Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 191 of 1999 as amended
This compilation was prepared on 15 May 2012
taking into account amendments up to Act No. 173 of 2011
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting
and Publishing,
Attorney-General's Department, Canberra
Contents
Part 1--Preliminary 1
1............ Short title [see Note 1] ........................................................................ 1
2............ Commencement [see Note 1] .............................................................. 1
2A......... Application of the Criminal Code ....................................................... 1
3............ Interpretation ....................................................................................... 1
4............ Social security law .............................................................................. 2
5............ Manner of giving notice ...................................................................... 2
6............ Effect of certain determinations ........................................................... 2
6A......... Secretary may arrange for use of computer programs to make decisions 2
Part 2--General administration of social security law 3
7............ General administration of social security law ...................................... 3
8............ Principles of administration ................................................................. 3
9............ Government policy statements ............................................................ 4
10.......... Agreement on administrative arrangements ......................................... 4
Part 3--Provision of benefits 6
Division 1--Claim for social security payment or concession card 6
Subdivision A--Need for claim 6
11.......... General rule ......................................................................................... 6
Subdivision B--Cases where claim not necessary 6
12.......... Deemed claim in certain cases ............................................................. 6
12A....... One-off payment to the aged ............................................................... 7
12AAA. One-off payments to older Australians ............................................... 7
12AA.... One-off payments to carers ................................................................. 7
12AB.... Economic security strategy payment, training and learning bonus or farmers hardship bonus 8
12B....... Language, literacy and numeracy supplement ..................................... 8
12C....... Utilities allowance ............................................................................... 8
12D....... Seniors supplement ............................................................................. 8
12DA.... Quarterly pension supplement ............................................................. 8
12E........ Child disability assistance ................................................................... 8
12F........ Carer allowance ................................................................................... 8
12G....... Carer supplement ................................................................................ 8
12H....... Student start-up scholarship payment and relocation scholarship payment 9
12J........ Voluntary income management incentive payment .............................. 9
12K....... Clean energy advance .......................................................................... 9
13.......... Deemed claim--person contacting Department about a claim for a social security payment 9
14.......... Deemed claim--person contacting Department about a claim for a concession card 11
15.......... Deemed claim--incorrect or inappropriate claims ............................. 13
15A....... Deemed claim--certain claims for carer allowance ........................... 15
Subdivision C--Manner of making a claim 16
16.......... How to make a claim ......................................................................... 16
17 .......... Special requirements regarding claims for pension bonus ................. 17
18 .......... Additional provisions regarding claim for special employment advance 19
19.......... Special requirements regarding claims for essential medical equipment payment 19
Subdivision E--Time limits for claims for pension bonus 20
20.......... Interpretation ..................................................................................... 20
21.......... General rule ....................................................................................... 20
22.......... Last bonus period a full-year period .................................................. 20
23.......... Last bonus period a part-year period ................................................. 21
24.......... Claim by exempt partnered person .................................................... 21
25.......... Claim where membership has become non-accruing ......................... 22
26.......... Claim where person has post-75 work period ................................... 22
Subdivision EA--Time limits for claims for pension bonus bereavement payment 23
26A....... General rule ....................................................................................... 23
26B....... Extension .......................................................................................... 23
Subdivision F--Time limit for claims for fares allowance 24
27.......... Time limit for claim ........................................................................... 24
Subdivision FA--Time limit for claims for AGDRP 24
27A....... Time limit for claim ........................................................................... 24
Subdivision FC--Time limit for claims for low income supplement 25
27C....... Time limit for claim ........................................................................... 25
Subdivision G--Age requirement for certain claims 25
28.......... Claims for disability support pension ................................................ 25
Subdivision H--Residence requirements for claimants 25
29.......... General rule ....................................................................................... 25
30.......... Residence requirements for claimants for special benefit .................. 25
30A....... Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas 26
31.......... Exclusion of certain claims from requirements of section 29 ............ 26
31A....... Exclusion of certain claims by special category visa holders from section 29 residence requirement 26
32.......... Claims for sickness allowance .......................................................... 27
Subdivision I--Withdrawal of claim 27
33.......... Right to withdraw ............................................................................. 27
34.......... Manner of withdrawal ....................................................................... 27
Subdivision J--Special provision for certain claims 28
35.......... Claims by persons in gaol etc. ........................................................... 28
35A....... Claims for advance pharmaceutical allowance ................................... 28
Division 2--Determination of claim 30
36.......... Obligation of Secretary to determine claim ........................................ 30
37.......... Grant of claim ................................................................................... 30
37AA.... Grant of claim--schooling requirements ........................................... 33
37A....... Duration of certain health care cards ................................................. 34
38.......... Refusal of claim for special employment advance ............................. 34
39.......... Deemed refusal of claim .................................................................... 34
40.......... Rejection of claim for failure to obtain foreign payment .................... 35
Division 3--Commencement of social security payment 37
41.......... Commencement ................................................................................. 37
42.......... Start day ............................................................................................ 37
Division 3A--Compliance with obligations in relation to participation payments 38
Subdivision A--Object of this Division 38
42A....... Simplified outline .............................................................................. 38
42B....... Object of this Division ...................................................................... 39
Subdivision B--No show no pay failures 39
42C....... No show no pay failures ................................................................... 39
42D....... Deducting the penalty amount ........................................................... 41
Subdivision C--Connection and reconnection failures 41
42E........ Connection failures ........................................................................... 41
42F........ Requiring a person to apply for job vacancies ................................... 43
42G....... Reconnection requirements ............................................................... 43
42H....... Reconnection failures ........................................................................ 44
42J........ Further reconnection requirements .................................................... 45
42K....... Notification requirements .................................................................. 45
42L........ Deduction of penalty amount ............................................................ 46
Subdivision D--Serious failures 46
42M...... Serious failure for persistent non-compliance ................................... 46
