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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 Legislation Amendment
(Strengthening Income Support) Bill
2021
No. , 2021
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Increasing working age payments
3
Social Security Act 1991
3
Part 2--Qualification for youth allowance or jobseeker
payment--coronavirus
13
Social Security Act 1991
13
Part 3--Ordinary waiting periods
16
Social Security Act 1991
16
Part 4--Income free areas and taper rates
17
Social Security Act 1991
17
Part 5--Portability
19
Social Security Act 1991
19
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Social Services Legislation Amendment
5
(Strengthening Income Support) Act 2021
.
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
2
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
No. , 2021
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. Schedule 1,
Part 1
1 April 2021.
1 April 2021
3. Schedule 1,
Parts 2 and 3
Immediately after the commencement of
Division 2 of Part 1 of Schedule 1 to the
Social Services and Other Legislation
Amendment (Extension of Coronavirus
Support) Act 2020
.
1 April 2021
4. Schedule 1,
Parts 4 and 5
1 April 2021.
1 April 2021
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
Amendments
Schedule 1
Increasing working age payments
Part 1
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
3
Schedule 1--Amendments
1
Part 1--Increasing working age payments
2
Social Security Act 1991
3
1 Point 1066A-B1 (table B)
4
Repeal the table (not including the notes), substitute:
5
6
Table B--Maximum basic rates
Column 1
Item
Column 2
Person's family
situation
Column 3
Rate per year
Column 4
Rate per fortnight
1
Not a member of a
couple and person:
(a) is under 18 years
of age; and
(b) is not
independent; and
(c) is not living away
from the person's
parental home
because of a
medical condition
of the person
$7,883.20
$303.20
2
Not a member of a
couple and person:
(a) is under 18 years
of age; and
(b) either:
(i) is
independent;
or
(ii) is living away
from the
person's
parental
home
$13,325
$512.50
Schedule 1
Amendments
Part 1
Increasing working age payments
4
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
No. , 2021
Table B--Maximum basic rates
Column 1
Item
Column 2
Person's family
situation
Column 3
Rate per year
Column 4
Rate per fortnight
because of a
medical
condition of
the person
3
Not a member of a
couple and person:
(a) has reached 18
years of age; and
(b) is living at home
of parent or
parents; and
(c) is not
independent
$9,219.60
$354.60
4
Not a member of a
couple and person:
(a) has reached 18
years of age; and
(b) either:
(i) is not living at
a home of
parent or
parents; or
(ii) is living at a
home of
parent or
parents, but
is
independent
$13,325
$512.50
5
Partnered
$13,325
$512.50
6
Member of illness
separated couple,
member of respite
care couple or
partnered (partner in
gaol)
$13,325
$512.50
Amendments
Schedule 1
Increasing working age payments
Part 1
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
5
2 Point 1066B-B1 (table B)
1
Repeal the table (not including the notes), substitute:
2
3
Table B--Maximum basic rates
Column 1
Item
Column 2
Person's family
situation
Column 3
Rate per year
Column 4
Rate per fortnight
1
Not a member of a
couple and person:
(a) is under 18 years
of age; and
(b) is not
independent; and
(c) is not living away
from the person's
parental home
because of a
medical condition
of the person
$7,883.20
$303.20
2
Not a member of a
couple and person:
(a) is under 18 years
of age; and
(b) either:
(i) is
independent;
or
(ii) is living away
from the
person's
parental
home
because of a
medical
condition of
the person
$13,325
$512.50
Schedule 1
Amendments
Part 1
Increasing working age payments
6
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
No. , 2021
Table B--Maximum basic rates
Column 1
Item
Column 2
Person's family
situation
Column 3
Rate per year
Column 4
Rate per fortnight
3
Not a member of a
couple and person:
(a) has reached 18
years of age; and
(b) is living at home
of parent or
parents; and
(c) is not
independent
$9,219.60
$354.60
4
Not a member of a
couple and person:
(a) has reached 18
years of age; and
(b) either:
(i) is not living at
a home of
parent or
parents; or
(ii) is living at a
home of
parent or
parents, but
is
independent
$13,325
$512.50
5
Partnered
$13,325
$512.50
6
Member of illness
separated couple,
member of respite
care couple or
partnered (partner in
gaol)
$13,325
$512.50
3 Point 1067G-B2 (table BA)
1
