph 398(3)(b) of the MRCA and offsetting
2
described in subsection 13(4) of the
Military
3
Rehabilitation and Compensation (Consequential and
4
Transitional Provisions) Act 2004
;
5
(b) the person receives lump sum compensation under Part 2 of
6
Chapter 4 of the MRCA on or before that day.
7
Special Rate Disability Pension
8
(2) This Division applies to a person on a day if Special Rate
9
Disability Pension under the MRCA:
10
(a) is payable to the person for that day; or
11
(b) would be payable to the person for that day apart from
12
section 204, and paragraph 398(3)(b), of the MRCA.
13
Compensation for wholly dependent partners
14
(3) This Division applies to a person on a day if either or both of the
15
following apply:
16
(a) weekly compensation under Division 2 of Part 2 of Chapter 5
17
of the MRCA either:
18
(i) is payable to the person for that day; or
19
(ii) would be payable to the person for that day apart from
20
paragraph 398(3)(b) of the MRCA;
21
(b) both:
22
(i) the person receives lump sum compensation under
23
Division 2 of Part 2 of Chapter 5 of the MRCA on or
24
before that day; and
25
(ii) subsection 388(6) of the MRCA does not apply to the
26
person before that day.
27
67Z Education scheme under MRCA
28
This Division applies to a person on a day if:
29
(a) a payment under the scheme determined under section 258 of
30
the MRCA is payable to the person on that day; and
31
(b) the payment is so payable because of a claim the person
32
makes on or before that day; and
33
(c) the person turns 16 on or before that day.
34
Schedule 4
Stimulus payments to households to support growth
42
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
67ZA
Safety, Rehabilitation and Compensation (Defence-related
1
Claims) Act 1988
2
This Division applies to a person on a day if:
3
(a) at any time, the person receives a payment of compensation
4
under section 24 of the
Safety, Rehabilitation and
5
Compensation (Defence-related Claims) Act 1988
; and
6
(b) the payment is paid because of a claim the person makes on
7
or before that day.
8
67ZB Residence requirement
9
Despite sections 67V to 67ZA, this Division does not apply to a
10
person on a day if the person does not reside in Australia on that
11
day.
12
Delegation by Director of Human Biosecurity
Schedule 5
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
43
Schedule 5--Delegation by Director of Human
1
Biosecurity
2
3
Biosecurity Act 2015
4
1 At the end of Part 3 of Chapter 10
5
Add:
6
544A Delegation of Director's functions or powers relating to
7
human biosecurity control orders
8
(1) The Director of Human Biosecurity may, in writing, delegate any
9
or all of the Director's functions or powers under Part 3 of
10
Chapter 2 (human biosecurity control orders) to an SES employee,
11
or an acting SES employee, in the Health Department who is a
12
human biosecurity officer.
13
Note 1:
The expressions
SES employee
and
acting SES employee
are defined
14
in section 2B of the
Acts Interpretation Act 1901
.
15
Note 2:
See also sections 34AA to 34A of the
Acts Interpretation Act 1901
,
16
which contain extra rules about delegations.
17
(2) In performing any functions or exercising any powers under a
18
delegation made under subsection (1), the delegate must comply
19
with any directions of the Director of Human Biosecurity.
20
(3) A human biosecurity officer cannot, under a delegation made under
21
subsection (1), perform a function or exercise a power under
22
section 72 in relation to a human biosecurity control order if the
23
human biosecurity officer:
24
(a) imposed the order under paragraph 60(1)(b); or
25
(b) made the request under subsection 71(3) in relation to the
26
order.
27
Schedule 6
Environmental management charges
44
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Schedule 6--Environmental management
1
charges
2
3
Great Barrier Reef Marine Park Regulations 2019
4
1 At the end of section 217
5
Add:
6
Coronavirus economic response
7
(5) However, the amount of the standard tourist program charge that is
8
payable for a day in the period beginning on 1 April 2020 and
9
ending on 31 December 2020 is nil. This subsection does not affect
10
the calculation in subsection (3).
11
(6) Subsection (5) and this subsection are repealed at the end of
12
31 December 2020.
13
2 At the end of section 219
14
Add:
15
Coronavirus economic response
16
(3) However, the amount of the standard tourist program charge that is
17
payable for a tour that takes 3 hours or less on a day in the period
18
beginning on 1 April 2020 and ending on 31 December 2020 is nil.
19
(4) Subsection (3) and this subsection are repealed at the end of
20
31 December 2020.
21
3 At the end of section 220
22
Add:
23
Coronavirus economic response
24
(3) However, the amount of the standard tourist program charge that is
25
payable under subsection (1) for a tour on a day in the period
26
beginning on 1 April 2020 and ending on 31 December 2020 is nil.
27
(4) Subsection (3) and this subsection are repealed at the end of
28
31 December 2020.
29
Environmental management charges
Schedule 6
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
45
4 At the end of section 223
1
Add:
2
Coronavirus economic response
3
(5) However, the amount of a charge that is payable under this section
4
for any of the following quarters is nil:
5
(a) the quarter beginning on 1 April 2020;
6
(b) the quarter beginning on 1 July 2020;
7
(c) the quarter beginning on 1 October 2020.
8
(6) Subsection (5) and this subsection are repealed at the end of
9
31 December 2020.
10
5 At the end of section 224
11
Add:
12
Coronavirus economic response
13
(5) However, the amount of a charge that is payable under this section
14
in respect of an activity that is undertaken in any of the following
15
quarters is nil:
16
(a) the quarter beginning on 1 April 2020;
17
(b) the quarter beginning on 1 July 2020;
18
(c) the quarter beginning on 1 October 2020.
19
(6) Subsection (5) and this subsection are repealed at the end of
20
31 December 2020.
21
Schedule 7
Assistance for apprentices and trainees and the aviation sector
Part 1
Education, Skills and Employment programs
46
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Schedule 7--Assistance for apprentices and
1
trainees and the aviation sector
2
Part 1--Education, Skills and Employment programs
3
Financial Framework (Supplementary Powers)
4
Regulations 1997
5
1 In the appropriate position in Part 4 of Schedule 1AB (table)
6
Insert:
7
8
408
Coronavirus Economic
Response--Assistance for
Apprentices and Trainees
To provide payments to eligible employers
of apprentices and trainees, Australian
Apprenticeship Support Network providers
and Group Training Organisations to:
(a) encourage and support apprenticeships
and traineeships; and
(b) assist businesses, apprentices and
trainees who may suffer adverse
economic effects of the Coronavirus
known as COVID-19.
This objective also has the effect it would
have if it were limited to measures:
(a) to give effect to Australia's obligations
under one or more of the following:
(i) the International Covenant on
Economic, Social and Cultural
Rights, particularly Articles 2 and
6;
(ii) the International Labour
Organization's Convention
concerning Employment Policy,
particularly Articles 1 and 2;
(iii) the International Labour
Organization's Convention
concerning Vocational Guidance
and Vocational Training in the
Development of Human
Resources, particularly Articles 1,
2, 3 and 4; or
Assistance for apprentices and trainees and the aviation sector
Schedule 7
Education, Skills and Employment programs
Part 1
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
47
(b) that are peculiarly adapted to the
government of a nation and cannot
otherwise be carried on for the benefit of
the nation.