42N....... Serious failure for refusing or failing to accept an offer of suitable employment 47
42NA.... Comprehensive compliance assessment ............................................ 48
42NC.... Determination about serious failure requirements and severe financial hardship 48
42P........ Consequences of serious failure ........................................................ 48
42Q....... Ending serious failure periods ........................................................... 49
42R....... Determining that participation payments payable .............................. 50
Subdivision E--Unemployment resulting from a voluntary act or misconduct 51
42S........ Unemployment resulting from a voluntary act or misconduct ........... 51
Subdivision EA--Immediate non-payment of participation payments for certain failures 52
42SA..... Immediate non-payment of participation payments for certain failures 52
Subdivision EB--Failures by certain recipients of parenting payments 53
42SB..... Suspension of payments for certain failures ...................................... 53
Subdivision F--General provisions 54
42T........ Legislative instrument determining method for working out penalty amount 54
42U....... Legislative instruments relating to reasonable excuse ........................ 55
42UA.... Prior notification of excuse ............................................................... 56
42V....... Deduction from any participation payment ........................................ 57
42W...... Penalty amount not a debt ................................................................. 58
42X....... Payability .......................................................................................... 58
42Y....... Day of determination ......................................................................... 58
42YA.... Relationship between Subdivisions of this Division ......................... 58
42Z........ Relationship with section 80 ............................................................. 58
Division 4--Payment of social security payment 59
43.......... Payment by instalments ..................................................................... 59
44.......... Payment of instalments to person or nominee ................................... 62
45.......... Payment of youth allowance--person under 18 and not independent 62
46.......... Payment of special employment advance .......................................... 63
46A....... Payment of AGDRP ......................................................................... 63
47.......... Payment of lump sum benefits .......................................................... 63
47A....... Payment of one-off payment to the aged ........................................... 65
47AA.... Payment of one-off payments to older Australians ........................... 65
47AB.... Payment of carer supplement ............................................................ 65
47B....... Payment of one-off payments to carers ............................................. 66
47C....... Payment of economic security strategy payments, training and learning bonuses and farmers hardship bonuses 67
47D....... Payment of clean energy advance ...................................................... 68
47DAA. Payment of low income supplement or essential medical equipment payment 68
47DA.... Student start-up scholarship payments and relocation scholarship payments 69
48.......... Payment of telephone allowance ....................................................... 69
48A....... Payment of utilities allowance ........................................................... 70
48B....... Payment of seniors supplement ......................................................... 70
48C....... Payment of quarterly pension supplement ......................................... 71
49.......... Timing of payment of fares allowance .............................................. 72
50.......... To whom fares allowance is to be paid ............................................. 72
50A....... Payment of child disability assistance ............................................... 72
51.......... Advance in case of severe financial hardship .................................... 73
52.......... Payment of certain amounts outside Australia ................................... 74
53.......... Payment of instalments where pension received under other legislation .. 74
54.......... Rounding off instalments of social security payments ...................... 75
55.......... Payment into bank account etc. ......................................................... 76
56.......... Youth allowance--failure to nominate parent ................................... 77
57.......... Change of particular payday .............................................................. 78
58.......... Payment of social security payment, other than pension bonus and pension bonus bereavement payment, after death .......................................................................................................... 78
59 .......... Payment of pension bonus or pension bonus bereavement payment after death 78
Division 5--Protection of social security payments 81
60.......... Protection of social security payment ................................................ 81
61.......... Deduction at request of recipient ....................................................... 81
62.......... Effect of garnishee or attachment order ............................................. 81
Division 6--Requirement to provide information, undergo medical examination etc. 83
Subdivision A--General 83
63.......... Requirement to attend Department etc. .............................................. 83
64.......... Effect of failing to comply with requirement to attend Department etc. 85
65.......... Medical certificate in support of claim for sickness allowance .......... 86
66.......... Notice to obtain foreign payment ...................................................... 87
Subdivision B--Requirement to give information about change of circumstances etc. 88
66A....... General requirement to inform of a change of circumstances etc. ...... 88
67.......... Person who has made a claim ........................................................... 90
68.......... Person receiving social security payment or holding concession card 91
69.......... Person who has received a social security payment or who has held a concession card 92
70.......... Care receiver in respect of whom carer payment being made ............ 93
70A....... Person who is subject to the income management regime etc. ........... 93
72.......... Provisions relating to notice .............................................................. 94
73.......... Application of provisions .................................................................. 97
74.......... Offence--failure to comply with notice ............................................ 97
Subdivision C--Provision of tax file numbers 97
75.......... Secretary's power to request tax file numbers ................................... 97
76.......... Effect of failure by person to satisfy request for person's tax file number 98
77.......... Effect of failure by person to satisfy request for partner's or related person's tax file number 100
Division 7--Various determinations 103
Subdivision A--Provisions relating to social security payments 103
78A....... When this Subdivision does not apply ............................................ 103
78.......... Rate increase determination ............................................................. 103
79.......... Rate reduction determination ........................................................... 103
80.......... Cancellation or suspension determination ....................................... 104
81.......... Cancellation or suspension for non-compliance with certain notices 105
81A....... Rate reduction determination for non-compliance with notice relating to rent assistance 106
82.......... Cancellation or suspension for failure to take action to obtain foreign payment 107
83.......... Changes to payments by computer .................................................. 107
84.......... Automatic transfer by computer ...................................................... 108
85.......... Resumption of payment after cancellation or suspension ................ 108
85A....... Rate increase determination following rate reduction for non-compliance with notice relating to rent assistance 109
Subdivision B--Provisions relating to concession cards 109
86.......... Cancellation--person not qualified ................................................. 109
87.......... Cancellation--non-compliance with certain notices ........................ 110
88.......... Changes to qualification by computer ............................................. 110
89.......... Resumption of qualification ............................................................ 110
Division 8--Automatic cancellations and variations 112
Subdivision A--Social security payments 112
90A....... When this Subdivision does not apply ............................................ 112
90.......... Automatic cancellation--transfer to new payment type ................... 112
91.......... Automatic cancellation of parenting payment on transfer to new payment type--member of couple 112
93.......... Automatic cancellation--recipient complying with subsection 68(2) notice 113
94.......... Automatic cancellation--recipient not complying with subsection 68(2) notice 115
95.......... Automatic cancellation--failure to provide statement under subsection 68(2) 116
95A....... Automatic cancellation of carer payment for non-compliance with section 70 notice 117
