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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services and Other Legislation
Amendment (Student Assistance and
Other Measures) Bill 2021
No. , 2021
(Social Services)
A Bill for an Act to amend the law relating to
student assistance and social security, and for
related purposes
No. , 2021
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Tax file numbers
3
Student Assistance Act 1973
3
Schedule 2--Information management provisions
9
Social Security Act 1991
9
Student Assistance Act 1973
9
Schedule 3--Other amendments
11
Social Security Act 1991
11
Social Security (Administration) Act 1999
11
Social Security (International Agreements) Act 1999
11
Veterans' Entitlements Act 1986
12
No. , 2021
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
1
A Bill for an Act to amend the law relating to
1
student assistance and social security, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Social Services and Other Legislation Amendment
6
(Student Assistance and Other Measures) Act 2021
.
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
2
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
No. , 2021
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Tax file numbers
Schedule 1
No. , 2021
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
3
Schedule 1--Tax file numbers
1
2
Student Assistance Act 1973
3
1 Subsection 3(1)
4
Insert:
5
TFN declaration
has the same meaning as in Part VA of the
6
Income Tax Assessment Act 1936
.
7
2 Before section 44A
8
Insert:
9
Division 1--Provision and use of tax file numbers
10
3 Section 44A
11
Repeal the section.
12
4 After section 44A
13
Insert:
14
45 Requesting tax file numbers
15
(1) The Secretary may request, but not compel, a person in Australia to
16
give the Secretary a statement of the person's tax file number if the
17
person:
18
(a) is making, or has made, a claim for a benefit under a current
19
special educational assistance scheme; or
20
(b) is receiving a benefit under a current special educational
21
assistance scheme.
22
Note:
For the consequences of not satisfying the request, see section 47.
23
(2) A request under this section may be made orally or in writing.
24
Schedule 1
Tax file numbers
4
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
No. , 2021
46 How request for tax file number is satisfied
1
Satisfying request for tax file number
2
(1) If the Secretary requests a person under section 45 to give the
3
Secretary a statement of the person's tax file number, the person
4
satisfies the request by giving the Secretary, within the period
5
mentioned in subsection (2) of this section (if applicable):
6
(a) the statement of the person's tax file number; or
7
(b) both of the following:
8
(i) a TFN declaration that contains the statement required
9
by subsection (3) of this section;
10
(ii) a document in which the person authorises the
11
Commissioner of Taxation to tell the Secretary the
12
matters mentioned in subsection (4) of this section.
13
Period for satisfying request--person is receiving a benefit under a
14
current special educational assistance scheme
15
(2) If the person is receiving a benefit under a current special
16
educational assistance scheme, the material mentioned in
17
paragraph (1)(a) or (b) must be given within 28 days after the
18
making of the request.
19
Requirements for declarations
20
(3) For the purposes of subparagraph (1)(b)(i), the statement is:
21
(a) a statement that the person:
22
(i) has a tax file number but does not know what it is; and
23
(ii) has asked the Commissioner of Taxation to inform the
24
person of the person's tax file number; or
25
(b) a statement that an application by the person for a tax file
26
number is pending.
27
Requirements for authorisation documents
28
(4) For the purposes of subparagraph (1)(b)(ii), the matters are as
29
follows:
30
(a) if the TFN declaration contains a statement mentioned in
31
paragraph (3)(a):
32
Tax file numbers
Schedule 1
No. , 2021
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
5
(i) whether the person has a tax file number; and
1
(ii) if the person has a tax file number--that number;
2
(b) if the TFN declaration contains a statement mentioned in
3
paragraph (3)(b):
4
(i) if a tax file number is issued to the person--that
5
number; or
6
(ii) if the application for a tax file number is refused or is
7
withdrawn--that fact.
8
47 Consequences of not giving tax file number
9
Consequences of not satisfying request for tax file number
10
(1) If the Secretary makes a request of a person under section 45, the
11
consequences set out in the following table apply if the person does
12
not satisfy the request in accordance with section 46.
13
14
Consequences of not satisfying request for tax file number
Item
If the request under section 45 was
given to ...
the consequence is ...
