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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services and Other Legislation
Amendment (Australia's
Engagement in
the Pacific) Bill 2023
No. , 2023
(International Development and the Pacific)
A Bill for an Act to deal with consequential matters
in connection with the creation of certain visas, and
for related purposes
No. , 2023
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Pacific Engagement Visas
3
Part 1
--
Amendments
3
A New Tax System (Family Assistance) Act 1999
3
Higher Education Support Act 2003
3
Social Security Act 1991
5
VET Student Loans Act 2016
7
Part 2
--
Application of amendments
8
Schedule 2
--
Pacific Australia Labour Mobility scheme
10
Part 1
--
Amendments
10
A New Tax System (Family Assistance) Act 1999
10
Part 2
--
Application of amendments
15
No. , 2023
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
1
A Bill for an Act to deal with consequential matters
1
in connection with the creation of certain visas, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Social Services and Other Legislation Amendment
6
(Australia's Engagement in the Pacific) Act 2023
.
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 (Australia's
Engagement in the Pacific) Bill 2023
No. , 2023
1
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
The later of:
(a) the start of 1 February 2024; and
(b) the commencement of the
Migration
Amendment (Australia's Engagement in
the Pacific and Other Measures) Act
2023
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
3. Schedule 2
The later of:
(a) 1 October 2023; and
(b) 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
Pacific Engagement Visas
Schedule 1
Amendments
Part 1
No. , 2023
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
3
Schedule
1--Pacific Engagement Visas
1
Part
1--Amendments
2
A New Tax System (Family Assistance) Act 1999
3
1 After subparagraph 61AA(2)(b)(ii)
4
Insert:
5
(iia) a visa referred to in the regulations under the
Migration
6
Act 1958
as a Subclass 192 (Pacific Engagement) visa;
7
or
8
Higher Education Support Act 2003
9
2 Subsection 90-5(1)
10
Repeal the subsection, substitute:
11
(1) A student meets the citizenship or residency requirements under
12
this section in relation to a unit of study if:
13
(a) the student is an Australian citizen; or
14
(b) the student:
15
(i) is a
*
permanent humanitarian visa holder, an
*
eligible
16
former permanent humanitarian visa holder or a
*
Pacific
17
engagement visa holder; and
18
(ii) will be resident in Australia for the duration of the unit.
19
3 Subsection 90-5(2)
20
Omit "
paragraph (
1)(b)", substitute "
subparagraph (
1)(b)(ii)".
21
4 Subsection 104-5(1)
22
Repeal the subsection, substitute:
23
(1) A student meets the citizenship or residency requirements under
24
this section in relation to a unit of study if:
25
(a) the student is an Australian citizen; or
26
(b) the student:
27
Schedule 1
Pacific Engagement Visas
Part 1
Amendments
4
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
No. , 2023
(i) is a
*
permanent humanitarian visa holder, an
*
eligible
1
former permanent humanitarian visa holder or a
*
Pacific
2
engagement visa holder; and
3
(ii) will be resident in Australia for the duration of the unit;
4
or
5
(c) in the case of a student who is undertaking, or is to
6
undertake, the unit as part of a
*
bridging course for
7
overseas-trained professionals
--
the student is a
*
permanent
8
visa holder who will be resident in Australia for the duration
9
of the unit.
10
5 Subsection 104-5(2)
11
Omit "
paragraph (
1)(b) or (c)", substitute "
subparagraph (1)(b)(ii) or
12
paragraph (
1)(c)".
13
6 Paragraph 118-5(1)(b)
14
Omit "or an
*
eligible former permanent humanitarian visa holder",
15
substitute ",
an
*
eligible former permanent humanitarian visa holder or
16
a
*
P
acific engagement visa holder".
17
7 Paragraph 126-5(1)(b)
18
Repeal the paragraph, substitute:
19
(b) both:
20
(i) a
*
permanent humanitarian visa holder, an
*
eligible
21
former permanent humanitarian visa holder or a
*
Pacific
22
engagement visa holder; and
23
(ii) resident in Australia.
