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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Family and
Community Services Legislation Amendment (1999 Budget and Other Measures) Bill
1999
No. ,
1999
(Family and Community
Services)
A Bill for an Act to amend the
law relating to social security, and for related purposes
ISBN: 0642
408394
Contents
A Bill for an Act to amend the law relating to social
security, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Family and Community Services Legislation
Amendment (1999 Budget and Other Measures) Act 1999.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Items 2, 3, 5 and 11 of Schedule 1 commence on 1 January 2001.
(3) Item 4 of Schedule 1 commences on the day on which this Act receives
the Royal Assent.
(4) The rest of Schedule 1 commences, or is taken to have commenced, on
the later of:
(a) 1 January 2000; or
(b) immediately after the commencement of Part 1 of Schedule 2 to the
Youth Allowance Consolidation Act 1999.
(5) Schedule 2 commences, or is taken to have commenced, immediately after
the commencement of section 2 of the A New Tax System (Family Assistance)
(Consequential and Related Measures) Act (No. 2) 1999.
(6) Schedule 3 commences, or is taken to have commenced, on the earlier
of:
(a) 1 January 2000; or
(b) the day on which this Act receives the Royal Assent.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Subsection 10B(2) (definition of
independent employment)
Repeal the definition.
2 After paragraph 500(1)(a)
Insert:
(aa) if section 500E applies to the person—the person satisfies the
immediate responsibility test; and
3 At the end of section 500
Add:
Note 3: Although both members of a couple may qualify for,
and claim, parenting payment, section 500R requires the Secretary to select one
member of the couple to receive the parenting payment.
4 Section 500D
Repeal the section, substitute:
(1) A PP child of a person is a child who:
(a) is a dependent child of the person; and
(b) has not turned 16.
Note: For dependent child see subsections 5(2)
to (9).
(2) For the purpose of determining whether a child is a PP child
of a person, the child is taken to remain in the person’s care
if:
(a) at the start of a period not exceeding 8 weeks, the child leaves the
person’s care; and
(b) throughout the period, the child is the PP child of another person;
and
(c) the child returns, or the Secretary is satisfied that the child will
return, to the first person’s care at the end of the period.
Note: The definition of dependent child in
subsection 5(2) requires a young person to be in an adult’s
care.
(3) Subsection (2) does not, by implication, affect the determination of
whether a child is in the care of a person in cases to which the subsection does
not apply (for example, if the period exceeds 8 weeks).
5 Section 500E
Repeal the section, substitute:
(1) For the purposes of paragraph 500(1)(aa), this section applies to a
person at a particular time if:
(a) each of the person’s PP children (the children) is
also a PP child of another person; and
(b) the person and the other person are not members of the same
couple.
(2) The person satisfies the immediate responsibility test
at that time if the following proportion, expressed as a percentage, is greater
than 60%:
where:
test period means:
(a) if:
(i) the Secretary determines that there is a predictable pattern to the
changes in the arrangements for the immediate responsibility for all of
the children; and
(ii) the shortest period in which the pattern occurs is no longer than 26
weeks; and
(iii) the Secretary determines that it is appropriate to use that period
considering those arrangements;
that period; or
(b) otherwise—the period of 26 weeks;
starting from:
(c) the most recent day when the person began, or ceased, to have
immediate responsibility for a child; or
(d) any other day that the Secretary determines.
(3) For the purposes of subsection (2), only one person in respect of whom
a child is a PP child can have immediate responsibility for the
child at any given time.
