Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Services Legislation Amendment
(Family Measures) Bill 2015
No. , 2015
(Social Services)
A Bill for an Act to amend the law relating to
family assistance, and for related purposes
No. , 2015
Social Services Legislation Amendment (Family Measures) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Portability of family tax benefit
3
A New Tax System (Family Assistance) Act 1999
3
A New Tax System (Family Assistance) (Administration) Act 1999
6
Schedule 2--Large family supplement
11
A New Tax System (Family Assistance) Act 1999
11
No. , 2015
Social Services Legislation Amendment (Family Measures) Bill 2015
1
A Bill for an Act to amend the law relating to
1
family assistance, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Social Services Legislation
5
Amendment (Family Measures) Act 2015.
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 (Family Measures) Bill 2015
No. , 2015
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
1 January 2016.
1 January 2016
3. Schedule 2
1 July 2016.
1 July 2016
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
Portability of family tax benefit Schedule 1
No. , 2015
Social Services Legislation Amendment (Family Measures) Bill 2015
3
Schedule 1--Portability of family tax benefit
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Subsection 3(1)
4
Repeal the following definitions:
5
(a) definition of absent overseas FTB child;
6
(b) definition of absent overseas recipient;
7
(c) definition of absent overseas regular care child.
8
2 Subparagraph 21(1)(a)(ii)
9
Omit "is not an absent overseas recipient and".
10
3 Paragraph 24(1)(b)
11
Omit "56 weeks", substitute "6 weeks".
12
4 Subsection 24(1)
13
Omit "period of 56 weeks", substitute "period of 6 weeks".
14
5 Subsection 24(2)
15
Repeal the subsection.
16
6 Subsection 24(4)
17
Omit "56 weeks", substitute "6 weeks".
18
7 Subsection 24(5)
19
Repeal the subsection.
20
8 Subsection 24(7) (heading)
21
Repeal the heading, substitute:
22
Extension of 6-week period in certain circumstances
23
9 Subsection 24(7)
24
Omit "56 week", substitute "6-week".
25
Schedule 1 Portability of family tax benefit
4
Social Services Legislation Amendment (Family Measures) Bill 2015
No. , 2015
10 Subsection 24(7)
1
Omit "subsection (1), (2), (4) or (5)", substitute "subsection (1) or (4)".
2
11 Subsection 24(7)
3
Omit "child mentioned in subsection (1) or (2)", substitute "child
4
mentioned in subsection (1)".
5
12 Subsection 24(7)
6
Omit "individual mentioned in subsection (4) or (5)", substitute
7
"individual mentioned in subsection (4)".
8
13 Subsection 24(9)
9
Omit "56 week", substitute "6-week".
10
14 Subsection 24(9)
11
Omit "subsection (1), (2), (4) or (5)", substitute "subsection (1) or (4)".
12
15 Subsection 24(9)
13
Omit "child mentioned in subsection (1) or (2)", substitute "child
14
mentioned in subsection (1)".
15
16 Subsection 24(9)
16
Omit "individual mentioned in subsection (4) or (5)", substitute
17
"individual mentioned in subsection (4)".
18
17 Subsection 24(10)
19
Omit "may extend the 56 week period referred to in subsection (4) or
20
(5)", substitute "may extend the 6-week period referred to in
21
subsection (4)".
22
18 Subsection 24(10)
23
Omit "in the subsection", substitute "in subsection (4)".
24
19 Subsection 24(10)
25
Omit "within the 56 week period", substitute "within the 6-week
26
period".
27
Portability of family tax benefit Schedule 1
No. , 2015
Social Services Legislation Amendment (Family Measures) Bill 2015
5
20 Paragraph 57G(1)(c)
1
Omit "(disregarding section 63A)", substitute "(see subsections (4) and
2
(5))".
3
21 Paragraph 57G(3)(a)
4
Omit "and the individual is not an absent overseas FTB child
5
(disregarding section 63A)", substitute "(disregarding subsections 24(7)
6
and (9))".
7
22 Subparagraphs 57G(3)(b)(ii), (c)(ii), (d)(iii), (e)(iii), (f)(iii)
8
and (g)(iii)
9
Omit "and would not be an absent overseas FTB child (disregarding
10
section 63A)", substitute "(disregarding subsections 24(7) and (9))".
11
23 At the end of section 57G
12
Add:
13
Absent overseas recipient
14
(4) For the purposes of this section, if an individual leaves Australia,
15
the individual is an absent overseas recipient for any period that
16
occurs:
17
(a) during that absence from Australia; and
18
(b) after the end of the period of 6 weeks beginning on the first
19
day of that absence.