1
Schedule 7
Assistance for apprentices and trainees and the aviation sector
Part 2
Infrastructure, Transport, Regional Development and Communications
programs
48
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Part 2--Infrastructure, Transport, Regional
1
Development and Communications
2
programs
3
Financial Framework (Supplementary Powers)
4
Regulations 1997
5
2 In the appropriate position in Part 4 of Schedule 1AB (table)
6
Insert:
7
8
409
Coronavirus Economic
Response--Aviation
Support Program
To provide financial assistance to
participants in the Australian aviation sector
to assist with the impact on the sector of the
Coronavirus known as COVID-19.
This objective also has the effect it would
have if it were limited to measures:
(a) that are peculiarly adapted to the
government of a nation and cannot
otherwise be carried on for the benefit of
the nation; or
(b) relating to trade and commerce with
other countries, or among the States and
Territories; or
(c) for the purposes of the defence of the
Commonwealth and of the States; or
(d) to give effect to Australia's obligations
under Annex 17 to the Convention on
International Civil Aviation, particularly
Chapter 4 of that Annex; or
(e) in, or in relation to, a Territory.
9
Providing flexibility in the Corporations Act
Schedule 8
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
49
Schedule 8--Providing flexibility in the
1
Corporations Act
2
3
Corporations Act 2001
4
1 After Part 9.10
5
Insert:
6
Part 9.11--Coronavirus known as COVID-19
7
8
1362A Coronavirus known as COVID-19
9
(1) If subsection (2) applies, the Minister may, by legislative
10
instrument:
11
(a) exempt classes of persons from the operation of specified
12
provisions of this Act or the regulations; or
13
(b) modify the operation of specified provisions of this Act or
14
the regulations in relation to classes of persons.
15
Note:
The Minister may only make instruments during the 6 months
16
beginning on the day this section commences (see subsection (5)). An
17
instrument may be in force for a maximum of 6 months (see
18
paragraph (4)(a)).
19
(2) This subsection applies if the Minister is satisfied that:
20
(a) it would not be reasonable to expect the persons in the class
21
to comply with the provisions because of the impact of the
22
coronavirus known as COVID-19; or
23
(b) the exemption or modification is otherwise necessary or
24
appropriate in order to:
25
(i) facilitate continuation of business in circumstances
26
relating to the coronavirus known as COVID-19; or
27
(ii) mitigate the economic impact of the coronavirus known
28
as COVID-19.
29
(3) A legislative instrument made under subsection (1) may exempt or
30
modify generally or subject to specified conditions. A person to
31
whom a condition applies must comply with the condition. The
32
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Providing flexibility in the Corporations Act
50
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Court may, on application by ASIC, order the person to comply
1
with the condition.
2
(4) A legislative instrument made under subsection (1) ceases to be in
3
force:
4
(a) at the end of the period of 6 months beginning on the day
5
after the instrument is made; or
6
(b) if the instrument specifies an earlier time--at the specified
7
earlier time.
8
(5) A legislative instrument must not be made under subsection (1)
9
after the end of the period of 6 months beginning on the day this
10
section commences. However, this does not prevent the Minister
11
amending an instrument at any time before the instrument ceases to
12
be in force in accordance with subsection (4).
13
Child care
Schedule 9
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
51
Schedule 9--Child care
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Subsection 10(2) (heading)
4
Repeal the heading, substitute:
5
Allowable absences
6
2 Paragraph 10(2)(c)
7
Repeal the paragraph, substitute:
8
(c) either:
9
(i) there have been no more than 41 days in the financial
10
year on which an approved child care service is taken to
11
have provided a session of care to the child under this
12
subsection as a result of this subparagraph; or
13
(ii) if the Minister's rules prescribe a particular event or
14
circumstance--the conditions referred to in
15
subsection (2AA) are met.
16
3 After subsection 10(2)
17
Insert:
18
(2AA) For the purposes of subparagraph (2)(c)(ii), the conditions are that:
19
(a) any conditions prescribed by the Minister's rules for the
20
prescribed event or circumstance are met; and
21
(b) if the Minister's rules prescribe a number of days for the
22
event or circumstance for all or part of the financial year--
23
there have been no more than that number of days, in the
24
financial year or the part of the financial year, on which an
25
approved child care service is taken to have provided a
26
session of care to the child under subsection (2) as a result of
27
subparagraph (2)(c)(ii) in relation to that event or
28
circumstance.
29
4 Subsection 10(3) (heading)
30
Repeal the heading, substitute:
31
Schedule 9
Child care
52
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
More than the number of allowable absences
1
5 Paragraph 10(3)(a)
2
Repeal the paragraph, substitute:
3
(a) the service is not taken to have provided the session of care
4
to the child on the day under subsection (2); and
5
6 Subsection 10(3A)
6
After "or (iii)", insert "or paragraph (3)(e)".
7
7 Application
8
The amendments of the
A New Tax System (Family Assistance) Act
9
1999
made by this Schedule apply in relation to the 2019-2020 financial
10
year and later financial years.
11
A New Tax System (Family Assistance) (Administration) Act
12
1999
13
8 After subsection 201B(1)
14
Insert:
15
Exception because of prescribed event or circumstance
16
(1A) The provider is not required to take reasonable steps in relation to a
17
session of care provided by the service to the child if:
18
(a) the Minister's rules prescribe a particular event or
19
circumstance; and
20
(b) the session of care is provided during the period prescribed
21
by the Minister's rules for that event or circumstance; and
22
(c) any other conditions prescribed by the Minister's rules for
23
that event or circumstance are met.
24
Note:
A defendant bears an evidential burden in relation to the matters
25
mentioned in this subsection: see subsection 13.3(3) of the
Criminal
26
Code
and section 96 of the Regulatory Powers Act.
27
9 Subsections 201C(1) and (1A)
28
Repeal the subsections, substitute:
29
Child care
Schedule 9
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
53
Duty to charge no more than usual hourly session fee
1
(1) The approved provider of a child care service must not charge an
2
individual who is eligible for ACCS for a session of care provided
3
by the service an hourly session fee that exceeds the hourly session
4
fee that:
5
(a) the provider would ordinarily charge an individual who is
6
eligible for CCS for the session of care; or
7
(b) if the provider is not taking reasonable steps in relation to the
8
session of care because of subsection 201B(1A)--the
9
provider charged immediately before the beginning of the
10
period prescribed for the purposes of paragraph 201B(1A)(b).
11
(1A) The approved provider of a child care service must not charge an
12
individual who benefits from a payment prescribed by the
13
Minister's rules for the purposes of paragraph 2(2A)(c) of
14
Schedule 2 to the Family Assistance Act (a
prescribed payment
) in
15
respect of a session of care provided by the service an hourly
16
session fee that exceeds the hourly session fee that:
17
(a) the provider would ordinarily charge an individual who does
18
not receive a prescribed payment; or
19
(b) if the provider is not taking reasonable steps in relation to the
20
session of care because of subsection 201B(1A)--the
21
provider charged immediately before the beginning of the
22
period prescribed for the purposes of paragraph 201B(1A)(b).