95B....... Automatic suspension or cancellation--carer allowance ................. 118
96.......... Disability support pension--suspension instead of cancellation under section 93 118
97.......... Disability support pension--suspension taken to have been under section 96 120
97A....... Disability support pension--suspension instead of cancellation under section 94 (person obtains work) 121
97B....... Disability support pension--suspension instead of cancellation under section 94 (person's income) 124
98.......... Automatic rate reduction--partner starting to receive pension or benefit 125
99.......... Automatic rate reduction--recipient complying with subsection 68(2) notice 126
100........ Automatic rate reduction--recipient not complying with subsection 68(2) notice 128
101........ Automatic rate reduction--receipt of pension by person receiving parenting payment 130
103........ Changes to payments by computer following automatic cancellation or reduction 130
Subdivision B--Concession cards 131
104........ Automatic cancellation--holder complying with subsection 68(4) notice 131
105........ Automatic cancellation--holder not complying with subsection 68(4) notice 131
106........ Changes by computer following automatic cancellation .................. 132
106A..... Automatic cancellation on cessation of qualification ....................... 132
Subdivision C--Additional provision for certain pensioner concession cards and automatic issue health care cards 132
106B..... Automatic cancellation .................................................................... 132
Division 9--Date of effect of determinations 134
Subdivision A--Determinations relating to claims 134
107........ General rule ..................................................................................... 134
Subdivision B--Determinations under section 78, 81A, 85 or 85A 135
108........ Definition ........................................................................................ 135
109........ Date of effect of favourable determination resulting from review ... 136
110........ Date of effect of favourable determination ...................................... 138
110A..... Date of effect of favourable determinations resuming payment after suspensions relating to non-compliance 142
111........ Date of effect of section 78 determination resulting from indexation or adjustment 142
114........ Date of effect of other favourable determinations ............................ 143
Subdivision C--Determinations under section 89 143
115........ Definition ........................................................................................ 143
116........ Date of effect of favourable determination resulting from review--concession cards 143
Subdivision D--Date of effect of adverse determinations relating to social security payments 145
117........ Definition ........................................................................................ 145
118........ Date of effect of adverse determinations--general rules ................. 145
120........ Additional rules in the case of carer payment .................................. 154
Subdivision E--Date of effect of adverse determinations relating to concession cards 158
121........ Definition ........................................................................................ 158
122........ Date of effect of adverse determinations ......................................... 158
Division 10--Continuing effect of determinations 159
123........ Continuing effect of determinations ................................................ 159
Part 3A--Nominees 160
Division 1--Preliminary 160
123A..... Definitions ...................................................................................... 160
Division 2--Appointment of nominees 161
123B..... Appointment of payment nominee .................................................. 161
123C..... Appointment of correspondence nominee ....................................... 161
123D..... Provisions relating to appointments ................................................ 161
123E...... Suspension and revocation of nominee appointments ..................... 162
Division 3--Payments to payment nominee 164
123F...... Payment of instalments etc. to payment nominee ............................ 164
Division 4--Functions and responsibilities of nominees 165
123G..... Definition ........................................................................................ 165
123H..... Actions of correspondence nominee on behalf of benefit recipient . 165
123I....... Giving of notices to correspondence nominee ................................. 166
123J...... Compliance by correspondence nominee ........................................ 167
123K..... Notification by nominee of matters affecting ability to act as nominee 168
123L...... Statement by payment nominee regarding disposal of money ......... 169
Division 5--Other matters 171
123M.... Protection of principal against liability for actions of nominee ........ 171
123N..... Protection of nominee against criminal liability ............................... 171
123O..... Duty of nominee to principal ........................................................... 171
123P...... Saving of Secretary's powers of revocation .................................... 171
123Q..... Saving of Secretary's powers to give notices to principal ............... 172
123R..... Notification of nominee where notice given to principal ................. 172
123S...... Right of nominee to attend with principal ........................................ 172
Part 3B--Income management regime 174
Division 1--Introduction 174
123TA... Simplified outline ............................................................................ 174
123TB... Objects ............................................................................................ 175
123TC... Definitions ...................................................................................... 176
123TF... Declared child protection State or Territory ..................................... 184
123TFA Declared income management area .................................................. 184
123TG... Declared primary school area and declared secondary school area .. 185
123TGA Declared voluntary income management area .................................. 185
123TH... Priority needs .................................................................................. 185
123TI.... Excluded goods and excluded services ........................................... 187
123TJ.... Pornographic material ..................................................................... 187
123TK... Eligible recipient .............................................................................. 188
Division 2--Persons subject to the income management regime 189
Subdivision A--Situations in which a person is subject to the income management regime 189
123UA.. Persons subject to the income management regime ......................... 189
123UC.. Persons subject to the income management regime--child protection 189
123UCA Persons subject to the income management regime--vulnerable welfare payment recipients 190
123UCB Persons subject to the income management regime--disengaged youth .. 190
123UCC Persons subject to the income management regime--long-term welfare payment recipients 191
123UD.. Persons subject to the income management regime--school enrolment 192
123UE... Persons subject to the income management regime--school attendance .. 194
123UF... Persons subject to the income management regime--Queensland Commission 195
123UFA Persons subject to the income management regime--voluntary income management agreement 197
Subdivision BA--Additional provisions relating to vulnerable welfare payment recipients 197
123UGA Vulnerable welfare payment recipients .......................................... 197
Subdivision BB--Additional provisions relating to disengaged youth and long-term welfare payment recipients 199
123UGB Exempt welfare payment recipient--inclusion in specified class ... 199
123UGC Exempt welfare payment recipient--persons without dependent children 199
123UGD Exempt welfare payment recipient--persons with dependent children 200
123UGE Child can be dependent child of only one person at a time ............. 201
123UGF Full-time student ............................................................................ 202
123UGG School age child ............................................................................ 202
Subdivision C--Additional provisions relating to school enrolment and attendance 202
123UH.. Eligible care child ............................................................................ 202
123UI.... Applicable school period ................................................................. 203
123UJ... Eligible care period .......................................................................... 203
123UK.. Unsatisfactory school attendance situation ...................................... 204
123UL... Formal warning--unsatisfactory school attendance situation .......... 204
Subdivision D--Voluntary income management agreements 204
123UM. Voluntary income management agreement ...................................... 204
123UN.. Duration of voluntary income management agreement .................... 205
123UO.. Termination of voluntary income management agreement ............... 206
Division 3--Establishment of the Income Management Record 208
123VA.. Establishment of the Income Management Record .......................... 208
123VC.. Bank account ................................................................................... 208
Division 4--Income management accounts 209