24
8 Subsection 128B-30(1)
25
Repeal the subsection, substitute:
26
(1) A student meets the citizenship or residency requirements under
27
this section in relation to an
*
accelerator program course if:
28
(a) the student is an Australian citizen; or
29
(b) the student:
30
(i) is a
*
permanent humanitarian visa holder, an
*
eligible
31
former permanent humanitarian visa holder or a
*
Pacific
32
engagement visa holder; and
33
Pacific Engagement Visas
Schedule 1
Amendments
Part 1
No. , 2023
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
5
(ii) will be resident in Australia for the duration of the
1
accelerator program course.
2
9 Subsection 128B-30(2)
3
Omit "
paragraph (
1)(b)", substitute "sub
paragraph (
1)(b)(ii)".
4
10 Subclause 1(1) of Schedule 1
5
Insert:
6
Pacific engagement visa holder
means the holder of:
7
(a) a visa referred to in the regulations made under the
Migration
8
Act 1958
as a Subclass 192 (Pacific Engagement) visa; or
9
(b) a visa of a kind determined under subclause (4).
10
11 At the end of clause 1 of Schedule 1
11
Add:
12
(4) The Minister may, by legislative instrument, determine a kind of
13
visa for the purposes of paragraph (b) of the definition of
Pacific
14
engagement visa
holder
in subclause (1) if the Minister has been
15
advised by the Minister administering the
Migration Act 1958
(the
16
Immigration Minister
) that, in the opinion of the Immigration
17
Minister:
18
(a) the kind of visa has replaced or will replace:
19
(i) the kind of visa mentioned in paragraph (a) of that
20
definition; or
21
(ii) a kind of visa previously determined under this
22
subclause; and
23
(b) the replacement kind of visa is intended to give the same
24
benefits as the replaced kind of visa.
25
Social Security Act 1991
26
12 Subsection 7(1)
27
Insert:
28
Pacific engagement visa
means:
29
(a) a visa referred to in the regulations made under the
Migration
30
Act 1958
as a Subclass 192 (Pacific Engagement) visa; or
31
Schedule 1
Pacific Engagement Visas
Part 1
Amendments
6
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
No. , 2023
(b) a visa of a kind determined under subsection (4C).
1
13 After subsection 7(4B)
2
Insert:
3
(4C) The Minister may, by legislative instrument, determine a kind of
4
visa for the purposes of paragraph (b) of the definition of
Pacific
5
engagement visa
in subsection (1) if the Minister has been advised
6
by the Minister administering the
Migration Act 1958
(the
7
Immigration Minister
) that, in the opinion of the Immigration
8
Minister:
9
(a) the kind of visa has replaced or will replace:
10
(i) the kind of visa mentioned in paragraph (a) of that
11
definition; or
12
(ii) a kind of visa previously determined under this
13
subsection; and
14
(b) the replacement kind of visa is intended to give the same
15
benefits as the replaced kind of visa.
16
14 Subsection 23(1)
17
Insert:
18
Pacific engagement visa
: see subsection 7(1).
19
15 After paragraph 549D(7)(b)
20
Insert:
21
(ba) the following apply:
22
(i) the person is undertaking full-time study or is a new
23
apprentice;
24
(ii) the person is the holder of a Pacific engagement visa at
25
the time the person made the claim for a youth
26
allowance; or
27
16 After paragraph 575D(3)(b)
28
Insert:
29
(ba) the person is the holder of a Pacific engagement visa at the
30
time the person made the claim for an austudy payment; or
31
Pacific Engagement Visas
Schedule 1
Amendments
Part 1
No. , 2023
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
7
VET Student Loans Act 2016
1
17 Section 6
2
Insert:
3
Pacific engagement visa
: see subsection 11(1B).
4
18 Section 6 (definition of
permanent humanitarian visa
)
5
Repeal the definition, substitute:
6
permanent humanitarian visa
: see subsection 11(1A).
7
19 Paragraph 11(1)(b)
8
After "permanent humanitarian visa", insert ", or a
Pacific engagement
9
visa,".
10
20 After subsection 11(1)
11
Insert:
12
(1A)
Permanent humanitarian visa
has the same meaning in this Act as
13
in the
Migration Regulations 1994
.
