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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
(Consistent Waiting Periods for New
Migrants) Bill 2021
No. , 2021
(Social Services)
A Bill for an Act to amend the law relating to social
security, family assistance and paid parental leave,
and for related purposes
No. , 2021
Social Services Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Social security amendments
4
Part 1--Main amendments
4
Social Security Act 1991
4
Social Security (International Agreements) Act 1999
7
Part 2--Contingent amendments
8
Social Security Act 1991
8
Schedule 2--Family assistance amendments
9
A New Tax System (Family Assistance) Act 1999
9
Schedule 3--Paid parental leave amendments
10
Paid Parental Leave Act 2010
10
No. , 2021
Social Services Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
1
A Bill for an Act to amend the law relating to social
1
security, family assistance and paid parental leave,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Social Services Legislation Amendment (Consistent
6
Waiting Periods for New Migrants) Act 2021
.
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 Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
No. , 2021
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,
Part 1
As follows:
(a) if this Act receives the Royal Assent on
or before 3 December 2021--1 January
2022;
(b) if this Act receives the Royal Assent
after 3 December 2021--the first
1 January or 1 July to occur after the end
of the period of 1 month beginning on
the day this Act receives the Royal
Assent.
3. Schedule 1,
Part 2
Immediately after the commencement of
Schedule 1 to the
Social Security Legislation
Amendment (Streamlined Participation
Requirements and Other Measures) Act
2021
.
However, the provision does not commence
at all if that Schedule commences before the
day on which the provisions covered by
table item 2 commence.
4. Schedules 2
and 3
As follows:
(a) if this Act receives the Royal Assent on
or before 3 December 2021--1 January
2022;
(b) if this Act receives the Royal Assent
after 3 December 2021--the first
1 January or 1 July to occur after the end
of the period of 1 month beginning on
the day this Act receives the Royal
Assent.
No. , 2021
Social Services Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
3
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
Schedule 1
Social security amendments
Part 1
Main amendments
4
Social Services Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
No. , 2021
Schedule 1--Social security amendments
1
Part 1--Main amendments
2
Social Security Act 1991
3
1 Subsection 23(1) (paragraph (b) of the definition of
newly
4
arrived resident's waiting period
)
5
Repeal the paragraph.
6
2 Subsection 23(1) (paragraph (g) of the definition of
newly
7
arrived resident's waiting period
)
8
Omit "sections 732 and 739A", substitute "section 739A".
9
3 Subsection 23(1) (paragraph (ab) of the definition of
waiting
10
period
)
11
Repeal the paragraph.
12
4 Subsection 23(1) (paragraph (ka) of the definition of
waiting
13
period
)
14
Omit "sections 732 and 739A", substitute "section 739A".
15
5 Paragraph 201AA(1)(b)
16
Omit "104", substitute "208".
17
6 Paragraph 201AB(b)
18
Omit "104", substitute "208".
19
7 Paragraph 500(1)(ca)
20
Omit "; and", substitute ".".
21
8 Paragraph 500(1)(d)
22
Repeal the paragraph.
23
Social security amendments
Schedule 1
Main amendments
Part 1
No. , 2021
Social Services Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
5
9 Subsection 500(1) (note 1)
1
Omit "For
qualifying residence exemption
in relation to parenting
2
payment, see subsection 7(6) and paragraph 7(6AA)(f).".
3
10 Subsection 500(1) (note 3)
4
Repeal the note.
5
11 Subsections 500(3) and (4)
6
Repeal the subsections.
7
12 Paragraph 665M(a)
8
Omit "paragraphs 500(1)(b) and (d)", substitute "paragraph 500(1)(b)".
9
13 Paragraph 966(1)(b)
10
Omit "52", substitute "208".
11
14 Subsection 967(2)
12
Omit "52", substitute "208".
13
15 Paragraph 1061ZI(b)
14
Repeal the paragraph, substitute:
15
(b) ends when the sum of the following periods totals 208 weeks:
16
(i) each period during which the person has been both an
17
Australian resident and in Australia;
18
(ii) each period during which the person has been both a
19
special category visa holder residing in Australia and in
20
Australia.
21
16 Paragraph 1061ZR(1)(b)
22
Repeal the paragraph, substitute:
23
(b) ends when the sum of the following periods totals 208 weeks:
24
(i) each period during which the person has been both an
25
Australian resident and in Australia;
26
(ii) each period during which the person has been both a
27
special category visa holder residing in Australia and in
28
Australia.
29
Schedule 1
Social security amendments
Part 1
Main amendments
6
Social Services Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
No. , 2021
17 Application provisions
1
(1)
The amendments of sections 201AA, 201AB, 966 and 967 of the
Social
2
Security Act 1991
made by this Part apply in relation to a person who
3
becomes the holder of a permanent visa on or after the commencement
4
of this item.
5
(2)
However, the amendments of sections 201AA and 201AB of the
Social
6
Security Act 1991
made by this Part do not apply in relation to a person
7
who, on or after the commencement of this item, becomes the holder of:
8
(a) a visa referred to in the regulations under the
Migration Act
9
1958
as a Subclass 117 (Orphan Relative) visa or as a
10
Subclass 837 (Orphan Relative) visa; or
11
(b) a visa referred to in the regulations under the
Migration Act
12
1958
as a Subclass 115 (Remaining Relative) visa or as a
13
Subclass 835 (Remaining Relative) visa.
14
(3)
The amendments of section 500 of the
Social Security Act 1991
made
15
by this Part apply in relation to claims for parenting payment made on
16
or after the commencement of this item.