20
(5) For the purposes of this section, if:
21
(a) an individual is eligible for single income family supplement
22
while the individual is absent from Australia; and
23
(b) the individual then becomes an absent overseas recipient
24
because of the application of subsection (4) or a previous
25
application of this subsection; and
26
(c) the individual returns to Australia; and
27
(d) the individual leaves Australia again less than 6 weeks after
28
returning to Australia;
29
the individual is an absent overseas recipient for any period that
30
occurs during the absence from Australia referred to in
31
paragraph (d).
32
Schedule 1 Portability of family tax benefit
6
Social Services Legislation Amendment (Family Measures) Bill 2015
No. , 2015
24 Subsection 58(1)
1
Omit "63", substitute "61B".
2
25 Sections 62 to 63A
3
Repeal the sections.
4
26 Subclause 38B(3) of Schedule 1
5
Omit "if the regular care child is not an absent overseas regular care
6
child".
7
A New Tax System (Family Assistance) (Administration) Act
8
1999
9
27 Paragraph 30A(1)(c)
10
Omit "56 weeks", substitute "6 weeks".
11
28 Paragraph 30B(1)(c)
12
Omit "56 weeks", substitute "6 weeks".
13
29 After subsection 31(1B)
14
Insert:
15
(1C) If:
16
(a) the Secretary under paragraph (1)(d) varies a determination
17
in relation to an individual because of subsection 24(1) of the
18
Family Assistance Act; and
19
(b) the child concerned comes to Australia within the period of
20
13 weeks beginning on the day after the end of:
21
(i) the 6-week period referred to in subsection 24(1) of the
22
Family Assistance Act; or
23
(ii) if that 6-week period has been extended under
24
subsection 24(7) or (9) of the Family Assistance Act--
25
that period as so extended; and
26
(c) the Secretary is satisfied that the individual is eligible for
27
family tax benefit on the day the child comes to Australia;
28
then the Secretary must vary the determination so that the
29
individual is entitled to be paid family tax benefit with effect from
30
the date of the child coming to Australia.
31
Portability of family tax benefit Schedule 1
No. , 2015
Social Services Legislation Amendment (Family Measures) Bill 2015
7
Note:
The individual does not have to make another claim for family tax
1
benefit.
2
(1D) If:
3
(a) the Secretary under paragraph (1)(d) varies a determination
4
in relation to an individual because of subsection 24(4) of the
5
Family Assistance Act; and
6
(b) the individual returns to Australia within the period of 13
7
weeks beginning on the day after the end of:
8
(i) the 6-week period referred to in subsection 24(4) of the
9
Family Assistance Act; or
10
(ii) if that 6-week period has been extended under
11
subsection 24(7), (9) or (10) of the Family Assistance
12
Act--that period as so extended; and
13
(c) the Secretary is satisfied that the individual is eligible for
14
family tax benefit on the day the individual returns to
15
Australia;
16
then the Secretary must vary the determination so that the
17
individual is entitled to be paid family tax benefit with effect from
18
the date of the individual's return to Australia.
19
Note:
The individual does not have to make another claim for family tax
20
benefit.
21
(1E) Subsections (1C) and (1D) do not limit any later application of
22
subsection (1) in relation to the determination.
23
Example: The Secretary under subsection (1D) varies the determination so that
24
the individual is entitled to be paid family tax benefit.
25
The individual remains in Australia for 8 weeks, but then leaves
26
Australia again for more than 6 weeks.
27
Because of subsection 24(4) of the Family Assistance Act, the
28
Secretary may, under paragraph (1)(d) of this section, vary the
29
determination again so that the individual is not entitled to be paid
30
family tax benefit.
31
30 At the end of section 65
32
Add:
33
(3) If:
34
(a) the Secretary under subsection (1) varies a determination in
35
relation to an individual and a child because of
36
subsection 24(1) of the Family Assistance Act; and
37
Schedule 1 Portability of family tax benefit
8
Social Services Legislation Amendment (Family Measures) Bill 2015
No. , 2015
(b) the child comes to Australia within the period of 13 weeks
1
beginning on the day after the end of:
2
(i) the 6-week period referred to in subsection 24(1) of the
3
Family Assistance Act; or
4
(ii) if that 6-week period has been extended under
5
subsection 24(7) or (9) of the Family Assistance Act--
6
that period as so extended; and
7
(c) the Secretary is satisfied that the individual is conditionally
8
eligible for child care benefit by fee reduction in respect of
9
the child on the day the child comes to Australia;
10
then the Secretary must vary the determination so that the
11
individual is conditionally eligible for child care benefit by fee
12
reduction in respect of the child with effect from the date of the
13
child coming to Australia.