14
(1B) A
Pacific engagement visa
is:
15
(a) a visa referred to in the
Migration Regulations 1994
as a
16
Subclass 192 (Pacific Engagement) visa; or
17
(b) a visa of a kind determined under subsection (1C).
18
(1C) The Minister may, by legislative instrument, determine a kind of
19
visa for the purposes of paragraph (1B)(b) if the Minister has been
20
advised by the Minister administering the
Migration Act 1958
(the
21
Immigration Minister
) that, in the opinion of the Immigration
22
Minister:
23
(a) the kind of visa has replaced or will replace:
24
(i) the kind of visa mentioned in paragraph (1B)(a); or
25
(ii) a kind of visa previously determined under this
26
subsection; and
27
(b) the replacement kind of visa is intended to give the same
28
benefits as the replaced kind of visa.
29
Schedule 1
Pacific Engagement Visas
Part 2
Application of amendments
8
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
No. , 2023
Part
2--Application of amendments
1
21 Application of amendments
2
(1)
The amendment of section 61AA of the
A New Tax System (Family
3
Assistance) Act 1999
made by this Schedule applies in relation to a
4
claim made by a person on or after the commencement of that
5
amendment, whether the person is granted a visa covered by
6
subparagraph 61AA(2)(b)(iia) of that Act before, on or after that
7
commencement.
8
(2)
The amendments of sections 90-5 and 104-5 of the
Higher Education
9
Support Act 2003
made by this Schedule apply in relation to a unit of
10
study with a census date that is on or after the commencement of those
11
amendments, whether the student:
12
(a) becomes a Pacific engagement visa holder; or
13
(b) enrols in the course of study;
14
before, on or after that commencement.
15
(3)
The amendment of section 118-5 of the
Higher Education Support Act
16
2003
made by this Schedule applies in relation to an application for
17
receipt of OS-HELP assistance made on or after the commencement of
18
that amendment, whether the student:
19
(a) becomes a Pacific engagement visa holder; or
20
(b) enrols in the course of study;
21
before, on or after that commencement.
22
(4)
The amendment of section 126-5 of the
Higher Education Support Act
23
2003
made by this Schedule applies in relation to fees payable for
24
periods that start on or after the commencement of that amendment,
25
whether the student:
26
(a) becomes a Pacific engagement visa holder; or
27
(b) enrols in the course of study or bridging course for
28
overseas-trained professionals;
29
before, on or after that commencement.
30
(5)
The amendments of section 128B-30 of the
Higher Education Support
31
Act 2003
made by this Schedule apply in relation to an accelerator
32
Pacific Engagement Visas
Schedule 1
Application of amendments
Part 2
No. , 2023
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
9
program course with a census date that is on or after the commencement
1
of those amendments, whether the student:
2
(a) becomes a Pacific engagement visa holder; or
3
(b) enrols in the accelerator program course;
4
before, on or after that commencement.
5
(6)
The amendments of the
Social Security Act 1991
made by this Schedule
6
apply in relation to a claim made by a person on or after the
7
commencement of those amendments, whether the person is granted a
8
Pacific engagement visa before, on or after that commencement.
9
(7)
The amendments of the
VET Student Loans Act 2016
made by this
10
Schedule apply in relation to an application for a VET student loan
11
made by a student on or after the commencement of those amendments,
12
whether:
13
(a) a Pacific engagement visa is granted to the student; or
14
(b) the student enrols in the course of study;
15
before, on or after that commencement.
16
Schedule 2
Pacific Australia Labour Mobility scheme
Part 1
Amendments
10
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
No. , 2023
Schedule
2--Pacific Australia Labour Mobility
1
scheme
2
Part
1--Amendments
3
A New Tax System (Family Assistance) Act 1999
4
1 Subparagraph 21(1)(b)(ii)
5
After "(1A)", insert "or (1B)".