1
a person:
(a) who is making a claim for a
benefit under a current special
educational assistance scheme;
or
(b) who has made a claim for a
benefit under a current special
educational assistance scheme,
but the claim has not been
determined
the benefit is not payable
2
a person who is receiving a benefit
under a current special educational
assistance scheme
at the end of 28 days after the
Secretary made the request, the
benefit ceases to be payable
Note:
The Secretary may exempt a person from the operation of this
15
subsection: see subsection (3).
16
Schedule 1
Tax file numbers
6
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
No. , 2021
Consequences of person not having tax file number after giving
1
declaration
2
(2) If:
3
(a) the Secretary makes a request of a person under section 45;
4
and
5
(b) the person satisfies the request by giving the Secretary:
6
(i) a TFN declaration that contains the statement required
7
by subsection 46(3); and
8
(ii) a document in which the person authorises the
9
Commissioner of Taxation to tell the Secretary the
10
matters mentioned in subsection 46(4); and
11
(c) the Commissioner of Taxation tells the Secretary that the
12
person does not have a tax file number or that any of the
13
following apply in relation to the person:
14
(i) the person has not applied for a tax file number;
15
(ii) an application by the person for a tax file number has
16
been refused;
17
(iii) the person has withdrawn an application for a tax file
18
number;
19
the consequences set out in the following table apply.
20
21
Consequences of person not having tax file number after giving declaration
Item
If the request under section 45 was
given to ...
the consequence is ...
1
a person:
(a) who is making a claim for a
benefit under a current special
educational assistance scheme;
or
(b) who has made a claim for a
benefit under a current special
educational assistance scheme,
but the claim has not been
determined
the benefit is not payable
2
a person who is receiving a benefit
under a current special educational
assistance scheme
the benefit ceases to be payable
Tax file numbers
Schedule 1
No. , 2021
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
7
Note:
The Secretary may exempt a person from the operation of this
1
subsection: see subsection (3).
2
Exemptions
3
(3) The Secretary may exempt a person who has been given a request
4
under section 45 from the operation of subsection (1) or (2) of this
5
section.
6
47A Use of tax file numbers
7
(1) For the purposes of a current special educational assistance
8
scheme, the Secretary may require the Commissioner of Taxation
9
to provide the Secretary with information about people, including
10
tax file numbers, that was contained in TFN declarations lodged
11
with the Commissioner under Division 3 of Part VA of the
Income
12
Tax Assessment Act 1936
.
13
(2) Information provided to the Secretary under a requirement made
14
under subsection (1) may be used only for the following purposes:
15
(a) to detect cases in which amounts of benefits under a current
16
special educational assistance scheme have been paid when
17
they should not have been paid;
18
(b) to verify, in respect of persons who have made claims for
19
benefits under a current special educational assistance
20
scheme, the qualification of those persons for those benefits;
21
(c) to establish whether the rates or amounts of benefits under a
22
current special educational assistance scheme that are being,
23
or have been, paid are, or were, correct.
24
5 Application and transitional provisions
25
(1)
Paragraph 45(1)(a) of the
Student Assistance Act 1973
, as inserted by
26
this Schedule, applies in relation to the following:
27
(a) a claim that a person commences to make on or after the
28
commencement of this item;
29
(b) a claim that a person made before that commencement, but
30
that had not been determined before that commencement;
31
(c) a claim that a person commenced making before that
32
commencement, but that had not been made before that
33
commencement.
34
Schedule 1
Tax file numbers
8
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
No. , 2021
(2)
Paragraph 45(1)(b) of the
Student Assistance Act 1973
, as inserted by
1
this Schedule, applies in relation to a person who is receiving a benefit
2
on or after the commencement of this item (whether the person
3
commenced receiving the benefit before, on or after that
4
commencement).
5
(3)
A tax file number of a person given to the Secretary under section 44A
6
of the
Student Assistance Act 1973
before the commencement of this
7
item in relation to a current special educational assistance scheme is
8
taken on and after that commencement to have been given to the
9
Secretary under section 46 of that Act.
10
(4)
Paragraphs 47A(2)(a) and (c) of the
Student Assistance Act 1973
, as
11
inserted by this Schedule, apply in relation to the payment of benefits
12
on or after the commencement of this item.
13
(5)
Paragraph 47A(2)(b) of the
Student Assistance Act 1973
, as inserted by
14
this Schedule, applies in relation to the following:
15
(a) a claim made by a person on or after the commencement of
16
this item;
17
(b) a claim made by a person before that commencement, but
18
that had not been determined before that commencement.