Subdivision A--Income management accounts 209
123WA. Income management accounts ......................................................... 209
123WB.. Opening of income management accounts ...................................... 209
123WC.. Closing of income management accounts ........................................ 210
123WD. Income management accounts may have a nil balance ..................... 210
123WE.. One income management account per person .................................. 210
123WF.. Credits to, and debits from, a person's income management account 211
Subdivision B--Account statements 211
123WG. Internet and telephone access to account statements etc. .................. 211
123WH. Person may request account statements ........................................... 211
123WI... Account statements to be given ....................................................... 212
Subdivision C--Miscellaneous 212
123WJ... Payment of credit balances of income management accounts--person ceases to be subject to the income management regime ............................................................................................. 212
123WJA Ceasing payment of credit balances of income management accounts--person becomes subject to the income management regime again ............................................................... 215
123WK.. Payment into bank account etc. of credit balances of income management accounts--person ceases to be subject to the income management regime ............................................................ 216
123WL.. Payment of credit balances of income management accounts--person dies 217
123WM. Payment into bank account etc. of credit balances of income management accounts--person dies 218
123WN. Crediting of amounts to income management accounts--Ministerial rules 218
Division 5--Deductions from welfare payments 219
Subdivision B--Child protection 219
123XI.... Deductions from category I welfare payments--instalments .......... 219
123XJ... Deductions from category I welfare payments--lump sums ........... 220
Subdivision BA--Vulnerable welfare payment recipients 220
123XJA Deductions from category I welfare payments--instalments .......... 220
123XJB. Deductions from category I welfare payments--lump sums ........... 222
Subdivision BB--Disengaged youth and long-term welfare payment recipients 223
123XJC. Deductions from category I welfare payments--instalments .......... 223
123XJD Deductions from category I welfare payments--lump sums ........... 224
Subdivision C--School enrolment and attendance 225
123XK.. Deductions from category I welfare payments--instalments .......... 225
123XL... Deductions from category I welfare payments--lump sums ........... 226
Subdivision D--Queensland Commission 227
123XM. Deductions from category Q welfare payments--instalments ......... 227
123XN.. Deductions from category Q welfare payments--lump sums ......... 227
123XO.. Deductions from category S welfare payments--instalments ......... 228
123XP... Deductions from category S welfare payments--lump sums .......... 229
Subdivision DA--Voluntary income management agreements 230
123XPA Deductions from category I welfare payments--instalments .......... 230
123XPB Deductions from category I welfare payments--lump sums ........... 231
Subdivision DB--Economic security strategy payments and household stimulus payments 232
123XPC Deductions from economic security strategy payments ................... 232
123XPD Deductions from household stimulus payments .............................. 232
Subdivision DC--Student start-up scholarship payments and relocation scholarship payments 233
123XPF Deductions from student start-up scholarship payments ................. 233
123XPG Deductions from relocation scholarship payments .......................... 234
Subdivision DD--Voluntary income management incentive payments and matched savings scheme (income management) payments 234
123XPH Deductions from voluntary income management incentive payments 234
123XPI. Deductions from matched savings scheme (income management) payments 235
Subdivision DE--Clean energy income-managed payments 236
123XPJ. Deductions from clean energy income-managed payments ............. 236
Subdivision E--Deducted amount taken to have been paid 236
123XQ.. Deducted amount taken to have been paid ....................................... 236
Division 6--Debits from income management accounts 238
Subdivision A--General 238
123YA.. Priority needs--application of income management account ........... 238
123YB.. Secretary must have regard to the best interests of children ............ 239
Subdivision B--Restricted debits 239
123YC.. Vouchers--general ......................................................................... 239
123YD.. Vouchers--Part 3B payment nominee ............................................ 241
123YE... Stored value cards--general [see Note 2] ....................................... 242
123YF... Stored value cards--Part 3B payment nominee .............................. 244
123YG.. Expense payment--general ............................................................. 246
123YH.. Expense payment--Part 3B payment nominee ................................ 247
123YI.... Crediting of account--general ......................................................... 249
123YJ... Crediting of account--Part 3B payment nominee ........................... 250
123YK.. Transfers to accounts--general ....................................................... 252
123YL... Transfers to accounts--Part 3B payment nominee .......................... 254
123YM. Restricted direct payment--general ................................................. 256
123YN.. Restricted direct payment--Part 3B payment nominee .................... 258
Subdivision C--Unrestricted debits 260
123YO.. Unrestricted direct payment--general ............................................. 260
123YP... Unrestricted direct payment--Part 3B payment nominee ................ 262
Subdivision D--Miscellaneous action 265
123YQ.. Miscellaneous action ....................................................................... 265
123YR.. Credit of income management account in error ............................... 266
Division 7--Information 267
123ZB... Information-gathering powers--school enrolment and attendance .. 267
123ZC... Child protection--notice of cancellation of category H welfare payments 267
123ZD... Queensland Commission--notice of cancellation of welfare payments 267
123ZE... Disclosure of information to the Secretary--child protection .......... 268
123ZEA Disclosure of information to the Secretary--Queensland Commission 269
123ZEB. Disclosure of information to the Secretary--school enrolment and attendance 269
Division 8--Debt recovery etc. 270
123ZF... Person other than payee obtaining payment of a cheque ................. 270
123ZG... Misuse of vouchers and stored value cards ..................................... 271
123ZH... Repayment of money credited to an account ................................... 272
123ZI.... Breach of condition relating to crediting of account ........................ 273
123ZIA. Balance of income management account falls below value of action taken under Division 6 274
123ZJ.... Value of action taken under Division 6 exceeds credit balance of income management account 275
Division 9--Miscellaneous 278
123ZK... Secretary must comply with certain directions given by the Queensland Commission 278
123ZL... Surrender of unused vouchers and unused stored value cards ........ 278
123ZM.. Vouchers ......................................................................................... 279
123ZN... Appropriation .................................................................................. 280
123ZNA Recording of amounts in accounts and records ............................... 281
123ZO... This Part has effect despite other provisions etc. ............................. 281
Part 3C--Schooling requirements 282
Division 1--General 282
124........ Scope .............................................................................................. 282
124A..... Enrolment and attendance at school ................................................. 283
124B..... Schooling requirement child ............................................................ 283
124C..... Schooling requirement determination .............................................. 284
124D..... Schooling requirement payments .................................................... 284
124E...... Application to payments under the Veterans' Entitlements Act ....... 284
Division 2--School enrolment 286
124F...... School enrolment--enrolment notices ............................................. 286
124G..... School enrolment--condition of schooling requirement payments . 286
124H..... School enrolment--suspension or cancellation for non-compliance with enrolment notice 287
124J...... School enrolment--when payments become payable after suspension 288
Division 3--School attendance 291
124K..... School attendance--attendance notices ........................................... 291
124L...... School attendance--condition of schooling requirement payments . 292
124M.... School attendance--suspension or cancellation for non-compliance with attendance notice 293
124N..... School attendance--when payments become payable after suspension 294
Division 4--Information about schooling 297
124P...... Schooling requirements--information about schooling .................. 297
Part 4--Review of decisions 298
Division 1--Effect of Part 298
124Q..... Application of Part to decisions under repealed laws ...................... 298