Repeal the table (not including the note), substitute:
2
Amendments
Schedule 1
Increasing working age payments
Part 1
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
7
1
Table BA--Maximum basic rates (people who are not
independent)
Column 1
Item
Column 2
Person's situation
Column 3
Rate
1
Lives at home and not yet 18 years old
$303.20
2
Lives at home and at least 18 years old
$354.60
3
Required to live away from home
$512.50
4 Point 1067G-B3 (table BB)
2
Repeal the table (not including the note), substitute:
3
4
Table BB--Maximum basic rates (people who are independent)
Column 1
Item
Column 2
Person's situation
Column 3
Rate
1
Accommodated independent person and
not yet 18 years old
$303.20
2
Accommodated independent person and at
least 18 years old
$354.60
3
In supported State care and not yet 18
years old
$303.20
4
In supported State care and at least 18
years old
$354.60
5
In unsupported State care
$512.50
6
Not a member of a couple and has a
dependent child
$656
7
Member of a couple and has a dependent
child
$557.90
8
Not an accommodated independent
person, not in supported State care, not in
unsupported State care and does not have a
dependent child
$512.50
5 Point 1067G-B4 (table BC)
5
Repeal the table (not including the note), substitute:
6
7
Schedule 1
Amendments
Part 1
Increasing working age payments
8
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
No. , 2021
Table BC--Maximum basic rates (long term income support
students)
Column 1
Item
Column 2
Person's situation
Column 3
Rate
1
Not independent, lives at home and not a
member of a couple
$423.70
2
Not independent, required to live away
from home and not a member of a couple
$611.90
3
Accommodated independent person and
not a member of a couple
$423.70
4
Independent, not an accommodated
independent person and not a member of a
couple
$611.90
5
Member of a couple
$557.90
6 Subpoint 1067L-B2(1) (table BA)
1
Repeal the table (not including the note), substitute:
2
3
Table BA--Maximum basic rates (persons who are not long term
income support students)
Column 1
Item
Column 2
Person's situation
Column 3
Rate
1
Does not have a dependent child or a YA
child
$512.50
2
Is a member of a couple and has a
dependent child
$557.90
3
Is not a member of a couple and has a
dependent child or YA child
$656
7 Point 1067L-B3 (table BB)
4
Repeal the table, substitute:
5
6
Amendments
Schedule 1
Increasing working age payments
Part 1
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
9
Table BB--Maximum basic rates (persons who are long term
income support students)
Column 1
Item
Column 2
Person's situation
Column 3
Rate
1
Is a member of a couple
$557.90
2
Is not a member of a couple
$611.90
8 Point 1068-B1 (table B)
1
Repeal the table (not including the notes), substitute:
2
3
Table B--Maximum basic rates
Column 1
Column 2
Column 3
Rate
Item
Person's family
situation
Column 3A
Person with
dependent
child
Column 3B
Person
without
dependent
child
4A
Not member of couple
and person:
(a) receives jobseeker
payment or widow
allowance; and
(b) has not turned 60
$667.50
$620.80
Schedule 1
Amendments
Part 1
Increasing working age payments
10
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
No. , 2021
Table B--Maximum basic rates
Column 1
Column 2
Column 3
Rate
Item
Person's family
situation
Column 3A
Person with
dependent
child
Column 3B
Person
without
dependent
child
4B
Not member of couple
and person:
(a) receives jobseeker
payment or widow
allowance; and
(b) has turned 60; and
(c) has not been
receiving one, or a
combination, of
social security
pension or social
security benefit or
service pension,
income support
supplement or
veteran payment for
a continuous period
of at least 9 months
$667.50
$620.80
5
Not member of couple
and person:
(a) has turned 60; and
(b) has been receiving
one, or a
combination, of
social security
pension or social
security benefit or
service pension or
income support
supplement for a
continuous period of
at least 9 months
$667.50
$667.50
Amendments
Schedule 1
Increasing working age payments
Part 1
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
11
Table B--Maximum basic rates
Column 1
Column 2
Column 3
Rate
Item
Person's family
situation
Column 3A
Person with
dependent
child
Column 3B
Person
without
dependent
child
7
Partnered
$565.40
$565.40
9
Member of illness
separated couple
$667.50
$667.50
11
Partnered (partner in
gaol)
$667.50
$667.50
9 Point 1068A-B1
1
Repeal the point, substitute:
2
Maximum basic rate
3
1068A-B1 A person's maximum basic rate is $21,470.80 per year ($825.80
4
per fortnight).