23
(1B) If the approved provider of a child care service is not taking
24
reasonable steps in relation to a session of care provided by the
25
service to a child because of subsection 201B(1A), the provider
26
must not charge an individual who is eligible for CCS for the
27
session of care an hourly session fee that exceeds the hourly
28
session fee that the provider charged immediately before the
29
beginning of the period prescribed for the purposes of
30
paragraph 201B(1A)(b).
31
10 Subsections 201C(2) and (3)
32
Omit "or (1A)", substitute ", (1A) or (1B)".
33
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Superannuation drawdowns
54
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Schedule 10--Superannuation drawdowns
1
2
Retirement Savings Accounts Regulations 1997
3
1 Clause 3A of Schedule 1
4
Omit "and 1 July 2010,", substitute ", 1 July 2010, 1 July 2019 and
5
1 July 2020,".
6
2 Clause 3A of Schedule 1A
7
Omit "and 1 July 2010,", substitute ", 1 July 2010, 1 July 2019 and
8
1 July 2020,".
9
3 Clause 10 of Schedule 4
10
Omit "and 1 July 2010,", substitute ", 1 July 2010, 1 July 2019 and
11
1 July 2020,".
12
4 Clause 3A of Schedule 5
13
Omit "and 1 July 2010,", substitute ", 1 July 2010, 1 July 2019 and
14
1 July 2020,".
15
Superannuation Industry (Supervision) Regulations 1994
16
5 Clause 3A of Schedule 1A
17
Omit "and 1 July 2010,", substitute ", 1 July 2010, 1 July 2019 and
18
1 July 2020,".
19
6 Clause 3A of Schedule 1AAB
20
Omit "and 1 July 2010,", substitute ", 1 July 2010, 1 July 2019 and
21
1 July 2020,".
22
7 Clause 10 of Schedule 6
23
Omit "and 1 July 2010,", substitute ", 1 July 2010, 1 July 2019 and
24
1 July 2020,".
25
8 Clause 4A of Schedule 7
26
Omit "and 1 July 2010,", substitute ", 1 July 2010, 1 July 2019 and
27
1 July 2020,".
28
Additional support for income support recipients
Schedule 11
Main amendments
Part 1
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
55
Schedule 11--Additional support for income
1
support recipients
2
Part 1--Main amendments
3
Farm Household Support Act 2014
4
1 Subsection 42(1)
5
Omit "subsection (2)", substitute "subsections (2) and (3)".
6
2 At the end of section 42
7
Add:
8
(3) Subsection (1) does not apply to a person during the period
9
covered by subsection 646(2) of the Social Security Act.
10
3 At the end of section 48
11
Add:
12
(5) Subsection (2) does not apply to a person during the period
13
covered by subsection 646(2) of the Social Security Act.
14
4 Paragraph 94(b)
15
After "allowance)", insert ", except section 557".
16
5 Paragraph 94(d)
17
After "payment)", insert ", except section 646".
18
Social Security Act 1991
19
6 Subsection 7(7)
20
Omit "paragraph 540(d), subparagraphs 593(1)(g)(ii) and
21
593(1D)(b)(ii)", substitute "subparagraphs 540(d)(ii), 540BA(1)(d)(ii)
22
and 593(1)(g)(ii), (1D)(b)(ii) and (5)(b)(ii)".
23
7 At the end of section 500Q
24
Add:
25
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Additional support for income support recipients
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Main amendments
56
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
(6) This section does not apply to a person during the period covered
1
by subsection 504(2).
2
8 Subsection 500WA(1)
3
Omit "subsection (2)", substitute "subsections (2) and (4)".
4
9 At the end of section 500WA
5
Add:
6
(4) Subsection (1) does not apply to a person during the period
7
covered by subsection 504(2).
8
10 At the end of section 500X
9
Add:
10
(6) Subsection (1) does not apply to a person during the period
11
covered by subsection 504(2).
12
11 At the end of section 500Z
13
Add:
14
(4) Subsection (2) does not apply to a person during the period
15
covered by subsection 504(2).
16
12 At the end of Subdivision A of Division 4 of Part 2.10
17
Add:
18
504 COVID-19 supplement
19
(1) If a person is receiving a parenting payment, the rate of the
20
person's parenting payment is increased by the amount of the
21
COVID-19 supplement.
22
Cessation of supplement
23
(2) This section ceases to apply at the end of:
24
(a) the period (the
initial period
) of 6 months beginning on the
25
day on which this section commences, unless paragraph (b)
26
applies; or
27
(b) if a period is extended under subsection (3)--the extended
28
period.
29
Additional support for income support recipients
Schedule 11
Main amendments
Part 1
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
57
(3) The Minister may, by legislative instrument, extend the initial
1
period (or that period as extended one or more times under this
2
subsection) by a period not exceeding 3 months. The Minister must
3
be satisfied that the extension is in response to circumstances
4
relating to the coronavirus known as COVID-19.
5
Amount of supplement
6
(4) For the initial period, the amount of the COVID-19 supplement per
7
fortnight is:
8
(a) $550, unless paragraph (b) applies; or
9
(b) if an amount is determined under subsection (5)--that
10
amount.
11
(5) The Minister may, by legislative instrument, determine an amount
12
for the purposes of paragraph (4)(b).
13
(6) For any extension period, the amount of the COVID-19
14
supplement is to be worked out in accordance with a determination
15
under subsection (7).
16
(7) The Minister may, by legislative instrument, make a determination
17
for the purposes of subsection (6).
18
(8) Without limiting subsection (7), the determination may provide
19
that the amount of COVID-19 supplement per fortnight is nil for
20
specified persons.
21
13 After section 540B
22
Insert:
23
540BA Qualification for youth allowance--coronavirus
24
(1) A person is qualified for a youth allowance in respect of a period
25
if:
26
(a) the person satisfies the requirements determined in an
27
instrument under subsection (2); and
28
(b) the person is not undertaking full-time study and is not a new
29
apprentice; and
30
(c) throughout the period the person is of youth allowance age
31
(see Subdivision D); and
32
(d) throughout the period the person:
33
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Part 1
Main amendments
58
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
(i) is an Australian resident; or
1
(ii) is exempt from the residence requirement within the
2
meaning of subsection 7(7).
3
(2) The Minister may, by legislative instrument, determine
4
requirements for the purposes of paragraph (1)(a). The Minister
5
must be satisfied that the requirements are determined in response
6
to circumstances relating to the coronavirus known as COVID-19.
7
(3) Without limiting subsection (2), the requirements may depend on
8
the Secretary being satisfied of one or more specified matters.
9
(4) A person is not qualified for a youth allowance under
10
subsection (1) after the end of the period covered by
11
subsection 557(2).
12
14 Section 547B
13
Before "A", insert "(1)".
14
15 At the end of section 547B
15
Add:
16
(2) A person who is not undertaking full-time study and is not a new
17
apprentice is excluded from the application of the youth allowance
18
assets test during the period covered by subsection 557(2).