125........ Decisions by officers under instruments ......................................... 298
Division 2--Internal review 299
126........ Review of decisions by Secretary ................................................... 299
127........ Decisions that are not reviewable by the Secretary .......................... 299
128........ Notice to Principal Member or AAT Registrar ............................... 300
129........ Application for review .................................................................... 300
130........ Withdrawal of application ............................................................... 301
131........ Secretary may continue payment pending outcome of application for review 302
132........ Guidelines for exercise of Secretary's power to continue payment . 303
135........ Review of decisions following application under section 129 ......... 303
136........ Notice of decision on review ........................................................... 304
137........ Certain decisions not to be revived .................................................. 304
138........ Notification of further rights of review ........................................... 307
Division 3--Review by the Social Security Appeals Tribunal 308
Subdivision A--Preliminary 308
139........ Continuance of Social Security Appeals Tribunal ........................... 308
Subdivision B--Review by SSAT 308
140........ Application of Division ................................................................... 308
141........ SSAT objective ............................................................................... 309
142........ Application for review by SSAT .................................................... 309
143........ Application requirement for certain decisions ................................. 310
144........ Non-reviewable decisions ............................................................... 311
145........ Secretary may continue payment pending outcome of application for review 312
146........ Guidelines for exercise of Secretary's power to continue payment . 313
149........ SSAT review powers ...................................................................... 313
150 ........ SSAT review powers (Employment Pathway Plan decisions) ........ 315
151........ Powers of the SSAT ....................................................................... 315
152........ Date of effect of SSAT decisions (other than Employment Pathway Plan decisions) 317
153........ Date of effect of SSAT decision (Employment Pathway Plan decision) 318
154........ Application requirements ................................................................ 319
155........ Variation of decision before review completed ............................... 319
156........ Parties to SSAT review ................................................................... 320
Division 4--Procedures for review by the SSAT 321
Subdivision A--Preliminary procedures 321
157........ Procedure on receipt of application for review by SSAT ................ 321
158........ Parties to be given a statement about the decision under review ...... 322
159........ Arrangements for hearing of application ......................................... 322
160........ Notice of application to person affected by decision ....................... 323
Subdivision B--Submissions from parties other than Secretary 323
160A..... Subdivision does not apply in relation to Secretary ......................... 323
161........ Submissions to SSAT ..................................................................... 324
162........ SSAT hearings on written submissions only .................................. 324
163........ SSAT hearings without oral submissions by party ......................... 325
Subdivision BA--Submissions from Secretary 326
163A..... Submissions from Secretary ........................................................... 326
Subdivision BB--Other evidence provisions 327
164........ Evidence on oath or affirmation ...................................................... 327
165........ Provision of further information by Secretary ................................. 327
165A..... Power to obtain information or documents ..................................... 327
165B..... Inspecting and copying documents ................................................. 328
165C..... Retention of documents ................................................................... 328
166........ Exercise by Secretary of powers under section 192 ........................ 329
Subdivision BC--Pre-hearing conferences 329
166A..... Pre-hearing conferences .................................................................. 329
166B..... Powers of SSAT if parties reach agreement .................................... 330
Subdivision C--The hearing 331
167........ Hearing procedure ........................................................................... 331
168........ Hearing in private ............................................................................ 331
169........ Restrictions on disclosure of information obtained at hearing ......... 331
Subdivision D--Other procedural matters 332
170........ Adjournment of SSAT hearings ..................................................... 332
171........ Withdrawal of application for review .............................................. 332
172........ Dismissal of an application ............................................................. 333
173........ Presiding member at SSAT hearing ................................................ 333
174........ Decision of questions before SSAT ................................................ 333
175........ Directions as to procedure for hearings ........................................... 334
176........ Costs of review ............................................................................... 334
Subdivision E--Notification of decisions 335
177........ Procedure following SSAT decision ............................................... 335
Subdivision F--Correction of errors in decisions or statements of reasons 336
177A..... Correction of errors in decisions or statements of reasons .............. 336
Division 5--Review by the Administrative Appeals Tribunal 338
Subdivision A--Preliminary 338
178........ Application of Division ................................................................... 338
Subdivision B--Right to review by AAT 338
179........ Review of decisions by AAT .......................................................... 338
180........ Variation of decision before AAT review completed ...................... 339
181........ Review by AAT limited to decisions reviewed by SSAT ............... 340
182........ Settlement of proceedings before the AAT ..................................... 340
Subdivision C--Modification of Administrative Appeals Tribunal Act 340
183........ Definition ........................................................................................ 340
184........ Notice of application for review ...................................................... 340
185........ Parties to a review by the AAT ....................................................... 340
186........ Lodgment of documents with the AAT ........................................... 341
187........ Power of AAT to obtain additional information .............................. 341
188........ Operation and implementation of the decision under review ........... 342
189........ Failure of party to appear ................................................................ 342
Part 5--Information management 343
Division 1--Information gathering 343
191........ Application of Division ................................................................... 343
192........ General power to obtain information ............................................... 343
193........ Power to obtain information from a person who owes a debt to the Commonwealth 344
194........ Obtaining information about a person who owes a debt to the Commonwealth 344
195........ Obtaining information to verify claims etc. ..................................... 345
196........ Written notice of requirement .......................................................... 347
197........ Offence--failure to comply with requirement ................................. 348
198........ Obligations not affected by State or Territory laws ......................... 348
Division 2--End-of-employment statements 350
199........ Request for end-of-employment statement ...................................... 350
200........ Offence--failure to give end-of-employment statement .................. 350
Division 3--Confidentiality 351
201........ Operation of Division ..................................................................... 351
201A..... Definition of officer ......................................................................... 351
202........ Protection of personal information .................................................. 351
203........ Offence--unauthorised access to information ................................. 355
204........ Offence--unauthorised use of protected information ...................... 356
204A..... Use of tax file numbers ................................................................... 356
204B..... Secretary may require Commissioner to provide information in relation to claimants for low income supplement 357
205........ Offence--soliciting disclosure of protected information ................. 357
206........ Offence--offering to supply protected information ........................ 358
207........ Protection of certain documents etc. from production to court etc. .. 358
208........ Disclosure of information by Secretary ........................................... 359