5
Note:
The maximum basic rate is indexed 6 monthly in line with CPI
6
increases (see sections 1191 to 1194).
7
10 Point 1068B-C2 (table C)
8
Repeal the table (not including the notes), substitute:
9
10
Table C--Maximum basic rates
Column 1
Item
Column 2
Person's family situation
Column 3
Rate
1
Person not covered by item 2, 3 or 4
$565.40
2
Member of illness separated couple
$667.50
3
Member of respite care couple
$667.50
4
Partnered (partner in gaol)
$667.50
Schedule 1
Amendments
Part 1
Increasing working age payments
12
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
No. , 2021
11 Application and transitional provisions
1
(1)
The amendments made by this Part apply in relation to working out the
2
rate of a person's disability support pension, youth allowance, austudy
3
payment, jobseeker payment, partner allowance, widow allowance or
4
parenting payment in respect of days occurring on or after the
5
commencement of this item.
6
(2)
For the purposes of indexing an amount:
7
(a) specified in this Part in a point or subpoint of the
Social
8
Security Act 1991
amended or repealed by an item of this
9
Part; and
10
(b) on the first indexation day for the amount that occurs after
11
the commencement of this item;
12
the current figure for the amount immediately before that day is taken to
13
be that specified amount.
14
Amendments
Schedule 1
Qualification for youth allowance or jobseeker payment--coronavirus
Part 2
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
13
Part 2--Qualification for youth allowance or
1
jobseeker payment--coronavirus
2
Social Security Act 1991
3
12 Subsection 7(7)
4
Omit "and 593(1)(g)(ii) and (1D)(b)(ii)", substitute ", 540BA(f)(ii) and
5
593(1)(g)(ii), (1D)(b)(ii) and (5)(e)(ii)".
6
13 After section 540B
7
Insert:
8
540BA Qualification for youth allowance--coronavirus
9
A person is qualified for a youth allowance in respect of a period
10
that occurs between 1 April 2021 and 30 June 2021 if:
11
(a) the Secretary is satisfied that the person is in quarantine or
12
self-isolation as a result of advice from, or a requirement
13
made by, the Commonwealth, a State or a Territory or a
14
health professional regarding the coronavirus known as
15
COVID-19, or is caring for an immediate family member or
16
a member of the person's household who is in such
17
quarantine or self-isolation, throughout the period; and
18
(b) the Secretary is satisfied that, as a result of the circumstance
19
in paragraph (a), the person's working hours were reduced
20
(including to zero); and
21
(c) throughout the period the person satisfies the activity test
22
(see Subdivision B) or is not required to satisfy the activity
23
test (see Subdivision C); and
24
(d) the Secretary is satisfied that:
25
(i) the person is not entitled to receive a leave payment in
26
respect of the period; or
27
(ii) the person has taken reasonable steps to access any
28
leave payment to which the person may be entitled in
29
respect of the period; or
30
(iii) the person is receiving a leave payment in respect of the
31
period but, as a result of the adverse economic effects of
32
Schedule 1
Amendments
Part 2
Qualification for youth allowance or jobseeker payment--coronavirus
14
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
No. , 2021
the coronavirus known as COVID-19, the payment is
1
less than it would otherwise have been; or
2
(iv) the person is receiving a leave payment in respect of the
3
period, but the total amount of the leave payment in the
4
period is less than the amount of youth allowance that
5
would be payable to the person in the period if the
6
person's claim were granted; and
7
(e) throughout the period the person is of youth allowance age
8
(see Subdivision D); and
9
(f) throughout the period the person:
10
(i) is an Australian resident; or
11
(ii) is exempt from the residence requirement within the
12
meaning of subsection 7(7).