19
16 At the end of section 549A
20
Add:
21
Exception--coronavirus
22
(8) If a person is not undertaking full-time study and is not a new
23
apprentice, subsection (1) does not apply to the person during the
24
period covered by subsection 557(2).
25
17 Subsection 549CA(2)
26
Omit "and (5)", substitute ", (5) and (6)".
27
18 At the end of section 549CA
28
Add:
29
Additional support for income support recipients
Schedule 11
Main amendments
Part 1
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
59
(6) Subsection (2) does not apply to a person during the period
1
covered by subsection 557(2).
2
19 After subsection 549D(6)
3
Insert:
4
Exception--coronavirus
5
(6A) If a person is not undertaking full-time study and is not a new
6
apprentice, subsection (1) does not apply to the person during the
7
period covered by subsection 557(2).
8
20 At the end of section 553C
9
Add:
10
Exemption for coronavirus
11
(7) If a person is not undertaking full-time study and is not a new
12
apprentice, subsection (2) does not apply to the person during the
13
period covered by subsection 557(2).
14
21 After section 556B
15
Insert:
16
557 COVID-19 supplement
17
(1) If a person is receiving youth allowance and the person is not
18
undertaking full-time study and is not a new apprentice, the rate of
19
the person's youth allowance is increased by the amount of the
20
COVID-19 supplement.
21
Cessation of supplement
22
(2) This section ceases to apply at the end of:
23
(a) the period (the
initial period
) of 6 months beginning on the
24
day on which this section commences, unless paragraph (b)
25
applies; or
26
(b) if a period is extended under subsection (3)--the extended
27
period.
28
(3) The Minister may, by legislative instrument, extend the initial
29
period (or that period as extended one or more times under this
30
Schedule 11
Additional support for income support recipients
Part 1
Main amendments
60
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
subsection) by a period not exceeding 3 months. The Minister must
1
be satisfied that the extension is in response to circumstances
2
relating to the coronavirus known as COVID-19.
3
Amount of supplement
4
(4) For the initial period, the amount of the COVID-19 supplement per
5
fortnight is:
6
(a) $550, unless paragraph (b) applies; or
7
(b) if an amount is determined under subsection (5)--that
8
amount.
9
(5) The Minister may, by legislative instrument, determine an amount
10
for the purposes of paragraph (4)(b).
11
(6) For any extension period, the amount of the COVID-19
12
supplement is to be worked out in accordance with a determination
13
under subsection (7).
14
(7) The Minister may, by legislative instrument, make a determination
15
for the purposes of subsection (6).
16
(8) Without limiting subsection (7), the determination may provide
17
that the amount of COVID-19 supplement per fortnight is nil for
18
specified persons.
19
22 At the end of section 593 (after the note)
20
Add:
21
Coronavirus
22
(5) A person is qualified for a jobseeker payment in respect of a period
23
if:
24
(a) the person satisfies the requirements determined in an
25
instrument under subsection (6); and
26
(b) throughout the period the person:
27
(i) is at least 22 years of age and has not reached the
28
pension age; and
29
(ii) is an Australian resident or is exempt from the residence
30
requirement within the meaning of subsection 7(7); and
31
(c) the person was not in receipt of a youth allowance during the
32
period.
33
Additional support for income support recipients
Schedule 11
Main amendments
Part 1
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
61
(6) The Minister may, by legislative instrument, determine
1
requirements for the purposes of paragraph (5)(a). The Minister
2
must be satisfied that the requirements are determined in response
3
to circumstances relating to the coronavirus known as COVID-19.
4
(7) Without limiting subsection (6), the requirements may depend on
5
the Secretary being satisfied of one or more specified matters.
6
(8) A person is not qualified for a jobseeker payment under
7
subsection (5) after the end of the period covered by
8
subsection 646(2).
9
23 Subsection 598(1)
10
Omit "and (8B)", substitute ", (8B) and (8C)".
11
24 After subsection 598(8B)
12
Insert:
13
(8C) Subsection (1) does not apply to a person during the period
14
covered by subsection 646(2).
15
25 At the end of section 611 (after the notes)
16
Add:
17
(3) Subsection (1) does not apply to a person during the period
18
covered by subsection 646(2).
19
26 Subsection 620(1)
20
Omit "and (4)", substitute ", (4) and (5)".
21
27 At the end of section 620
22
Add:
23
(5) Subsection (1) does not apply to a person during the period
24
covered by subsection 646(2).
25
28 At the end of section 623A
26
Add:
27
(10) Subsection (1) does not apply to a person during the period
28
covered by subsection 646(2).
29
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Main amendments
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Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
29 At the end of section 633
1
Add:
2
(7) Subsection (2) does not apply to a person during the period
3
covered by subsection 646(2).
4
30 After section 645
5
Insert:
6
646 COVID-19 supplement
7
(1) If a person is receiving jobseeker payment, the rate of the person's
8
jobseeker payment is increased by the amount of the COVID-19
9
supplement.
10
Cessation of supplement
11
(2) This section ceases to apply at the end of:
12
(a) the period (the
initial period
) of 6 months beginning on the
13
day on which this section commences, unless paragraph (b)
14
applies; or
15
(b) if a period is extended under subsection (3)--the extended
16
period.
17
(3) The Minister may, by legislative instrument, extend the initial
18
period (or that period as extended one or more times under this
19
subsection) by a period not exceeding 3 months. The Minister must
20
be satisfied that the extension is in response to circumstances
21
relating to the coronavirus known as COVID-19.
22
Amount of supplement
23
(4) For the initial period, the amount of the COVID-19 supplement per
24
fortnight is:
25
(a) $550, unless paragraph (b) applies; or
26
(b) if an amount is determined under subsection (5)--that
27
amount.
28
(5) The Minister may, by legislative instrument, determine an amount
29
for the purposes of paragraph (4)(b).
30
Additional support for income support recipients
Schedule 11
Main amendments
Part 1
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
63
(6) For any extension period, the amount of the COVID-19
1
supplement is to be worked out in accordance with a determination
2
under subsection (7).
3
(7) The Minister may, by legislative instrument, make a determination
4
for the purposes of subsection (6).
5
(8) Without limiting subsection (7), the determination may provide
6
that the amount of COVID-19 supplement per fortnight is nil for
7
specified persons.
8
31 Subsection 654(3) (method statement, step 1)
9
Omit "and 644AAA", substitute ", 644AAA and 646".
10
32 Paragraphs 654(5)(d) and (6)(b)
11
Omit "and 644AAA", substitute ", 644AAA and 646".
12
33 At the end of section 680 (after the notes)
13
Add:
14
(4) This section does not apply to a person during the period covered
15
by subsection 646(2).
16
34 At the end of Division 4 of Part 2.14
17
Add:
18
710 COVID-19 supplement
19
(1) If a person is receiving sickness allowance, the rate of the person's
20
sickness allowance is increased by the amount of the COVID-19
21
supplement.
22
(2) The amount of the COVID-19 supplement per fortnight is:
23
(a) $550, unless paragraph (b) applies; or
24
(b) if an amount is determined under subsection (3)--that
25
amount.