208A..... Disclosure of information by Secretary--education expenses tax offset 360
209........ Guidelines for exercise of Secretary's disclosure powers ............... 360
210........ Officer's declaration ........................................................................ 361
Part 6--Offences 362
Division 1--Preliminary 362
211........ Application of Part .......................................................................... 362
Division 2--Offences 363
212........ False statement in connection with claim or hardship request ......... 363
213........ False statement to deceive or affect rates ......................................... 363
214........ False statement or document ........................................................... 364
215........ Obtaining payment that is not payable ............................................. 364
216........ Payment obtained through fraud etc. ............................................... 365
Division 3--Penalties 367
217........ Penalty for contravention of Division 2 .......................................... 367
218........ Repayment of social security payment ............................................ 367
219........ Penalty where person convicted of more than one offence .............. 367
Division 4--Procedural matters 368
220........ Joining of charges ........................................................................... 368
221........ Particulars of each offence .............................................................. 368
222........ Trial of joined charges ..................................................................... 368
223........ Evidentiary effect of Secretary's certificate ..................................... 368
224........ Enforcement of court certificate as judgment ................................... 369
Division 5--Liability of certain employers and principals for offences 370
Subdivision A--Interpretation 370
225........ State of mind of a person ................................................................ 370
228........ Offence ........................................................................................... 370
Subdivision C--Proceedings against non-corporations 370
231........ State of mind of individual .............................................................. 370
232........ Conduct of employee or agent ......................................................... 371
233........ Exclusion of imprisonment as penalty for certain offences ............. 371
Part 7--Miscellaneous 372
234........ Delegation ....................................................................................... 372
235........ Authorised review officers .............................................................. 373
236........ Decisions to be in writing ............................................................... 373
237........ Notice of decisions .......................................................................... 373
238........ Payments to Commissioner of Taxation or the Child Support Registrar 374
239........ Judicial notice of certain matters ...................................................... 374
240........ Documentary evidence .................................................................... 375
240A..... Form of cards .................................................................................. 376
240B..... Restrictions on listing of dependants ............................................... 377
240C..... Issue of replacement card on expiry of automatic issue card ........... 378
241........ Annual report .................................................................................. 379
242........ Appropriation .................................................................................. 379
243........ Regulations ..................................................................................... 379
Part 8--Transitional and saving provisions 381
244 ........ Construction of references to 1991 Act ........................................... 381
245 ........ Correspondence of provisions ........................................................ 381
246 ........ Saving of social security payments and concession cards ............... 381
247 ........ Saving of instruments under 1991 Act ............................................ 382
248 ........ Saving of claims for social security payments and concession cards 382
249........ Transitional instalment period ......................................................... 383
250 ........ Application for amount owing at recipient's death ........................... 383
251 ........ Power to obtain information about events etc. before 20 March 2000 384
252 ........ Unfinished reviews by Secretary .................................................... 384
253 ........ Unfinished reviews by SSAT ......................................................... 385
254 ........ Unfinished reviews by AAT ........................................................... 385
255........ Saving of steps in review process ................................................... 386
256........ Entitlements and liabilities ............................................................... 386
257........ Transitional regulations ................................................................... 386
Schedule 1--Dictionary 387
1............ Definitions ...................................................................................... 387
Schedule 2--Rules for working out start day 391
Part 1--Introductory 391
1............ Definitions ...................................................................................... 391
2............ Different start days under Parts 2 and 3 .......................................... 391
Part 2--General rules 393
3............ Start day--general rule .................................................................... 393
4............ Start day--early claim ..................................................................... 393
5............ Effect of exclusion period ............................................................... 395
5A......... Start day for parenting payment where one member of a couple commits a serious failure or is unemployed as a result of a voluntary act or misconduct .......................................................... 396
6............ Saving ............................................................................................. 396
Part 3--Backdated start day 397
Division 1--Explanatory 397
7............ Explanation of Part .......................................................................... 397
Division 2--Rules applying to all or most social security payments 398
8............ Claim made soon after partner's claim ............................................ 398
9............ Claim by transferee ......................................................................... 398
10.......... Claim soon after childbirth .............................................................. 399
11.......... Incapacitated claimant ...................................................................... 399
12.......... Claim after death of partner ............................................................. 400
13.......... Claim for social security payment following claim for AGDRP ..... 400
14.......... Claim where Part 3.14A of the 1991 Act applies ............................ 400
14A....... Claim where Part 3.14B of the 1991 Act applies ............................ 401
Division 3--Rules applying to particular social security payments 402
15.......... Certain persons subject to cancellation of austudy payment, newstart allowance, youth allowance or special benefit ........................................................................................................ 402
15A....... Carer payment claimed on or after 1 July 2009 and before 1 October 2009 402
16.......... Carer allowance for disabled child or children ................................ 403
17.......... Carer allowance for disabled adult .................................................. 403
18.......... Double orphan pension ................................................................... 404
19.......... Double orphan pension--claim following death of former recipient 404
28.......... Newstart allowance--claimant for disability support pension ......... 404
29.......... Parenting payment ........................................................................... 405
30.......... Pensioner education supplement ..................................................... 405
31.......... Pensioner education supplement: claim before 1 April .................... 405
32.......... Pensioner education supplement: claim before 1 August ................ 406
33.......... Sickness allowance: incapacitated claimant ..................................... 406
34.......... Youth allowance: incapacitated claimant ......................................... 406
35.......... Youth allowance--claimant for disability support pension ............. 407
36.......... Youth allowance--initial claim for family tax benefit ..................... 407
Division 4--Rules applying to health care cards 408
37.......... Health care cards, other than automatic issue health care cards ....... 408
Schedule 3--Constitution and membership of the Social Security Appeals Tribunal 410
Part 1--Membership of the SSAT 410
1............ Composition of the SSAT ............................................................... 410
2............ The Principal Member ..................................................................... 410
3............ Appointment of members ................................................................ 410
