Commonwealth of Australia Explanatory Memoranda

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SOCIAL SECURITY AND VETERANS' ENTITLEMENTS LEGISLATION AMENDMENT (ONE-OFF PAYMENTS TO INCREASE ASSISTANCE FOR OLDER AUSTRALIANS AND CARERS AND OTHER MEASURES) BILL 2006

                                                                                                       4821-
                                                                                                    REVISED
      2004-2005-2006

      The Parliament of the
      Commonwealth of Australia

      THE SENATE




      Superannuation Legislation Amendment
      (Superannuation Safety and Other Measures) Bill
      2005

      (Amendments to be moved by Senator Murray on behalf of the Australian Democrats in committee of
      the whole)

(1)   Schedule 1, page 3 (after line 5), before item 1, insert:

      1A Subsection 3(1) (after the definition of SIS Act)
               Insert:
                    spouse, in relation to a person:
                      (a) includes another person, who although not legally married to the person, lives with
                          the person on a bona fide domestic basis as the husband or wife of the person; and
                      (b) includes a person in an interdependency relationship as defined in section 27AAB
                          of the Income Tax Assessment Act 1936.
                                                                 [comprehensive definition of spouse]

(2)   Schedule 1, page 3 (after line 17), after item 2, insert:

      2A After section 27F
               Insert:

      27FA Procedures for merit selection of appointments
                (1) The Minister must by writing determine a code of practice, for selecting a person to be
                    appointed by the Commonwealth or a Minister to a position under this Act, that sets out
                    general principles on which the selections are to be made, including but not limited to:
                      (a) merit; and
                     (b) independent scrutiny of appointments; and
                      (c) probity; and
                     (d) openness and transparency.


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         (2) After determining a code of practice under subsection (1), the Minister must publish the
             code in the Gazette.
         (3) Not later than every fifth anniversary after a code of practice has been determined, the
             Minister must review the code.
         (4) In reviewing a code of practice, the Minister must invite the public to comment on the
             code.
         (5) A code of practice determined under subsection (1) is a legislative instrument for the
             purposes of the Legislative Instruments Act 2003.
                                                 [merit selection--Government appointments]




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