26
(3) The Minister may, by legislative instrument, determine an amount
27
for the purposes of paragraph (2)(b).
28
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Main amendments
64
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
35 At the end of section 739A
1
Add:
2
(10) Neither subsection (1) nor (2) applies to a person during the period
3
covered by subsection 646(2).
4
36 At the end of section 745M
5
Add:
6
(4) Subsection (2) does not apply to a person during the period
7
covered by subsection 646(2).
8
37 After section 1061JI
9
Insert:
10
1061JIA Qualification--national health emergency
11
(1) A person is qualified for a crisis payment if:
12
(a) on the day on which the claim for the crisis payment is made:
13
(i) the person has made a claim (whether on the same day
14
or on an earlier day) for a social security pension or
15
benefit; and
16
(ii) the person is qualified for the pension or benefit; and
17
(b) the person satisfies the requirements determined in an
18
instrument under subsection (2).
19
(2) The Minister may, by legislative instrument, determine
20
requirements for the purposes of paragraph (1)(b). The Minister
21
must be satisfied that the requirements relate to a national health
22
emergency.
23
(3) Without limiting subsection (2), the requirements may depend on
24
the Secretary being satisfied of one or more specified matters.
25
38 Section 1061JL
26
Omit "or 1061JI", substitute ", 1061JI or 1061JIA".
27
39 At the end of Part 3.19
28
Add:
29
Additional support for income support recipients
Schedule 11
Main amendments
Part 1
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
65
1210B COVID-19 supplement
1
(1) If:
2
(a) a person is receiving a social security payment (other than
3
parenting payment, youth allowance, jobseeker payment or
4
sickness allowance); and
5
(b) the social security payment is determined in an instrument
6
under subsection (2);
7
then:
8
(c) the rate of the person's social security payment is increased
9
by the amount of the COVID-19 supplement for the period
10
determined in that instrument in relation to that payment; and
11
(d) the amount of the COVID-19 supplement is the fortnightly
12
amount determined in that instrument in relation to that
13
payment.
14
(2) The Minister may, by legislative instrument, make a determination
15
for the purposes of paragraphs (1)(b), (c) and (d). The Minister
16
must be satisfied that the determination is in response to
17
circumstances relating to the coronavirus known as COVID-19.
18
(3) This section ceases to apply at the end of the period covered by
19
subsection 646(2).
20
40 Application provisions
21
(1)
Section 504 of the
Social Security Act 1991
, as added by this Part,
22
applies in relation to working out the rate of parenting payment for days
23
occurring on or after the commencement of this item.
24
(2)
Subsection 540BA(1) of the
Social Security Act 1991
, as inserted by
25
this Part, applies in relation to working out qualification for a youth
26
allowance in respect of a period beginning on or after the
27
commencement of this item.
28
(3)
Section 557 of the
Social Security Act 1991
, as inserted by this Part,
29
applies in relation to working out the rate of youth allowance for days
30
occurring on or after the commencement of this item.
31
(4)
Subsection 593(5) of the
Social Security Act 1991
, as added by this Part,
32
applies in relation to working out qualification for a jobseeker payment
33
in respect of a period beginning on or after the commencement of this
34
item.
35
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Additional support for income support recipients
Part 1
Main amendments
66
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
(5)
Section 646 of the
Social Security Act 1991
, as inserted by this Part,
1
applies in relation to working out the rate of jobseeker payment for days
2
occurring on or after the commencement of this item.
3
(6)
The amendments of section 654 of the
Social Security Act 1991
made
4
by this Part apply in relation to working out the rate of jobseeker
5
payment for days occurring on or after the commencement of this item.
6
(7)
Section 710 of the
Social Security Act 1991
, as added by this Part,
7
applies in relation to working out the rate of sickness allowance for days
8
occurring on or after the commencement of this item.
9
Additional support for income support recipients
Schedule 11
Other amendments
Part 2
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
67
Part 2--Other amendments
1
Social Services and Other Legislation Amendment
2
(Simplifying Income Reporting and Other
3
Measures) Act 2020
4
41 Section 2
5
Repeal the section, substitute:
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
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
before 1 July 2021, they commence on
1 July 2021.
Note:
This table relates only to the provisions of this Act as originally
13
enacted. It will not be amended to deal with any later amendments of
14
this Act.
15
(2) Any information in column 3 of the table is not part of this Act.
16
Information may be inserted in this column, or information in it
17
may be edited, in any published version of this Act.
18
Schedule 12
Temporary relief for financially distressed individuals and businesses
Part 1
Amendments relating to individuals in financial distress
68
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Schedule 12--Temporary relief for financially
1
distressed individuals and businesses
2
Part 1--Amendments relating to individuals in
3
financial distress
4
Bankruptcy Act 1966
5
1 Subsection 5(1)
6
Insert:
7
default period
means:
8
(a) if a period longer than 21 days is prescribed--the prescribed
9
period; or
10
(b) otherwise--21 days.
11
statutory minimum
means:
12
(a) if an amount greater than $5,000 is prescribed--the
13
prescribed amount; or
14
(b) otherwise--$5,000.
15
statutory period
means:
16
(a) if a period longer than 21 days is prescribed--the prescribed
17
period; or
18
(b) otherwise--21 days.
19
2 Subsection 5(1) (paragraph (a) of the definition of
stay
20
period
)
21
Repeal the paragraph, substitute:
22
(a) the default period, beginning on that day, ends; or
23
3 Subsection 5(1) (at the end of paragraph (b) of the
24
definition of
stay period
)
25
Add "or".
26
4 Subsection 5(1)
27
Insert:
28
Temporary relief for financially distressed individuals and businesses
Schedule 12
Amendments relating to individuals in financial distress
Part 1
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
69
time fixed
,
for compliance with a bankruptcy notice, means the
1
period specified in the notice (as required by subsection 41(2A)).
2
5 Subsection 33(1)
3
Omit "the requirements of".
4
6 Subparagraph 40(1)(g)(i)
5
Omit "the time specified in the notice", substitute "the time fixed for
6
compliance with the notice".
7
7 Subparagraph 40(1)(g)(ii)
8
Omit "fixed for the purpose", substitute "specified".
9
8 Subparagraphs 41(1)(a)(ii) and (b)(ii)
10
Omit "$5,000", substitute "the statutory minimum".
11
9 After subsection 41(2)
12
Insert:
13
(2A) The notice must specify a period for compliance with the notice.
14
That period must be:
15
(a) if the notice is to be served in Australia--the statutory period
16
after the debtor is served with the notice; or
17
(b) if the notice is to be served elsewhere--the period specified
18
by the order of the Court giving leave to effect the service.
19
10 Subsections 41(5) and (6)
20
Omit "the time allowed for payment", substitute "the time fixed for
21
compliance with the notice".
22
11 Subsections 41(6A) and (7)
23
Omit "the requirements of".
24
12 Subsection 42(1)
25
Omit "the time allowed by the notice", substitute "the time fixed for
26
compliance with the notice".