4............ Period of appointment ..................................................................... 411
5............ Conditions of appointment .............................................................. 411
6............ Acting appointment: Principal Member ........................................... 411
7............ Acting appointments: other members .............................................. 412
8............ Extension of acting appointments .................................................... 412
9............ Effect of acts done by persons appointed to act ............................... 413
Part 2--Organisation of the business of the SSAT 415
10.......... Constitution of SSAT for each hearing ........................................... 415
11.......... Number of members for hearings ................................................... 415
12.......... Member unavailable to complete review ......................................... 415
Part 3--Administrative matters 417
13.......... Remuneration and allowances of members ..................................... 417
14.......... Leave of absence ............................................................................. 417
15.......... Approval to engage in outside employment .................................... 417
16.......... Resignation ..................................................................................... 418
17.......... Removal from office ....................................................................... 418
18.......... Disclosure of interests ..................................................................... 420
19.......... Disclosure of confidential information ............................................ 420
20.......... Delegation by the Principal Member ............................................... 422
21.......... Protection of members and witnesses ............................................. 422
22.......... Fees for witnesses ........................................................................... 423
23.......... Oath or affirmation of office ........................................................... 423
24.......... Staff of the SSAT ........................................................................... 423
25.......... Annual report .................................................................................. 423
Part 4--Saving provisions 424
26.......... Saving of appointments ................................................................... 424
27.......... Saving of acts done ......................................................................... 424
28.......... Saving of reviews in progress ......................................................... 425
Schedule 4--Forms of oath and affirmation 426
Schedule 5--Provisions relating to the Chief Executive Centrelink etc. 427
1............ References to the Secretary and the Department--requirements etc. by delegate 427
2............ References to the Secretary and the Department--directions by Secretary 428
Notes 431
Notes to
the
Social Security (Administration) Act 1999 Note 1 The Social Security (Administration) Act 1999 as shown
in this
compilation comprises Act No. 191, 1999
amended as indicated in the Tables below. For all relevant information pertaining to application, saving
or transitional provisions see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
|
191, 1999 |
23 Dec 1999 |
Ss. 1-6 and 257: Royal Assent |
|
|
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 824, 825): (a) |
-- |
|
|
179, 1999 |
22 Dec 1999 |
Schedule 5 (items 67, 68): 1 July 2000 (b) |
-- |
|
|
|
as amended by |
|
|
|
|
|
|
Family and Community Services Legislation Amendment Act 2003 |
30, 2003 |
15 Apr 2003 |
Schedule 2 (item 90): (ba) |
-- |
|
|
Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 |
192, 1999 |
23 Dec 1999 |
Schedules 1 and 2: 20 Mar 2000 |
-- |
|
|
44, 2000 |
3 May 2000 |
Schedule 3 (item 48): 20 Mar 2000 (c) |
-- |
|
|
|
A New Tax System (Family Assistance and Related Measures) Act 2000 |
45, 2000 |
3 May 2000 |
Schedule 3 (items 16-55), Schedules 5 and 6: (d) |
Sch. 5 and Sch. 6 |
|
|
Family and Community Services Legislation Amendment Act 2000 |
70, 2000 |
27 June 2000 |
Schedule 4 (item 1):
20 Mar 2000 (e) |
-- |
|
|
Social Security and Veterans' Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000 |
94, 2000 |
30 June 2000 |
Schedule 2 (Part 1): 1 July 2000 (f) |
Sch. 2 (item 14) |
|
|
Family and Community Services Legislation Amendment (New Zealand Citizens) Act 2001 |
18, 2001 |
30 Mar 2001 |
Schedule 2 (items 16, 17): Royal Assent (g) |
-- |
|
|
42, 2001 |
25 May 2001 |
Schedule 2: 1 Sept 2001 |
-- |
|
|
|
Family and Community Services Legislation Amendment (One-off Payment to the Aged) Act 2001 |
43, 2001 |
25 May 2001 |
25 May 2001 |
-- |
|
|
Family and Community Services and Veterans' Affairs Legislation Amendment (Debt Recovery) Act 2001 |
47, 2001 |
12 June 2001 |
Schedule 2: Royal Assent (h) |
Sch. 2 (item 3) |
|
|
Family and Community Services Legislation (Simplification and Other Measures) Act 2001 |
71, 2001 |
30 June 2001 |
Schedule 1 (item 30): 20 Sept 2001 (i) |
-- |
|
|
75, 2001 |
30 June 2001 |
Schedule 5 (item 70): Royal Assent (j) |
-- |
|
|
|
Social Security Legislation Amendment (Concession Cards) Act 2001 |
80, 2001 |
30 June 2001 |
1 July 2001 |
Sch. 1 (item 25) |
|
|
Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001 |
137, 2001 |
1 Oct 2001 |
2 Oct 2001 |
|
|
|
73, 2002 |
6 Sept 2002 |
Schedule 2: Royal Assent |
-- |
|
|
|
Family and Community Services Legislation Amendment (Budget Initiatives and Other Measures) Act 2002 |
95, 2002 |
10 Nov 2002 |
Schedules 1 and 2: 1 July 2003 |
Sch. 1 (item 11) |
|
|
Family and Community Services Legislation Amendment (Special Benefit Activity Test) Act 2002 |
147, 2002 |
19 Dec 2002 |
Schedule 1 (items 28-41): 1 Jan 2003 |
-- |
|
|
Family and Community Services Legislation Amendment Act 2003 |
30, 2003 |
15 Apr 2003 |
Schedule 1 (items 77-111) and Schedule 4
(item 117): Royal Assent |
-- |
|
|
Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003 |
35, 2003 |
24 Apr 2003 |
Schedules 1, 1A, 2 and 4-6: 20 Sept 2003 |
S. 4 (rep. by 154, 2005, Sch. 23 [item 6]) |
|
|
as amended by |
|
|
|
|
|
|
154, 2005 |
14 Dec 2005 |
Schedule 23 (item 6): Royal Assent |
-- |
|
|
|
122, 2003 |
5 Dec 2003 |
Schedule 2 (item 23): Royal Assent |
Sch. 4 (item 1) |
|
|
|
Family Assistance Legislation Amendment (More Help for Families--One-off Payments) Act 2004 |
60, 2004 |
26 May 2004 |
26 May 2004 |
Sch. 3 (item 1) |
|
|
Family and Community Services and Veterans' Affairs Legislation Amendment (Sugar Reform) Act 2004 |
109, 2004 |
13 July 2004 |
13 July 2004 |
-- |
|
|
132, 2004 |
8 Dec 2004 |
Schedule 1 (items 8-16) and Schedule 2 (items 10-13): 1 Dec 2004 |
Sch. 2 (item 13) |
|
|
|
Social Security Legislation Amendment (One-off Payments for Carers) Act 2005 |
55, 2005 |
25 May 2005 |
25 May 2005 |
Sch. 2 (item 1) (am. by 19, 2008, Sch. 3 [item 70]) |
|
|
as amended by |
|
|
|
|
|
|
19, 2008 |
26 May 2008 |
Schedule 3 (item 70): Royal Assent |
-- |
|
|
|
as amended by |
|
|
|
|
|
|
8, 2010 |
1 Mar 2010 |
Schedule 2 (item 20): (see 8, 2010 below) |
-- |
|
|
|
61, 2005 |
26 June 2005 |
Schedule 4 (items 19, 28): 1 July 2005 |
Sch. 4 (item 28) |
|
|
|
154, 2005 |
14 Dec 2005 |
Schedule 22 (items 1-10, |
Sch. 22 (items |
|
|
|
as amended by |
|
|
|
|
|
|
64, 2006 |
22 June 2006 |
Schedule 14 (items 11, 12): (m) |
-- |
|
|
|
36, 2006 |
3 May 2006 |
Schedule 6: 1 July 2006 |
-- |
|
|
|
41, 2006 |
22 May 2006 |
22 May 2006 |
-- |
|
|
|
64, 2006 |
22 June 2006 |
Schedule 13: (n) |
Sch. 13 (item 15) |
|
|
|
82, 2006 |
30 June 2006 |
Schedule 4 (items 19-27): 1 Dec 2006 |
-- |
|
|
|
Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006 |
108, 2006 |
27 Sept 2006 |
Schedule 4 and Schedule 8 (items 204-224): Royal Assent |
Sch. 4 (item 12) |
|
|
Child Support Legislation Amendment (Reform of the Child Support Scheme--New Formula and Other Measures) Act 2006 |
146, 2006 |
6 Dec 2006 |
Schedule 3 (item 76): 1 Jan 2007 |
-- |
|
|
156, 2006 |
8 Dec 2006 |
Schedule 1: 1 Jan 2007 |
-- |
|
|
|
8, 2007 |
15 Mar 2007 |
Schedule 1 (items 22-24): (o) |
-- |
|
|
|
65, 2007 |
15 Apr 2007 |
Schedule 1 (items 53, 54): Royal Assent |
Sch. 1 (item 54) |
|
|
|
66, 2007 |
11 May 2007 |
Schedule 1 (items 12-14) and Schedule 3 (items 7-9): Royal Assent |
-- |
|
|
|
82, 2007 |
21 June 2007 |
Schedule 12 (items 14, 15): (p) |
Sch. 12 (item 15) |
|
|
|
113, 2007 |
28 June 2007 |
Schedule 1: 1 July 2007 |
-- |
|
|
|
Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 |
130, 2007 |
17 Aug 2007 |
18 Aug 2007 |
|
|
|
as amended by |
|
|
|
|
|
|
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 |
93, 2010 |
29 June 2010 |
Schedule 1 (items 3, 4): 31 Dec 2010 |
Sch. 1 (item 4) |
|
|
Social Security Amendment (2007 Measures No. 2) Act 2007 |
173, 2007 |
28 Sept 2007 |
Schedule 1 (items 1-5, 8-34, 36-48): 1 Jan 2008 |
Sch. 1 (item 48) |
|
|
182, 2007 |
28 Sept 2007 |
Schedule 1: 1 Oct 2007 |
-- |
|
|
|
183, 2007 |
28 Sept 2007 |
1 Jan 2008 |
Sch. 1 (items 33, 36) |
|
|
|
Social Security and Veterans' Affairs Legislation Amendment (Enhanced Allowances) Act 2008 |
5, 2008 |
20 Mar 2008 |
20 Mar 2008 |
-- |
|
|
19, 2008 |
26 May 2008 |
Schedule 1 (items 11-14): (q) |
Sch. 1 (item 14), Sch. 3 (item 10) and Sch. 5 (item 25) |
|
|
|
26, 2008 |
23 June 2008 |
Schedule 1 (items 113-116): Royal Assent |
-- |
|
|
|
42, 2008 |
25 June 2008 |
Schedule 1 (items 19, 20): 26 June 2008 (see s. 2(1)) |
-- |
|
|
|
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 |
63, 2008 |
30 June 2008 |
S. 4 and Schedule 4 (items 11-13): Royal
Assent |