6 Paragraphs 1061ZZA(1)(c), (d) and
(e)
Repeal the paragraphs, substitute:
(c) throughout the period youth allowance at the youth allowance general
rate is not payable to the person only because of the operation of one or more
of the following:
(i) Module F (the parental income test) of the Youth Allowance Rate
Calculator in section 1067G;
(ii) Module G (the family actual means test) of that Calculator;
(iii) Subdivision AB (the youth allowance assets test) of Division 2 of
Part 2.11; and
(d) if subparagraph (c)(i) applies—the person’s combined
parental income for the appropriate tax year under Submodule 4 of Module F is
throughout the period less than the person’s modified parental income free
area; and
(e) if subparagraph (c)(ii) applies—the actual means of the
person’s family under Module G is throughout the period less than the
person’s modified parental income free area; and
(ea) if subparagraph (c)(iii) applies—the allowance would have been
payable if the reference to 50% in subsection 547G(2) were instead a reference
to 75%; and
7 Paragraphs 1067G-G9(2)(c) and
(d)
Repeal the paragraphs.
8 At the end of subpoint
1067G-G9(3)
Add:
; (c) if the person spent an amount in the appropriate tax year in
boarding away from home one or more family members who fulfilled either or both
of the following conditions at any time during the year:
(i) the family member qualified for the boarding allowance under the AIC
scheme;
(ii) the family member was a secondary student who was not independent and
was required to live away from home;
an amount of $5,274 for each such family member.
9 Point 1067G-G10
Omit “independent employment”, substitute
“employment”.
10 Point 1067G-G11
Repeal the point.
11 Saving—parenting
payment
If, immediately before this item commences, parenting payment was payable
to a person to whom section 500E (as substituted by this Schedule) applies, then
the person is taken to satisfy the immediate responsibility test in that section
until:
(a) parenting payment stops being payable to the person other than because
of the test; or
(b) the person in fact satisfies the test; or
(c) there is no longer at least one child who has continuously been the PP
child of the person since this item commenced; or
(d) the Secretary is satisfied that if section 500E (as in force
immediately before this item commenced) had still been in force, the Secretary
would have made a determination under that section that each of the
person’s children is a PP child of another person.
1 Subsection 2(2)
Omit “item 63”, substitute “items 22, 63, 66 and
67”.
2 After subsection 2(6)
Insert:
(6A) Items 22 and 66 of Schedule 10 commence on the earlier of:
(a) the day on which the Family and Community Services Legislation
Amendment (1999 Budget and Other Measures) Act 1999 receives the Royal
Assent; or
(b) 1 January 2000.
(6B) If the Superannuation (Unclaimed Money and Lost Members)
Consequential and Transitional Act 1999 (the Superannuation
Act) has not received the Royal Assent when item 22 commences,
then:
(a) item 67 of Schedule 10 commences when item 22 commences; and
(b) when the Superannuation Act receives the Royal Assent then:
(i) item 67A of Schedule 10 is taken to have commenced when item 22
commenced; and
(ii) item 67 is taken never to have commenced.
(6C) Otherwise:
(a) item 67A commences when item 22 commences; and
(b) item 67 does not commence.
3 Subsection 2(9)
Repeal the subsection, substitute:
(9) Item 2 of Schedule 11 commences on the earlier of:
(a) immediately after the commencement of section 2 of the Family and
Community Services Legislation Amendment (1999 Budget and Other Measures) Act
1999; or
(b) 1 January 2000.
4 Item 22 of Schedule 10
After “(Administration) Act 1999”, insert “and
section 5 of the A New Tax System (Family Assistance) (Consequential and
Related Measures) Act (No. 1) 1999”.
5 After item 67 of Schedule
10
Insert:
67A Paragraphs 8WB(1)(d) and
(e)
Omit “or (ka)”, substitute “, (ka), (m) or
(n)”.
1 After section 3
Insert:
(1) A record keeper who has possession or control of a record that
contains personal information may use the information, or disclose the
information to a person, body or agency, for the purposes of establishing the
bonus payment scheme in the A New Tax System (Bonuses for Older Australians)
Act 1999.
(2) To avoid doubt, if information is used or disclosed in accordance with
subsection (1), the use or disclosure is taken, for the purposes of the
Information Privacy Principles set out in section 14 of the Privacy Act
1988, to be authorised by law.
(3) Unless the contrary intention appears, an expression used in this
section has the same meaning as in the Privacy Act 1988.