Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT (No. 3) 1976 No. 111, 1976 - SECT 36

36. After section 112 of the Principal Act the following section is inserted:-
Variation of unemployment and sickness benefits.
''112AA. (1) In this section, unless the contrary intention appears-

'index number', in relation to a quarter, means the All Groups Consumer Price
Index number, being the weighted average of the 6 State capital cities,
published by the Statistician in respect of that quarter;

'relevant period' means the period of 6 months commencing on 1 May 1977, and
each subsequent period of 6 months;

'relevant rate' means the rate specified in paragraph (b) of sub- section (1)
of section 112 or the rate specified in paragraph (c) of that sub-section;

'Statistician' means the Australian Statistician.

''(2) Subject to sub-section (3), if at any time, whether before or after the
commencement of this section, the Statistician has published or publishes an
index number in respect of a quarter in substitution for an index number
previously published by him in respect of that quarter, the publication of the
later index number shall be disregarded for the purposes of this section.

''(3) If at any time, whether before or after the commencement of this
section, the Statistician has changed or changes the reference base for the
consumer price index, then, for the purposes of the application of this
section after the change took place or takes place, regard shall be had only
to index numbers published in terms of the new reference base.

''(4) Where the factor ascertained, in relation to a relevant period, in
accordance with sub-section (5) is greater than 1, this Act has effect as if
for each relevant rate there were substituted, on the first day of that
period-

   (a)  subject to paragraph (b)-a rate calculated by multiplying by that
        factor-

        (i)    in a case to which sub-paragraph (ii) does not apply-the
               relevant rate; or

        (ii)   if, by virtue of another application or several other
               applications of this section, this Act has had effect as if
               another rate was substituted, or other rates were successively
               substituted, for the relevant rate-the substituted rate or the
               last substituted rate, as the case may be; or

   (b)  where the rate so calculated (in this paragraph referred to as the
        'calculated rate') is not a multiple of 5 cents per week-a rate equal
        to-

        (i)    if the calculated rate exceeds the next lower rate that is such
               a multiple by 2.5 cents per week or more-the next higher rate
               that is such a multiple; or

        (ii)   if the calculated rate exceeds the next lower rate that is such
               a multiple by less than 2.5 cents per week-that next lower
               rate.

''(5) The factor to be ascertained for the purposes of sub-section (4) in
relation to a relevant period-

   (a)  is a number, calculated to 3 decimal places, ascertained by dividing-

        (i)    if the relevant period commences on 1 May-the index number for
               the last preceding December quarter; or

        (ii)   if the relevant period commences on 1 November-the index number
               for the last preceding June quarter,

by the highest index number in respect of a December or June quarter that
preceded that quarter, not being a December or June quarter that occurred
before the June quarter in the year 1976; or

   (b)  if the number so ascertained would, if it were calculated to 4 decimal
        places, end in a number greater than 4-is the number so ascertained
        increased by 0.001.

''(6) Where, by virtue of the application of this section, this Act has effect
as if another rate were substituted for a relevant rate on the first day of a
relevant period, the substitution, in so far as it affects instalments of
unemployment or sickness benefits, has effect in relation to every instalment
of such a benefit that falls due on or after the first day of that period.''.