6
2 Subsection 21(1A) (heading)
7
Repeal the heading, substitute:
8
Visa holders who may qualify for special benefit
9
3 After subsection 21(1A)
10
Insert:
11
Visa holders connected with the Pacific Australia Labour Mobility
12
scheme
13
(1B) An individual satisfies this subsection if:
14
(a) the individual is the holder of:
15
(i) a visa referred to in the regulations under the
Migration
16
Act 1958
as a Subclass 403 (Temporary Work
17
(International Relations)) visa; or
18
(ii) a visa of a kind determined under subsection (1C) of
19
this section for the purposes of this subparagraph; and
20
(b) either:
21
(i) the individual is a participant, as a worker, in the
22
scheme known as the Pacific Australia Labour Mobility
23
scheme; or
24
(ii) the visa is granted on the basis that the individual is a
25
member of the family unit (within the meaning of the
26
Migration Act 1958
) of such a participant; and
27
(c) the individual is in a class determined under subsection (1C).
28
(1C) The Minister may, by legislative instrument, determine:
29
Pacific Australia Labour Mobility scheme
Schedule 2
Amendments
Part 1
No. , 2023
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
11
(a) kinds of visas for the purposes of subparagraph (1B)(a)(ii)
1
(subject to subsection (1D)); and
2
(b) classes of individuals for the purposes of paragraph (1B)(c).
3
(1D) The Minister must not determine a kind of visa under
4
paragraph (1C)(a) unless the Minister has been advised by the
5
Minister administering the
Migration Act 1958
(the
Immigration
6
Minister
) that, in the opinion of the Immigration Minister:
7
(a) the kind of visa has replaced or will replace:
8
(i) the kind of visa mentioned in subparagraph (1B)(a)(i);
9
or
10
(ii) a kind of visa previously determined under
11
paragraph (1C)(a); and
12
(b) the replacement kind of visa is intended to give the same
13
benefits as the replaced kind of visa.
14
(1E) Without limiting paragraph (1C)(b), a class of individuals may be
15
determined under that paragraph by reference to the fact that an
16
individual holds a visa of a specified kind.
17
Example: A visa of a kind referred to in a specified way in the regulations under
18
the
Migration Act 1958
or that permits the holder to stay in Australia
19
for at least a specified period.
20
4 At the end of subparagraph 61AA(2)(b)(iii)
21
Add "of this section".
22
5 At the end of subsection 61AA(2)
23
Add:
24
; or (c) satisfies subsection 21(1B) of this Act (visa holders
25
connected with the Pacific Australia Labour Mobility
26
scheme).
27
6 Paragraph 61AA(3)(a)
28
After "waiting period", insert "because of
paragraph (
2)(a) or (b)".
29
7 Paragraph 61AA(3)(c)
30
Omit "
subsection (
4) does not", substitute "
subsections (4) and (4A) do
31
not".
32
Schedule 2
Pacific Australia Labour Mobility scheme
Part 1
Amendments
12
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
No. , 2023
8 Paragraph 61AA(4)(a)
1
After "waiting period", insert "because of
paragraph (
2)(a) or (b)".
2
9 After subsection 61AA(4)
3
Insert:
4
(4A) If:
5
(a)
an individual is subject to a newly arrived resident's waiting
6
period because of paragraph (2)(a) or (b); and
7
(b) the individual has previously held one or more visas covered
8
by paragraph 21(1B)(a) that are also of a kind determined
9
under subsection (5B) of this section;
10
the waiting period:
11
(c) starts on the day on which the individual became the holder
12
of the first of those visas; and
13
(d) ends when the individual has been in Australia for a period
14
of, or periods totalling, 52 weeks after that day.
15
10 Paragraph 61AA(5)(a)
16
After "waiting period", insert "because of
paragraph (
2)(a) or (b)".
17
11 Paragraph 61AA(5)(b)
18
Omit "neither
subsection (
3) nor (4) applies", substitute
19
"
subsections (
3), (4) and (4A) do not apply".
20
12 After subsection 61AA(5)
21
Insert:
22
(5A)
If an individual is subject to a newly arrived resident's waiting
23
period because of paragraph (2)(c), the waiting period:
24
(a) starts on the day on which the individual first became the
25
holder of a visa covered by paragraph 21(1B)(a) that is also
26
of a kind determined under subsection (5B) of this section;
27
and
28
(b) ends when the individual has been in Australia for a period
29
of, or periods totalling, 52 weeks after that day.