27
Schedule 12
Temporary relief for financially distressed individuals and businesses
Part 1
Amendments relating to individuals in financial distress
70
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
13 Paragraph 44(1)(a)
1
Omit "$5,000" (wherever occurring), substitute "the statutory
2
minimum".
3
14 Paragraphs 244(1)(a), (b) and (c)
4
Omit "$5,000", substitute "the statutory minimum".
5
15 Application of amendments
6
The amendments made by items 1 to 14 of this Schedule apply to the
7
following:
8
(a) bankruptcy notices issued on or after the commencement of
9
this Schedule;
10
(b) petitions and declarations presented on or after the
11
commencement of this Schedule.
12
Bankruptcy Regulations 1996
13
16 After regulation 4.02
14
Insert:
15
4.02AA Temporary increase to the statutory minimum and
16
statutory period
17
(1) For the purposes of paragraph (a) of the definition of
statutory
18
minimum
in subsection 5(1) of the Act, the amount prescribed is
19
$20,000.
20
(2) For the purposes of paragraph (a) of the definition of
statutory
21
period
in subsection 5(1) of the Act, the period prescribed is 6
22
months.
23
(3) This regulation is repealed at the end of the period of 6 months
24
starting on the day this regulation commences.
25
17 After regulation 4.10
26
Insert:
27
Temporary relief for financially distressed individuals and businesses
Schedule 12
Amendments relating to individuals in financial distress
Part 1
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
71
4.10A Temporary increase to the default period
1
(1) For the purposes of paragraph (a) of the definition of
default
2
period
in subsection 5(1) of the Act, the period prescribed is 6
3
months.
4
(2) This regulation is repealed at the end of the period of 6 months
5
starting on the day this regulation commences.
6
18 Schedule 1
7
After "(regulation 4.02)", insert:
8
Form 1--Bankruptcy notice
9
19 Paragraph 1 of Bankruptcy Notice in Schedule 1
10
Omit "
*
days".
11
20 Paragraph 1 (note) of Bankruptcy Notice in Schedule 1
12
Repeal the note.
13
Schedule 12
Temporary relief for financially distressed individuals and businesses
Part 2
Amendments relating to businesses in financial distress
72
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Part 2--Amendments relating to businesses in
1
financial distress
2
Corporations Act 2001
3
21 Section 9
4
Insert:
5
statutory period
means:
6
(a) if a period longer than 21 days is prescribed--the prescribed
7
period; or
8
(b) otherwise--21 days.
9
22 Paragraphs 459E(2)(c) and 459F(2)(b)
10
Omit "21 days", substitute "the statutory period".
11
23 Subsection 459G(2)
12
Omit "21 days", substitute "the statutory period".
13
24 Subsection 459G(3)
14
Omit "those 21 days", substitute "that period".
15
25 In the appropriate position in Chapter 10
16
Insert:
17
Part 10.42--Transitional provisions relating to the
18
Coronavirus Economic Response Package
19
Omnibus Act 2020
20
21
1669 Application of amendments made by Schedule 12 to the
22
Coronavirus Economic Response Package Omnibus Act
23
2020
24
The amendments made by Part 2 of Schedule 12 to the
25
Coronavirus Economic Response Package Omnibus Act 2020
26
Temporary relief for financially distressed individuals and businesses
Schedule 12
Amendments relating to businesses in financial distress
Part 2
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
73
apply to statutory demands that are served on or after the
1
commencement of that Schedule.
2
Corporations Regulations 2001
3
26 Before regulation 5.4.01
4
Insert:
5
5.4.01AA Temporary increase to the statutory minimum and
6
statutory period
7
(1) For the purposes of paragraph (a) of the definition of
statutory
8
minimum
in section 9 of the Act, the amount prescribed is
9
$20,000.
10
(2) For the purposes of paragraph (a) of the definition of
statutory
11
period
in section 9 of the Act, the period prescribed is 6 months.
12
(3) This regulation is repealed at the end of the period of 6 months
13
starting on the day this regulation commences.
14
27 Paragraphs 3 and 5 of Form 509H of Schedule 2
15
Omit "21 days", substitute "the statutory period".
16
28 Form 509H (note 2) of Schedule 2
17
Omit "minimum of $2,000.", substitute "minimum. The statutory
18
minimum is $2,000 or a greater amount prescribed by the regulations.
19
For a 6-month period in 2020, a greater amount of $20,000 is prescribed
20
(see the
Coronavirus Economic Response Package Omnibus Act
21
2020
).".
22
29 Form 509H (note 5) of Schedule 2
23
Repeal the note, substitute:
24
5.
The statutory period is 21 days or a longer period prescribed by the
25
regulations. For a 6-month period in 2020, a longer period of 6 months
26
is prescribed (see the
Coronavirus Economic Response Package
27
Omnibus Act 2020
).
28
Schedule 12
Temporary relief for financially distressed individuals and businesses
Part 3
Temporary relief for directors from duty to prevent insolvent trading
74
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Part 3--Temporary relief for directors from duty to
1
prevent insolvent trading
2
Corporations Act 2001
3
30 Paragraph 588E(8A)(a)
4
After "subsection 588GA(1)", insert "or 588GAAA(1)".
5
31 After section 588GA
6
Insert:
7
588GAAA Safe harbour--temporary relief in response to the
8
coronavirus
9
Safe harbour
10
(1) Subsection 588G(2) does not apply in relation to a person and a
11
debt incurred by a company if the debt is incurred:
12
(a) in the ordinary course of the company's business; and
13
(b) during:
14
(i) the 6-month period starting on the day this section
15
commences; or
16
(ii) any longer period that starts on the day this section
17
commences and that is prescribed by the regulations for
18
the purposes of this subparagraph; and
19
(c) before any appointment during that period of an
20
administrator, or liquidator, of the company.
21
(2) A person who wishes to rely on subsection (1) in a proceeding for,
22
or relating to, a contravention of subsection 588G(2) bears an
23
evidential burden in relation to that matter.
24
When the safe harbour does not apply
25
(3) Subsection (1) is taken never to have applied in relation to a person
26
and a debt in the circumstances prescribed by the regulations for
27
the purposes of this subsection.
28
Temporary relief for financially distressed individuals and businesses
Schedule 12
Temporary relief for directors from duty to prevent insolvent trading
Part 3
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
75
Definitions
1
(4) In this section:
2
evidential burden
, in relation to a matter, means the burden of
3
adducing or pointing to evidence that suggests a reasonable
4
possibility that the matter exists or does not exist.
5
32 Subsection 588GB(7) (paragraph (b) of the definition of
6
relevant proceeding
)
7
After "subsection 588GA(1)", insert "or 588GAAA(1)".
8
33 Paragraph 588HA(1)(a)
9
After "safe harbour", insert "described in subsection 588GA(1)".
10
34 Subsection 588WA(1)
11
Repeal the subsection, substitute:
12
(1) Subsection 588V(1) does not apply in relation to a corporation that
13
is the holding company of a company, and to a debt, if:
14
(a) the corporation takes reasonable steps to ensure that either
15
subsection 588GA(1) or 588GAAA(1) (the
safe harbour
16
provision
) applies in relation to:
17
(i) each of the directors of the company; and
18
(ii) the debt; and
19
(b) the safe harbour provision does so apply in relation to each of
20
those directors and to the debt.