13
14 At the end of section 593
14
Add:
15
Coronavirus
16
(5) A person is qualified for a jobseeker payment in respect of a period
17
that occurs between 1 April 2021 and 30 June 2021 if:
18
(a) the Secretary is satisfied that the person is in quarantine or
19
self-isolation as a result of advice from, or a requirement
20
made by, the Commonwealth, a State or a Territory or a
21
health professional regarding the coronavirus known as
22
COVID-19, or is caring for an immediate family member or
23
a member of the person's household who is in such
24
quarantine or self-isolation, throughout the period; and
25
(b) the Secretary is satisfied that, as a result of the circumstance
26
in paragraph (a), the person's working hours were reduced
27
(including to zero); and
28
(c) throughout the period the person satisfies the activity test or
29
is not required to satisfy the activity test; and
30
(d) the Secretary is satisfied that:
31
(i) the person is not entitled to receive a leave payment in
32
respect of the period; or
33
(ii) the person has taken reasonable steps to access any
34
leave payment to which the person may be entitled in
35
respect of the period; or
36
Amendments
Schedule 1
Qualification for youth allowance or jobseeker payment--coronavirus
Part 2
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
15
(iii) the person is receiving a leave payment in respect of the
1
period but, as a result of the adverse economic effects of
2
the coronavirus known as COVID-19, the payment is
3
less than it would otherwise have been; or
4
(iv) the person is receiving a leave payment in respect of the
5
period, but the total amount of the leave payment in the
6
period is less than the amount of jobseeker payment that
7
would be payable to the person in the period if the
8
person's claim were granted; and
9
(e) throughout the period the person:
10
(i) is at least 22 years of age and has not reached the
11
pension age; and
12
(ii) is an Australian resident or is exempt from the residence
13
requirement within the meaning of subsection 7(7); and
14
(f) the person was not in receipt of a youth allowance during the
15
period.
16
Schedule 1
Amendments
Part 3
Ordinary waiting periods
16
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
No. , 2021
Part 3--Ordinary waiting periods
1
Social Security Act 1991
2
15 Subsection 500WA(1)
3
Omit "subsection (2)", substitute "subsections (2) and (4)".
4
16 At the end of section 500WA
5
Add:
6
(4) If a person makes a claim for parenting payment during the period
7
beginning on 1 April 2021 and ending at the end of 30 June 2021,
8
then, despite subsection (1), the person is not subject to the whole
9
of the ordinary waiting period.
10
17 Subsection 549CA(2)
11
Omit "and (5)", substitute ", (5) and (6)".
12
18 At the end of section 549CA
13
Add:
14
(6) If a person makes a claim for youth allowance during the period
15
beginning on 1 April 2021 and ending at the end of 30 June 2021,
16
then, despite subsection (2), the person is not subject to the whole
17
of the ordinary waiting period.
18
19 Subsection 620(1)
19
Omit "and (4)", substitute ", (4) and (5)".
