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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Seasonal Worker Incentives for
Jobseekers) Bill 2017
No. , 2017
(Social Services)
A Bill for an Act to amend the law relating to social
security, and for related purposes
No. , 2017
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Social Security Act 1991
3
Part 2--Other amendments
6
Farm Household Support Act 2014
6
Veterans' Entitlements Act 1986
6
Part 3--Repeals
7
Farm Household Support Act 2014
7
Social Security Act 1991
7
Veterans' Entitlements Act 1986
8
No. , 2017
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
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 (Seasonal
5
Worker Incentives for Jobseekers) Act 2017.
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 (Seasonal Worker Incentives
for Jobseekers) Bill 2017
No. , 2017
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,
Parts 1 and 2
1 July 2017.
1 July 2017
3. Schedule 1,
Part 3
1 July 2020.
1 July 2020
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
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Social Security Act 1991
3
1 Subsection 8(1) (note 3 at the end of the definition of
4
ordinary income)
5
After "1072 and 1073 (ordinary income concept),", insert
6
"section 1073K (seasonal horticultural work income exemption),".
7
2 After paragraph 8(8)(s)
8
Insert:
9
(sa) a payment made by, or on behalf of, the Commonwealth and
10
known as the seasonal work living away and travel
11
allowance;
12
3 After subsection 541(3)
13
Insert:
14
(3A) Paragraph (3)(b) does not apply to a person:
15
(a) if the full-time paid work is qualifying seasonal horticultural
16
work (within the meaning of subsection 1073K(6)); and
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(b) while ordinary income earned, derived or received by the
18
person from that work is being disregarded under
19
subsection 1073K(2).
20
4 Point 1067G-H1 (after paragraph (a) of note 2)
21
Insert:
22
(aa) the seasonal horticultural work income exemption
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(section 1073K);
24
5 Point 1068-G1 (note 3)
25
After:
26
•
the general concept of ordinary income (sections 1072 and 1073);
27
insert:
28
•
the seasonal horticultural work income exemption
29
(section 1073K);
30
Schedule 1 Amendments
Part 1 Main amendments
4
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
No. , 2017
6 Section 1072 (note 2)
1
After "section 1073AA (work bonus),", insert "section 1073K (seasonal
2
horticultural work income exemption),".
3
7 After Division 1AB of Part 3.10
4
Insert:
5
Division 1AC--Seasonal horticultural work income
6
exemption
7
1073K Seasonal horticultural work income exemption
8
(1) This section applies to a person if the Secretary is satisfied that on
9
a day (the placement day) in the 2017-18 or 2018-19 financial year
10
the person is placed in qualifying seasonal horticultural work under
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the program established by the Commonwealth and known as the
12
"Seasonal Horticultural Work program".
13
Note:
For qualifying seasonal horticultural work, see subsection (6).
14
(2) For the purposes of working out the rate of a qualifying payment
15
for the person, disregard the first $5,000 of any ordinary income
16
earned, derived or received by the person from undertaking that
17
work under that program during the period:
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(a) beginning on the first day (the reference day) of the person's
19
instalment period that includes the placement day; and
20
(b) if this section applies to the person in the 2017-18 financial
21
year--ending at the end of the earlier of the following days:
22
(i) the last day of the 12-month period beginning on the
23
reference day;
24
(ii) if this section applies to the person in the 2018-19
25
financial year--the day before this section so applies;
26
and
27
(c) if this section applies to the person in the 2018-19 financial
28
year--ending at the end of the last day of the 12-month
29
period beginning on the reference day.
30
Note:
For qualifying payment, see subsection (5).
31
Amendments Schedule 1
Main amendments Part 1
No. , 2017
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
5
(3) If an amount of ordinary income is disregarded in relation to the
1
person under subsection (2), that amount is also disregarded in
2
relation to the person's partner (if any) for the purposes of this Act.
3
(4) This section applies to a person only once in relation to the
4
2017-18 or 2018-19 financial year, being the first occasion for
5
which subsection (1) is satisfied in relation to that financial year.
6
Qualifying payments
7
(5) For the purposes of this section, a qualifying payment is:
8
(a) newstart allowance; or
9
(b) youth allowance, where neither section 540AA (about new
10
apprentices) nor paragraph 541(1)(a) (about full-time study)
11
applies.
12
Qualifying seasonal horticultural work
13
(6) For the purposes of this section, qualifying seasonal horticultural
14
work is seasonal work of a kind determined in an instrument under
15
subsection (7).
16
Note:
For seasonal work, see section 16A.
17
(7) The Employment Secretary may, by legislative instrument,
18
determine kinds of seasonal work for the purposes of
19
subsection (6).
20
Schedule 1 Amendments
Part 2 Other amendments
6
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
No. , 2017
Part 2--Other amendments
1
Farm Household Support Act 2014
2
8 After paragraph 94(m)
3
Insert:
4
(ma) section 1073K (seasonal horticultural work income
5
exemption);
6
Veterans' Entitlements Act 1986
7
9 After paragraph 5H(8)(he)
8
Insert:
9
(hf) an amount of ordinary income (within the meaning of the
10
Social Security Act 1991) that is disregarded under
11
subsection 1073K(2) of that Act;
12
(hg) a payment made by, or on behalf of, the Commonwealth and
13
known as the seasonal work living away and travel
14
allowance;
15
Amendments Schedule 1
Repeals Part 3
No. , 2017
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
7
Part 3--Repeals
1
Farm Household Support Act 2014
2
10 Paragraph 94(ma)
3
Repeal the paragraph.
4
Social Security Act 1991
5
11 Subsection 8(1) (note 3 at the end of the definition of
6
ordinary income)
7
Omit "section 1073K (seasonal horticultural work income exemption),".
8
12 Paragraph 8(8)(sa)
9
Repeal the paragraph.
10
13 Subsection 541(3A)
11
Repeal the subsection.
12
14 Point 1067G-H1 (paragraph (aa) of note 2)
13
Repeal the paragraph.
14
15 Point 1068-G1 (note 3)
15
Omit:
16
•
the seasonal horticultural work income exemption
17
(section 1073K);
18
16 Section 1072 (note 2)
19
Omit "section 1073K (seasonal horticultural work income exemption),".
20
17 Division 1AC of Part 3.10
21
Repeal the Division.
22
Schedule 1 Amendments
Part 3 Repeals
8
Social Services Legislation Amendment (Seasonal Worker Incentives
for Jobseekers) Bill 2017
No. , 2017
Veterans' Entitlements Act 1986
1
18 Paragraphs 5H(8)(hf) and (hg)
2
Repeal the paragraphs.
3
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