17
(4)
The amendments made by this Part do not apply in relation to a special
18
category visa holder who is a protected SCV holder.
19
(5)
If, on or after the commencement of this item, a person becomes the
20
holder of a special category visa for the first time, then, subject to
21
subitem 21(6) of Schedule 1 to the
Social Services and Other
22
Legislation Amendment (Promoting Sustainable Welfare) Act 2018
, the
23
amendments of sections 1061ZH, 1061ZI, 1061ZQ and 1061ZR of the
24
Social Security Act 1991
made by Part 1 of that Schedule apply in
25
relation to the person.
26
(6)
If, on or after the commencement of this item, a person is granted for
27
the first time a visa that is in a class of visas determined by the Minister
28
for the purposes of paragraph 739A(3)(b) of the
Social Security Act
29
1991
, then the amendments of section 1061ZR of that Act
made by
30
Part 1 of Schedule 1 to the
Social Services and Other Legislation
31
Amendment (Promoting Sustainable Welfare) Act 2018
apply in relation
32
to the person.
33
Social security amendments
Schedule 1
Main amendments
Part 1
No. , 2021
Social Services Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
7
Social Security (International Agreements) Act 1999
1
18 Subparagraph 10(1)(d)(ii)
2
Repeal the subparagraph.
3
19 Subsection 10(2)
4
Repeal the subsection, substitute:
5
(2) If:
6
(a) a person who is in Australia lodges a claim for parenting
7
payment under a scheduled international social security
8
agreement; and
9
(b) the person is not a member of a couple; and
10
(c) the person qualifies for parenting payment under that
11
agreement;
12
then, if parenting payment is payable to the person, it is taken to be
13
payable to the person under that agreement.
14
20 Application provision
15
The amendments of the
Social Security (International Agreements) Act
16
1999
made by this Part apply in relation to claims for parenting
17
payment made on or after the commencement of this item.
18
Schedule 1
Social security amendments
Part 2
Contingent amendments
8
Social Services Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
No. , 2021
Part 2--Contingent amendments
1
Social Security Act 1991
2
21 Paragraph 500(1)(ca)
3
Omit "; and", substitute ".".
4
Family assistance amendments
Schedule 2
No. , 2021
Social Services Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
9
Schedule 2--Family assistance amendments
1
2
A New Tax System (Family Assistance) Act 1999
3
1 Section 61AA (heading)
4
Repeal the heading, substitute:
5
61AA Rate of family tax benefit is nil for a day in newly arrived
6
resident's waiting period
7
2 Subsection 61AA(1)
8
Omit "Despite Parts 2 to 3A of Schedule 1, an individual's Part A rate",
9
substitute "An individual's rate".
10
3 Paragraph 61AA(3)(e)
11
Omit "52", substitute "208".
12
4 Paragraph 61AA(4)(d)
13
Omit "52", substitute "208".
14
5 Subsection 61AA(5)
15
Omit "52", substitute "208".
16
6 Application provisions
17
(1)
The amendments made by this Schedule apply in relation to a person
18
who becomes the holder of a visa covered by paragraph 61AA(2)(a) or
19
(b) of the
A New Tax System (Family Assistance) Act 1999
on or after
20
the commencement of this item.
21
(2)
However, those amendments do not apply in relation to a person who,
22
on or after 1 January 2019 and before the commencement of this item,
23
became the holder of a visa covered by paragraph 61AA(2)(a) of the
A
24
New Tax System (Family Assistance) Act 1999
.
25
Schedule 3
Paid parental leave amendments
10
Social Services Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
No. , 2021
Schedule 3--Paid parental leave amendments
1
2
Paid Parental Leave Act 2010
3
1 Paragraph 31A(2)(e)
4
Omit "104", substitute "208".
5
2 Paragraph 31A(3)(d)
6
Omit "104", substitute "208".
7
3 Subsection 31A(4)
8
Omit "104", substitute "208".
9
4 Paragraph 115CBA(2)(e)
10
Omit "104", substitute "208".
11
5 Paragraph 115CBA(3)(d)
12
Omit "104", substitute "208".
13
6 Subsection 115CBA(4)
14
Omit "104", substitute "208".
15
7 Application provisions
16
(1)
The amendments of section 31A of the
Paid Parental Leave Act 2010
17
made by this Schedule apply in relation to a person who becomes the
18
holder of a visa covered by paragraph 31A(1)(a) or (b) of that Act on or
19
after the commencement of this item.
20
(2)
However, the amendments of section 31A of the
Paid Parental Leave
21
Act 2010
made by this Schedule do not apply in relation to a person
22
who, on or after 1 January 2019 and before the commencement of this
23
item, became the holder of a visa covered by paragraph 31A(1)(a) of
24
that Act.
25
(3)
The amendments of section 115CBA of the
Paid Parental Leave Act
26
2010
made by this Schedule apply in relation to a person who becomes
27
Paid parental leave amendments
Schedule 3
No. , 2021
Social Services Legislation Amendment (Consistent Waiting Periods
for New Migrants) Bill 2021
11
the holder of a visa covered by paragraph 115CBA(1)(a) or (b) of that
1
Act on or after the commencement of this item.
2
(4)
However, the amendments of section 115CBA of the
Paid Parental
3
Leave Act 2010
made by this Schedule do not apply in relation to a
4
person who, on or after 1 January 2019 and before the commencement
5
of this item, became the holder of a visa covered by
6
paragraph 115CBA(1)(a) of that Act.
7