20
20 At the end of section 620
21
Add:
22
(5) If a person makes a claim for jobseeker payment during the period
23
beginning on 1 April 2021 and ending at the end of 30 June 2021,
24
then, despite subsection (1), the person is not subject to the whole
25
of the ordinary waiting period.
26
Amendments
Schedule 1
Income free areas and taper rates
Part 4
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
17
Part 4--Income free areas and taper rates
1
Social Security Act 1991
2
21 Paragraph 1067G-H29(b)
3
Omit "$143", substitute "$150".
4
22 Paragraphs 1067G-H32(c) and 1067G-H33(c)
5
Omit "$107", substitute "$100".
6
23 Point 1068-G12
7
Omit "$100", substitute "$150".
8
24 Point 1068-G12 (note 1)
9
Repeal the note.
10
25 Point 1068-G12 (note 2)
11
Omit "Note 2", substitute "Note".
12
26 Points 1068-G15 and 1068-G16
13
Omit "$150", substitute "$106".
14
27 Point 1068B-D27
15
Omit "$100", substitute "$150".
16
28 Point 1068B-D27 (note 1)
17
Repeal the note.
18
29 Point 1068B-D27 (note 2)
19
Omit "Note 2", substitute "Note".
20
30 Points 1068B-D30 and 1068B-D31
21
Omit "$150", substitute "$106".
22
31 Section 1190 (table item 20AAA)
23
Repeal the item.
24
Schedule 1
Amendments
Part 4
Income free areas and taper rates
18
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
No. , 2021
32 Subsection 1191(1) (table item 14AAA)
1
Repeal the item.
2
33 Application provision
3
The amendments made by this Part apply in relation to working out the
4
rate of a person's youth allowance, jobseeker payment, partner
5
allowance, widow allowance or benefit PP (partnered) in respect of
6
days occurring on or after the commencement of this item.
7
Amendments
Schedule 1
Portability
Part 5
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
19
Part 5--Portability
1
Social Security Act 1991
2
34 Section 1216
3
Before "During", insert "(1)".
4
35 At the end of section 1216
5
Add:
6
(2) If:
7
(a) the 26 weeks mentioned in paragraph (1)(a) ends on or after
8
11 March 2020; and
9
(b) the Secretary is satisfied that the person's absence from
10
Australia is temporary; and
11
(c) the Secretary is satisfied that the person is unable to return to
12
Australia before the end of that 26-week period because of
13
the impact of the coronavirus known as COVID-19;
14
the Secretary may, in relation to the person, determine that a
15
reference to 26 weeks in paragraph (1)(a) is taken to be a reference
16
to another number of weeks. However, the Secretary must ensure
17
that the determination does not result in a period referred to in that
18
paragraph that ends after 30 June 2021.
19
(3) Despite Subdivision B of Division 9 of Part 3 of the
20
Administration Act, a favourable determination (within the
21
meaning of section 108 of that Act) that is made as a result of a
22
determination referred to in subsection (2) of this section may be
23
expressed to take effect on a day earlier than otherwise permitted
24
by that Subdivision.
25
36 At the end of section 1220A
26
Add:
27
(6) If:
28
(a) the 26 weeks mentioned in paragraph (1)(a) ends on or after
29
11 March 2020; and
30
Schedule 1
Amendments
Part 5
Portability
20
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
No. , 2021
(b) the Secretary is satisfied that the person's absence from
1
Australia is temporary; and
2
(c) the Secretary is satisfied that the person is unable to return to
3
Australia before the end of that 26-week period because of
4
the impact of the coronavirus known as COVID-19;
5
the Secretary may, in relation to the person, determine that a
6
reference to 26 weeks in paragraph (1)(a) is taken to be a reference
7
to another number of weeks. However, the Secretary must ensure
8
that the determination does not result in a period referred to in that
9
paragraph that ends after 30 June 2021.