14
Note:
The individual does not have to make another claim for child care
15
benefit.
16
(4) If:
17
(a) the Secretary under subsection (1) varies a determination in
18
relation to an individual and a child because of
19
subsection 24(4) of the Family Assistance Act (as affected by
20
subparagraph (b)(ii) of the definition of FTB child in
21
subsection 3(1) of that Act); and
22
(b) the individual returns to Australia within the period of 13
23
weeks beginning on the day after the end of:
24
(i) the 6-week period referred to in subsection 24(4) of the
25
Family Assistance Act; or
26
(ii) if that 6-week period has been extended under
27
subsection 24(7), (9) or (10) of the Family Assistance
28
Act--that period as so extended; and
29
(c) the Secretary is satisfied that the individual is conditionally
30
eligible for child care benefit by fee reduction in respect of
31
the child on the day the individual returns to Australia;
32
then the Secretary must vary the determination so that the
33
individual is conditionally eligible for child care benefit by fee
34
reduction in respect of the child with effect from the date of the
35
individual's return to Australia.
36
Note:
The individual does not have to make another claim for child care
37
benefit.
38
Portability of family tax benefit Schedule 1
No. , 2015
Social Services Legislation Amendment (Family Measures) Bill 2015
9
(5) Subsections (3) and (4) do not limit any later application of
1
subsection (1) in relation to the determination.
2
Example: The Secretary under subsection (4) varies the determination so that the
3
individual is conditionally eligible for child care benefit by fee
4
reduction in respect of the child.
5
The individual remains in Australia for 8 weeks, but then leaves
6
Australia again for more than 6 weeks.
7
Because of subsection 24(4) of the Family Assistance Act, the
8
Secretary may, under subsection (1) of this section, vary the
9
determination again so that the individual is not conditionally eligible.
10
31 Application and saving provisions
11
(1)
Subject to this item, the amendments made by this Schedule apply in
12
relation to absences from Australia starting on or after the
13
commencement of this item.
14
Absence of FTB child or regular care child
15
(2)
If:
16
(a) in relation to a child, the 56-week period mentioned in
17
subsection 24(1) of the A New Tax System (Family
18
Assistance) Act 1999 (as in force immediately before the
19
commencement of this item) began before that
20
commencement; and
21
(b) the child leaves Australia on or after that commencement;
22
and
23
(c) if section 24 of that Act, as in force immediately before that
24
commencement, were still in force at the time of that
25
leaving--subsection 24(2) or (3) of that Act would have
26
applied in relation to the child;
27
then the amendments made by this Schedule do not apply in relation to
28
the child's absence from Australia referred to in paragraph (b).
29
Absence of individual
30
(3)
If:
31
(a) in relation to an individual, the 56-week period mentioned in
32
subsection 24(4) of the A New Tax System (Family
33
Assistance) Act 1999 (as in force immediately before the
34
commencement of this item) began before that
35
commencement; and
36
Schedule 1 Portability of family tax benefit
10
Social Services Legislation Amendment (Family Measures) Bill 2015
No. , 2015
(b) the individual leaves Australia on or after that
1
commencement; and
2
(c) if section 24 of that Act, as in force immediately before that
3
commencement, were still in force at the time of that
4
leaving--subsection 24(5) or (6) of that Act would have
5
applied in relation to the individual;
6
then the amendments made by this Schedule do not apply in relation to
7
the individual's absence from Australia referred to in paragraph (b).
8
Large family supplement Schedule 2
No. , 2015
Social Services Legislation Amendment (Family Measures) Bill 2015
11
Schedule 2--Large family supplement
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Clause 3 of Schedule 1 (method statement, step 1,
4
paragraph (b))
5
Repeal the paragraph.
6
2 Clause 24N of Schedule 1 (method statement, step 2)
7
Repeal the step.
8
3 Clause 24Q of Schedule 1
9
Repeal the clause.
10
4 Clause 25 of Schedule 1 (method statement, step 1,
11
paragraph (b))
12
Repeal the paragraph.
13
5 Division 1 of Part 5 of Schedule 1
14
Repeal the Division.
15
6 Clause 2 of Schedule 4 (table item 7)
16
Repeal the item.
17
7 Subclause 3(1) of Schedule 4 (table item 7)
18
Repeal the item.
19
8 Application provision
20
The amendments made by this Schedule apply in relation to working
21
out the rate of family tax benefit for days on or after the commencement
22
of this Schedule.
23