19
Information management provisions
Schedule 2
No. , 2021
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
9
Schedule 2--Information management
1
provisions
2
3
Social Security Act 1991
4
1 Subsection 23(1)
5
Insert:
6
current special educational assistance scheme
means:
7
(a) the Assistance for Isolated Children Scheme; or
8
(b) the ABSTUDY Scheme (also known as the Aboriginal Study
9
Assistance Scheme).
10
2 Subparagraphs 1073BB(8)(a)(vi) and (b)(vi)
11
Omit "the ABSTUDY scheme", substitute "a current special
12
educational assistance scheme".
13
Student Assistance Act 1973
14
3 Subsection 3(1) (paragraph (a) of the definition of
protected
15
information
)
16
Omit "the ABSTUDY scheme", substitute "a current special
17
educational assistance scheme".
18
4 Paragraph 343(1)(e)
19
Omit "the ABSTUDY scheme", substitute "a current special
20
educational assistance scheme".
21
5 Subsection 348(1)
22
Omit "the ABSTUDY scheme", substitute "a current special
23
educational assistance scheme".
24
Schedule 2
Information management provisions
10
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
No. , 2021
6 Subsection 351(1)
1
Omit "or the
Dental Benefits Act 2008
(including the purposes of the
2
administration of the ABSTUDY scheme)", substitute "(including the
3
purposes of the administration of a current special educational
4
assistance scheme) or the
Dental Benefits Act 2008
".
5
7 Subsection 351(1) (note 1)
6
Omit "the ABSTUDY scheme", substitute "a current special
7
educational assistance scheme".
8
8 Paragraph 351(2)(d)
9
Omit "the ABSTUDY scheme", substitute "a current special
10
educational assistance scheme".
11
9 Subsection 351(2) (note 1)
12
Omit "the ABSTUDY scheme", substitute "a current special
13
educational assistance scheme".
14
10 Subsection 351(4) (heading)
15
Omit "
ABSTUDY scheme
".
16
11 Subsection 351A(1)
17
Omit "the ABSTUDY scheme" (wherever occurring), substitute "a
18
current special educational assistance scheme".
19
12 Subsection 351A(2)
20
Omit "the ABSTUDY scheme", substitute "a current special
21
educational assistance scheme".
22
13 Paragraph 351A(3)(c)
23
Omit "the ABSTUDY scheme", substitute "a current special
24
educational assistance scheme".
25
Other amendments
Schedule 3
No. , 2021
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
11
Schedule 3--Other amendments
1
2
Social Security Act 1991
3
1 Subsection 23(1) (definition of
social security law
)
4
Omit "subsections (17) and (18)", substitute "subsection (17)".
5
2 Subsections 23(17) and (18)
6
Repeal the subsections, substitute:
7
(17) For the purposes of this Act, the
social security law
is:
8
(a) this Act; and
9
(b) the Administration Act; and
10
(c) any other Act, or provision of an Act, that is expressed to
11
form part of the social security law; and
12
(d) a legislative instrument made under an Act or provision
13
referred to in paragraph (a), (b) or (c).
14
Social Security (Administration) Act 1999
15
3 Subsections 3(3) and (4)
16
Repeal the subsections.
17
4 Subsection 3(6)
18
Repeal the subsection, substitute:
19
(6) Unless a contrary intention appears, a reference in this Act (other
20
than section 243) to this Act includes a reference to regulations
21
made under section 243.
22
5 Section 4
23
Repeal the section.
24
Social Security (International Agreements) Act 1999
25
6 Subsection 3(1)
26
Omit "(1)".
27
Schedule 3
Other amendments
12
Social Services and Other Legislation Amendment (Student Assistance
and Other Measures) Bill 2021
No. , 2021
7 Subsections 3(2) and (3)
1
Repeal the subsections.
2
Veterans' Entitlements Act 1986
3
8 Subsection 5Q(1) (definition of
social security law
)
4
Repeal the definition, substitute:
5
social security law
has the same meaning as in the Social Security
6
Act.
7
9 Application provision
8
Paragraph 23(17)(d) of the
Social Security Act 1991
, as substituted by
9
this Schedule, applies in relation to a legislative instrument made
10
before, on or after the commencement of this item.
11
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