10
(7) Despite Subdivision B of Division 9 of Part 3 of the
11
Administration Act, a favourable determination (within the
12
meaning of section 108 of that Act) that is made as a result of a
13
determination referred to in subsection (6) of this section may be
14
expressed to take effect on a day earlier than otherwise permitted
15
by that Subdivision.
16
37 At the end of section 1220B
17
Add:
18
(3) If:
19
(a) the 26 weeks mentioned in paragraph (1)(a) ends on or after
20
11 March 2020; and
21
(b) the Secretary is satisfied that the person's absence from
22
Australia is temporary; and
23
(c) the Secretary is satisfied that the person is unable to return to
24
Australia before the end of that 26-week period because of
25
the impact of the coronavirus known as COVID-19;
26
the Secretary may, in relation to the person, determine that a
27
reference to 26 weeks in paragraph (1)(a) is taken to be a reference
28
to another number of weeks. However, the Secretary must ensure
29
that the determination does not result in a period referred to in that
30
paragraph that ends after 30 June 2021.
31
(4) Despite Subdivision B of Division 9 of Part 3 of the
32
Administration Act, a favourable determination (within the
33
meaning of section 108 of that Act) that is made as a result of a
34
determination referred to in subsection (3) of this section may be
35
Amendments
Schedule 1
Portability
Part 5
No. , 2021
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
21
expressed to take effect on a day earlier than otherwise permitted
1
by that Subdivision.
2
38 At the end of Part 4.2
3
Add:
4
Division 4--Other portability rules
5
1221A Other portability rules
6
(1) If:
7
(a) the 26 weeks mentioned in paragraph 6(3)(d) or (4)(d) or
8
14(3)(d) or (4)(d) of Schedule 4 to the
Social Services and
9
Other Legislation Amendment Act 2014
ends on or after
10
11 March 2020; and
11
(b) the Secretary is satisfied that the person's return to Australia
12
is temporary; and
13
(c) the Secretary is satisfied that the person is unable to leave
14
Australia before the end of that 26-week period because of
15
the impact of the coronavirus known as COVID-19;
16
the Secretary may, in relation to the person, determine that a
17
reference to 26 weeks in paragraph 6(3)(d) or (4)(d) or 14(3)(d) or
18
(4)(d) of Schedule 4 to the
Social Services and Other Legislation
19
Amendment Act 2014
is taken to be a reference to another number
20
of weeks. However, the Secretary must ensure that the
21
determination does not result in a period referred to in that
22
paragraph that ends after 30 June 2021.
23
(2) Despite Subdivision B of Division 9 of Part 3 of the
24
Administration Act, a favourable determination (within the
25
meaning of section 108 of that Act) that is made as a result of a
26
determination referred to in subsection (1) of this section may be
27
expressed to take effect on a day earlier than otherwise permitted
28
by that Subdivision.
29
39 At the end of clause 128 of Schedule 1A
30
Add:
31
(4) If:
32
Schedule 1
Amendments
Part 5
Portability
22
Social Services Legislation Amendment (Strengthening Income
Support) Bill 2021
No. , 2021
(a) the 26 weeks mentioned in paragraph (1)(b) ends on or after
1
11 March 2020; and
2
(b) the Secretary is satisfied that the person's return to Australia
3
is temporary; and
4
(c) the Secretary is satisfied that the person is unable to leave
5
Australia before the end of that 26-week period because of
6
the impact of the coronavirus known as COVID-19;
7
the Secretary may, in relation to the person, determine that a
8
reference to 26 weeks in paragraph (1)(b) is taken to be a reference
9
to another number of weeks. However, the Secretary must ensure
10
that the determination does not result in a period referred to in that
11
paragraph that ends after 30 June 2021.
12
(5) Despite Subdivision B of Division 9 of Part 3 of the
13
Administration Act, a favourable determination (within the
14
meaning of section 108 of that Act) that is made as a result of a
15
determination referred to in subclause (4) of this clause may be
16
expressed to take effect on a day earlier than otherwise permitted
17
by that Subdivision.
18
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