21
Schedule 13
Early release of superannuation
76
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Schedule 13--Early release of superannuation
1
2
Income Tax (Transitional Provisions) Act 1997
3
1 At the end of Division 303
4
Add:
5
303-15 Superannuation lump sum member benefit paid to member
6
on compassionate ground relating to the coronavirus
7
A superannuation member benefit that is a superannuation lump
8
sum is not assessable income and is not exempt income if:
9
(a) it is paid from a complying superannuation plan; and
10
(b) it is paid because you satisfy:
11
(i) a condition of release specified in item 107A or 207AA
12
of the table in Schedule 1 to the
Superannuation
13
Industry (Supervision) Regulations 1994
; or
14
(ii) a condition of release specified in item 109AA of the
15
table in Schedule 2 to the
Retirement Savings Accounts
16
Regulations 1997
.
17
Retirement Savings Accounts Regulations 1997
18
2 Subregulation 4.01(2) (definition of
compassionate ground
)
19
Repeal the definition, substitute:
20
compassionate ground
, in relation to the release of an RSA
21
holder's preserved benefits or restricted non-preserved benefits in
22
an RSA, means:
23
(a) a ground listed in subregulation 4.22A(1); or
24
(b) the ground referred to in subregulation 4.22B(1).
25
3 Regulation 4.19
26
Omit "standard set out in regulation 4.20 is", substitute "standards set
27
out regulations 4.20 and 4.20B are".
28
4 At the end of Division 4.2 of Part 4
29
Add:
30
Early release of superannuation
Schedule 13
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
77
4.20B Benefits to be paid as soon as practicable where member
1
satisfies compassionate ground relating to coronavirus
2
(1) This regulation applies if:
3
(a) the Regulator has determined under subregulation 4.22B(3)
4
(about coronavirus) that a specified amount of benefits in an
5
RSA may be released on a compassionate ground; and
6
(b) the RSA provider receives from the Regulator a copy of the
7
determination as referred to in subregulation 4.22B(6).
8
Note:
See item 109AA of Schedule 2.
9
(2) The RSA provider must pay the benefits to the RSA holder as soon
10
as practicable after the RSA provider receives the copy of the
11
determination, without requiring any additional application from
12
the RSA holder.
13
5 Subregulation 4.22A(2)
14
Omit "4.22(2)", substitute "4.22(1)".
15
6 After regulation 4.22A
16
Insert:
17
4.22B Release of benefits on compassionate ground--coronavirus
18
(1) A person may apply to the Regulator for a determination that an
19
amount of the person's preserved benefits, or restricted
20
non-preserved benefits, in a specified RSA or RSAs may be
21
released on the ground that it is required to assist the person to deal
22
with the adverse economic effects of the coronavirus known as
23
COVID-19 if:
24
(a) the person is unemployed; or
25
(b) the person is eligible to receive any of the following under
26
the
Social Security Act 1991
:
27
(i) jobseeker payment;
28
(ii) parenting payment;
29
(iii) special benefit; or
30
(c) the person is eligible to receive youth allowance under the
31
Social Security Act 1991
(other than on the basis that the
32
person is undertaking full-time study or is a new apprentice);
33
or
34
Schedule 13
Early release of superannuation
78
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
(d) the person is eligible to receive farm household allowance
1
under the
Farm Household Support Act 2014
; or
2
(e) on or after 1 January 2020 the person was made redundant, or
3
their working hours were reduced by 20% or more (including
4
to zero); or
5
(f) for a person who is a sole trader--on or after 1 January 2020
6
the person's business was suspended or suffered a reduction
7
in turnover of 20% or more.
8
(2) A person may make 2 applications under subregulation (1) as
9
follows:
10
(a) one in the financial year ending 30 June 2020; and
11
(b) one in the financial year ending 30 June 2021.
12
However, no application may be made after the end of the period
13
of 6 months starting on the day this regulation commences.
14
Note:
This regulation was inserted by the
Coronavirus Economic Response
15
Package Omnibus Act 2020
.
16
(3) The Regulator must determine, in writing, that the person has
17
satisfied, for the purposes of subregulation 4.21(1) or 4.22(1), the
18
condition of release on a compassionate ground if the Regulator
19
has not already made a determination under this regulation or
20
regulation 6.19B of the
Superannuation Industry (Supervision)
21
Regulations 1994
in relation to the person in respect of an
22
application made by the person in the financial year.
23
(4) For the purposes of subregulation (3), treat a revoked
24
determination as not having been made.
25
(5) A determination under this regulation must specify the RSA or
26
RSAs and the amount of the preserved benefits, or restricted
27
non-preserved benefits, that may be released from each specified
28
RSA. The sum of the amounts specified in a determination must
29
not exceed $10,000.
30
(6) If the Regulator makes a determination under this regulation, the
31
Regulator must give a copy of the determination to the person and
32
the RSA provider of each specified RSA.
33
7 After item 109 in Schedule 2 (table)
34
Insert:
35
109AA The Regulator has determined under
A single lump sum, not exceeding
Early release of superannuation
Schedule 13
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
79
subregulation 4.22B(3) (about
coronavirus) that a specified amount
of benefits in the RSA may be
released on a compassionate ground
the amount determined, in writing,
by the Regulator in relation to the
RSA
Superannuation Industry (Supervision) Regulations 1994
1
8 Subregulation 6.01(2) (definition of
compassionate ground
)
2
Repeal the definition, substitute:
3
compassionate ground
, in relation to the release of a member's
4
preserved benefits, or restricted non-preserved benefits, in a
5
superannuation entity, means:
6
(a) a ground listed in subregulation 6.19A(1); or
7
(b) the ground referred to in subregulation 6.19B(1).
8
9 At the end of Division 6.2 of Part 6
9
Add:
10
6.17D Benefits to be paid as soon as practicable where member
11
satisfies compassionate ground relating to coronavirus
12
(1) For the purposes of subsections 31(1) and 32(1) of the Act, the
13
standard set out in subregulation (3) is applicable to the operation
14
of regulated superannuation funds and approved deposit funds.
15
(2) This regulation applies if:
16
(a) the Regulator has determined under subregulation 6.19B(3)
17
(about coronavirus) that a specified amount of benefits in the
18
fund may be released on a compassionate ground; and
19
(b) the trustee of the fund receives from the Regulator a copy of
20
the determination as referred to in subregulation 6.19B(6).
21
Note:
See items 107A and 207AA of Schedule 1.
22
(3) The trustee must pay the benefits to the member as soon as
23
practicable after the trustee receives the copy of the determination,
24
without requiring any additional application from the member.
25
(4) However, subregulation (3) does not apply if it would require the
26
trustee to pay benefits from a defined benefit interest.