30
(5B) The Minister may, by legislative instrument, determine kinds of
31
visas for the purposes of paragraphs (4A)(b) and (5A)(a).
32
Pacific Australia Labour Mobility scheme
Schedule 2
Amendments
Part 1
No. , 2023
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
13
13 Paragraph 85BB(1)(c)
1
After "(2)", insert "or (3)".
2
14 Before subsection 85BB(2)
3
Insert:
4
Visa holders who may qualify for special benefit
5
15 At the end of section 85BB
6
Add:
7
Visa holders connected with the Pacific Australia Labour Mobility
8
scheme
9
(3)
An individual or the individual's partner
satisfies this subsection if:
10
(a) the individual or partner is the holder of:
11
(i) a visa referred to in the regulations under the
Migration
12
Act 1958
as a Subclass 403 (Temporary Work
13
(International Relations)) visa; or
14
(ii) a visa of a kind determined under subsection (4) of this
15
section for the purposes of this subparagraph; and
16
(b) either:
17
(i) the individual or partner is a participant, as a worker, in
18
the scheme known as the Pacific Australia Labour
19
Mobility scheme; or
20
(ii) the visa is granted on the basis that the individual or
21
partner is a member of the family unit (within the
22
meaning of the
Migration Act 1958
) of such a
23
participant; and
24
(c) the individual or partner is in a class of persons determined
25
under subsection (4).
26
(4) The Minister may, by legislative instrument, determine:
27
(a) kinds of visas for the purposes of subparagraph (3)(a)(ii)
28
(subject to subsection (5)); and
29
(b) classes of persons for the purposes of paragraph (3)(c).
30
(5) The Minister must not determine a kind of visa under
31
paragraph (4)(a) unless the Minister has been advised by the
32
Schedule 2
Pacific Australia Labour Mobility scheme
Part 1
Amendments
14
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
No. , 2023
Minister administering the
Migration Act 1958
(the
Immigration
1
Minister
) that, in the opinion of the Immigration Minister:
2
(a) the kind of visa has replaced or will replace:
3
(i) the kind of visa mentioned in subparagraph (3)(a)(i); or
4
(ii) a kind of visa previously determined under
5
paragraph (4)(a); and
6
(b) the replacement kind of visa is intended to give the same
7
benefits as the replaced kind of visa.
8
(6) Without limiting paragraph (4)(b), a class of persons may be
9
determined under that paragraph by reference to the fact that a
10
person holds a visa of a specified kind.
11
Example: A visa of a kind referred to in a specified way in the regulations under
12
the
Migration Act 1958
or that permits the holder to stay in Australia
13
for at least a specified period.
14
Pacific Australia Labour Mobility scheme
Schedule 2
Application of amendments
Part 2
No. , 2023
Social Services and Other Legislation Amendment (Australia's
Engagement in the Pacific) Bill 2023
15
Part
2--Application of amendments
1
16 Application of amendments
2
(1)
The amendments of section 21 of the
A New Tax System (Family
3
Assistance) Act 1999
made by this Schedule apply in relation to a claim
4
made on or after the commencement of those amendments, whether the
5
individual starts to satisfy subsection 21(1B) of that Act before, on or
6
after that commencement.
7
(2)
To avoid doubt, for the purposes of the application of
8
subsection 61AA(4A) or (5A) of the
A New Tax System (Family
9
Assistance) Act 1999
, as amended by this Schedule, in relation to an
10
individual on or after the commencement of this item, a newly arrived
11
resident's waiting period may:
12
(a) start before that commencement if the day referred to in
13
paragraph 61AA(4A)(c) or (5A)(a) (as the case requires) of
14
that Act occurs before that commencement; and
15
(b) end before that commencement if paragraph (a) of this
16
subitem applies and the event referred to in
17
paragraph 61AA(4A)(d) or (5A)(b) (as the case requires) of
18
that Act occurs before that commencement.
19
(3)
The amendments of section 85BB of the
A New Tax System (Family
20
Assistance) Act 1999
apply in relation to a session of care provided on
21
or after the commencement of those amendments, whether the
22
individual or partner starts to satisfy subsection 85BB(3) of that Act
23
before, on or after that commencement.
24