27
Schedule 13
Early release of superannuation
80
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
10 After regulation 6.19A
1
Insert:
2
6.19B Release of benefits on compassionate ground--coronavirus
3
(1) A person may apply to the Regulator for a determination that an
4
amount of the person's preserved benefits, or restricted
5
non-preserved benefits, in a specified superannuation entity or
6
entities may be released on the ground that it is required to assist
7
the person to deal with the adverse economic effects of the
8
coronavirus known as COVID-19 if:
9
(a) the person is unemployed; or
10
(b) the person is eligible to receive any of the following under
11
the
Social Security Act 1991
:
12
(i) jobseeker payment;
13
(ii) parenting payment;
14
(iii) special benefit; or
15
(c) the person is eligible to receive youth allowance under the
16
Social Security Act 1991
(other than on the basis that the
17
person is undertaking full-time study or is a new apprentice);
18
or
19
(d) the person is eligible to receive farm household allowance
20
under the
Farm Household Support Act 2014
; or
21
(e) on or after 1 January 2020 the person was made redundant, or
22
their working hours were reduced by 20% or more (including
23
to zero); or
24
(f) for a person who is a sole trader--on or after 1 January 2020
25
the person's business was suspended or suffered a reduction
26
in turnover of 20% or more.
27
(2) A person may make 2 applications under subregulation (1) as
28
follows:
29
(a) one in the financial year ending 30 June 2020; and
30
(b) one in the financial year ending 30 June 2021.
31
However, no application may be made after the end of the period
32
of 6 months starting on the day this regulation commences.
33
Note:
This regulation was inserted by the
Coronavirus Economic Response
34
Package Omnibus Act 2020
.
35
Early release of superannuation
Schedule 13
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
81
(3) The Regulator must determine, in writing, that the person has
1
satisfied, for the purposes of subregulation 6.18(1) or 6.19(1), the
2
condition of release on a compassionate ground if the Regulator
3
has not already made a determination under this regulation or
4
regulation 4.22B of the
Retirement Savings Account
5
Regulations 1997
in relation to the person in respect of an
6
application made by the person in the financial year.
7
(4) For the purposes of subregulation (3), treat a revoked
8
determination as not having been made.
9
(5) A determination under this regulation must specify the
10
superannuation entity or entities and the amount of the preserved
11
benefits, or restricted non-preserved benefits, that may be released
12
from each specified entity. The sum of the amounts specified in a
13
determination must not exceed $10,000.
14
(6) If the Regulator makes a determination under this regulation, the
15
Regulator must give a copy of the determination to the person and
16
the trustee of each specified superannuation entity.
17
11 In the appropriate position in Part 1 of Schedule 1 (table)
18
Insert:
19
107A
The Regulator has determined
under subregulation 6.19B(3)
(about coronavirus) that a specified
amount of benefits in the regulated
superannuation fund may be
released on a compassionate ground
A single lump sum, not exceeding
the amount determined, in writing,
by the Regulator in relation to the
fund
12 After item 207 in Part 2 of Schedule 1 (table)
20
Insert:
21
207AA
The Regulator has determined
under subregulation 6.19B(3)
(about coronavirus) that a specified
amount of benefits in the approved
deposit fund may be released on a
compassionate ground
A single lump sum, not exceeding
the amount determined, in writing,
by the Regulator in relation to the
fund
22
Schedule 14
Medicare levy and Medicare levy surcharge income thresholds
82
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Schedule 14--Medicare levy and Medicare
1
levy surcharge income thresholds
2
3
A New Tax System (Medicare Levy Surcharge--Fringe
4
Benefits) Act 1999
5
1 Paragraphs 15(1)(c) and 16(2)(c)
6
Omit "$22,398", substitute "$22,801".
7
Medicare Levy Act 1986
8
2 Subsection 3(1) (paragraph (a) of the definition of
phase-in
9
limit
)
10
Omit "$44,272", substitute "$45,069".
11
3 Subsection 3(1) (paragraph (c) of the definition of
phase-in
12
limit
)
13
Omit "$27,997", substitute "$28,501".
14
4 Subsection 3(1) (paragraph (a) of the definition of
threshold
15
amount
)
16
Omit "$35,418", substitute "$36,056".
17
5 Subsection 3(1) (paragraph (c) of the definition of
threshold
18
amount
)
19
Omit "$22,398", substitute "$22,801".
20
6 Subsection 8(5) (definition of
family income threshold
)
21
Omit "$37,794", substitute "$38,474".
22
7 Subsection 8(5) (definition of
family income threshold
)
23
Omit "$3,471", substitute "$3,533".
24
8 Subsections 8(6) and (7)
25
Omit "$37,794", substitute "$38,474".
26
Medicare levy and Medicare levy surcharge income thresholds
Schedule 14
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
83
9 Subsection 8(7)
1
Omit "$49,304", substitute "$50,191".
2
10 Paragraph 8D(3)(c)
3
Omit "$22,398", substitute "$22,801".
4
11 Subparagraph 8D(4)(a)(ii)
5
Omit "$22,398", substitute "$22,801".
6
12 Paragraph 8G(2)(c)
7
Omit "$22,398", substitute "$22,801".
8
13 Subparagraph 8G(3)(a)(ii)
9
Omit "$22,398", substitute "$22,801".
10
14 Application of amendments
11
The amendments made by this Schedule apply to assessments for the
12
2019-20 year of income and later years of income.
13
Schedule 15
Intergenerational report
84
Coronavirus Economic Response Package Omnibus Bill 2020
No. , 2020
Schedule 15--Intergenerational report
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Charter of Budget Honesty Act 1998
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1 Paragraph 20(1)(a) of Schedule 1
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Repeal the paragraph, substitute:
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(a) an intergenerational report is to be publicly released and
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tabled on or before 30 June 2021;
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Deferral of sunsetting
Schedule 16
No. , 2020
Coronavirus Economic Response Package Omnibus Bill 2020
85
Schedule 16--Deferral of sunsetting
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1 Deferral of sunsetting
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(1)
This item applies if, on or before 15 October 2020, an Act or legislative
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instrument, or a provision of an Act or legislative instrument, (the
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sunsetting legislation
) would (apart from this item) cease to have any
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operation on a day (the
original sunset day
).
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(2)
A relevant Minister for the sunsetting legislation may, by legislative
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instrument, before the original sunset day, determine that the sunsetting
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legislation:
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(a) continues to operate until a specified day (the
later sunset
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day
) that is no later than 6 months from the original sunset
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day; and
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(b) ceases to operate on that later sunset day.
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(3)
A legislative instrument made under subitem (2) has effect according to
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its terms despite any other law of the Commonwealth.
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(4)
To avoid doubt, and without limiting subitem (1), sunsetting legislation
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may cease to have any operation on a day because:
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(a) the sunsetting legislation is repealed or ceases to be in force
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(however described); or
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(b) any power, right or liability conferred, created or imposed by
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the sunsetting legislation ceases.
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(5)
In this item, a
relevant Minister
for sunsetting legislation is:
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(a) if the sunsetting legislation is an Act or a provision of an
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Act--any Minister who administers the Act or the provision
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(whether alone or together with one or more other Ministers);
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or
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(b) if the sunsetting legislation is a legislative instrument or a
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provision of a legislative instrument--any Minister who
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administers the enabling legislation (within the meaning of
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the
Legislation Act 2003
) under which that legislative
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instrument is made.
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