S. 4, Sch. 3 (item 11) and Sch. 4 (item 13) |
|
|
Social Security and Other Legislation Amendment (Employment Entry Payment) Act 2008 |
64, 2008 |
30 June 2008 |
1 July 2008 |
Sch. 1 (item 11(3), (5), (6)) |
|
|
73, 2008 |
3 July 2008 |
Schedule 1 (item 46): (r) |
-- |
|
|
|
Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008 |
131, 2008 |
1 Dec 2008 |
Schedule 1 (items 5-7) and Schedule 5 (items 15, 16): Royal Assent |
-- |
|
|
141, 2008 |
9 Dec 2008 |
Schedule 1 (items 6, 10): Royal Assent |
Sch. 1 (item 10) |
|
|
|
Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Act 2008 |
149, 2008 |
11 Dec 2008 |
Schedule 1 (items 3-21, 34): Royal Assent |
Sch. 1 (item 34) |
|
|
4, 2009 |
18 Feb 2009 |
Schedule 1 (items 6-10), Schedule 4 and Schedule 5 (items 18-20): Royal Assent |
Sch. 4 |
|
|
|
Social Security Legislation Amendment (Employment Services Reform) Act 2009 |
7, 2009 |
24 Feb 2009 |
Schedule 1 (items 1, 34-55, 56(1), (3), (4)), Schedule 2 (items 200-208) and Schedule 4 (items 11-14): 1 July 2009 |
Sch. 1 (item 56(1), (3), (4)), Sch. 2 (item 208) and Sch. 4 (item 12) |
|
|
Social Security Amendment (Liquid Assets Waiting Period) Act 2009 |
25, 2009 |
26 Mar 2009 |
Schedule 1 (item 12): (s) |
-- |
|
|
Social Security and Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009 |
35, 2009 |
27 May 2009 |
Schedule 1 (items 5-12): Royal Assent |
-- |
|
|
37, 2009 |
3 June 2009 |
Schedule 2 (item 35): 4 June 2009 |
-- |
|
|
|
Social Security Legislation Amendment (Improved Support for Carers) Act 2009 |
44, 2009 |
23 June 2009 |
Schedule 2: 1 July 2009 |
Sch. 2 (item 4) |
|
|
45, 2009 |
23 June 2009 |
Schedule 2: (t) |
-- |
|
|
|
Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Act 2009 |
48, 2009 |
24 June 2009 |
Schedule 2: Royal Assent |
Sch. 2 (item 2) |
|
|
Social Security Legislation Amendment (Digital Television Switch-over) Act 2009 |
58, 2009 |
26 June 2009 |
Schedule 1: 27 June 2009 |
-- |
|
|
60, 2009 |
29 June 2009 |
Schedule 4 (items 34, 94-102, 104): 20 Sept 2009 |
Sch. 4 (item 104) |
|
|
|
Veterans' Affairs and Other Legislation Amendment (Pension Reform) Act 2009 |
81, 2009 |
10 Sept 2009 |
Schedule 4 (items 144-148):
(u) |
Sch. 4 (items 210(5), 211(4), 215(3)) |
|
|
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 |
4, 2010 |
19 Feb 2010 |
Schedule 10 (item 28): 20 Feb 2010 |
-- |
|
|
8, 2010 |
1 Mar 2010 |
Schedule 2 (item 20) and Schedule 5 (items 137(a), 138): (v) |
Sch. 5 (item 138) |
|
|
|
Social Security and Other Legislation Amendment (Income Support for Students) Act 2010 |
17, 2010 |
24 Mar 2010 |
Schedule 2 (items 24-31): 1 Apr 2010 |
-- |
|
|
33, 2010 |
13 Apr 2010 |
Schedule 1 (items 15-24):
14 Apr 2010 |
Sch. 1 (item 24) |
|
|
|
38, 2010 |
13 Apr 2010 |
Schedule 2 and
Schedule 7 (items 34, 35): 14 Apr 2010 |
Sch. 2 (items 9, 10)
and Sch. 3 (items 16, 17, |
|
|
|
Social Security and Family Assistance Legislation Amendment (Weekly Payments) Act 2010 |
45, 2010 |
14 Apr 2010 |
Schedule 1 (items 9, 11) and Schedule 2: Royal Assent |
-- |
|
|
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Act 2010 |
89, 2010 |
29 June 2010 |
Schedule 2 (items 1-14,
16, |
Sch. 2 (items 37, 50, 57, 60, 63) |
|
|
Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 |
93, 2010 |
29 June 2010 |
Schedule 2 (items 1-53,
|
Sch. 2 (items |
|
|
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 |
103, 2010 |
13 July 2010 |
Schedule 6 (items 1, 96-99): 1 Jan 2011 |
-- |
|
|
Social Security Legislation Amendment (Connecting People with Jobs) Act 2010 |
130, 2010 |
24 Nov 2010 |
Schedule 1: 1 Jan
2011 |
Sch. 1 (item 5) |
|
|
Statute Law Revision Act 2011 |
5, 2011 |
22 Mar 2011 |
Schedule 5 (items 202-204), Schedule 6 (items 102-104) and Schedule 7 (items 127, 128): 19 Apr 2011 |
-- |
|
|
Human Services Legislation Amendment Act 2011 |
32, 2011 |
25 May 2011 |
Schedule 4 (items 575-606, 656): 1 July 2011 |
-- |
|
|
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Act 2011 |
34, 2011 |
26 May 2011 |
Schedule 7 (items 2, 3): Royal Assent |
-- |
|
|
Acts Interpretation Amendment Act 2011 |
46, 2011 |
27 June 2011 |
Schedule 2 (items 1055-1058) and Schedule 3 (items 10, 11): 27 Dec 2011 |
Sch. 3 (items 10, 11) |
|
|
Social Security Legislation Amendment (Job Seeker Compliance) Act 2011 |
48, 2011 |
27 June 2011 |
Schedule 1: 1 July
2011 |
Sch. 1 (item 20) |
|
|
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 |
50, 2011 |
27 June 2011 |
Schedule 5 (items 3-96): 28 June 2011 |
Sch. 5 (item 61) |
|
|
Family Assistance and Other Legislation Amendment Act 2011 |
52, 2011 |
28 June 2011 |
Schedule 4: Royal Assent |
-- |
|
|
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 |
58, 2011 |
28 June 2011 |
Schedule 1 (items 158, 159): (y) |
-- |
|
|
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 |
79, 2011 |
25 July 2011 |
Schedule 4 (item 8): (z) |
Sch. 4 (item 11) |
|
|
as amended by |
|
|
|
|
|
|
Human Services Legislation Amendment Act 2011 |
32, 2011 |
25 May 2011 |
Schedule 4 (item 658): (za) |
-- |
|
|
Social Security and Other Legislation Amendment (Miscellaneous Measures) Act 2011 |
91, 2011 |
4 Aug 2011 |
Schedule 1: 20 Mar 2000 |
Sch. 1 (item 3) and Sch. 3 |
|
|
Clean Energy (Household Assistance Amendments) Act 2011 |
141, 2011 |
29 Nov 2011 |
Schedule 1 (item 11) and Schedule 10 (items 24-30):
14 May 2012 |
Sch. 6 (item 8) and Sch. 7 (items 35, 36) |
|
|
Social Security Legislation Amendment (Family Participation Measures) Act 2011 |
173, 2011 |
5 Dec 2011 |
Schedule 1 (items 10-20): 1 Jan 2012 |
-- |
|
(a) The Social Security (Administration) Act 1999 was amended by Schedule 1 (items 824 and 825) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1), (2) and (4) of which provide as follows:
(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act commences at the commencing time.
(4) If:
(a) an item (the amending item) of a Schedule to this Act is expressed to amend, or to amend a part of, a section (the amended section) of another Act; and
(b) at the time when the Public Service Act 1999 commences, the amended section:
(i) has not yet been enacted; or
(ii) has been enacted but has not yet commenced;
then the amending item commences immediately after the commencement of the amended section.
Schedule 1 (items 824 and 825) commenced on 20 March 2000.
(b) The Social Security (Administration) Act 1999 was amended by Schedule 5 (items 67 and 68) only of the A New Tax System (Tax Administration) Act 1999, subsection 2(9)(a) of which provides as follows:
(9) The following provisions commence on 1 July 2000:
(a) the provisions of Schedule 5 (other than Part 2 of that Schedule and the amendments of the Taxation Administration Act 1953 made by Part 1 of that Schedule);
(ba) Subsection 2(1) (item 14) of the Family and Community Services Legislation Amendment Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
14. Schedule 2, item 90 |
Immediately after the commencement of the provisions of Schedule 5 to the A New Tax System (Tax Administration) Act 1999 that commenced in accordance with subsection 2(9) of that Act |
1 July 2000 |
(c) The Social Security (Administration) Act 1999 was amended by Schedule 3 (item 48) only of the A New Tax System (Tax Administration) Act (No. 1) 2000, subsection 2(7)(a) of which provides as follows:
(7) Item 48 of Schedule 3 commences, or is taken to have commenced:
(a) on 20 March 2000; or
(d) The Social Security (Administration) Act 1999 was amended by Schedule 3 (items 16-55) only of the A New Tax System (Family Assistance and Related Measures) Act 2000, subsection 2(4) of which provides as follows:
(4) Schedule 2, items 3 to 5 and 15 to 57 of Schedule 3 and Schedules 5 and 6 commence immediately after the commencement of the provisions referred to in subsection 2(2) of the A New Tax System (Family Assistance) (Administration) Act 1999.
The provisions referred to in subsection 2(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 commenced on 1 July 2000.
(e) The Social Security (Administration) Act 1999 was amended by Schedule 4 (items 1-3) only of the Family and Community Services Legislation Amendment Act 2000, subsections 2(5) and (6) of which provide as follows.
(5) Item 1 of Schedule 4 commences, or is taken to have commenced, on 20 March 2000, immediately after the commencement of Part 3 of the Social Security (Administration) Act 1999.
(6) Items 2 and 3 of Schedule 4 commence on 20 March 2000, immediately after the commencement of Schedule 2 to the Social Security (Administration) Act 1999 or on the day on which this Act receives the Royal Assent, whichever is the later.
(f) The Social Security (Administration) Act 1999 was amended by Schedule 2 only of the Social Security and Veterans' Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000, subsections 2(2)(b) and (5) of which provide as follows:
(2) The following provisions commence, or are taken to have commenced, on 20 September 2000:
(b) Parts 2 and 3 of Schedule 2;
(5) Part 1 of Schedule 2, and Schedules 4 and 5, commence, or are taken to have commenced, on 1 July 2000.
(g) The Social Security (Administration) Act 1999 was amended by Schedule 2 (items 16-18) only of the Family and Community Services Legislation Amendment (New Zealand Citizens) Act 2001, subsections 2(1) and (2) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) If this section commences before, or at the same time as, the commencement of the Social Security Legislation Amendment (Concession Cards) Act 2001, Part 2 of Schedule 1 and item 18 of Schedule 2 commence immediately after the commencement of that Act.
The Social Security Legislation Amendment (Concession Cards) Act 2001 came into operation on 1 July 2001.
(h) The Social Security (Administration) Act 1999 was amended by Schedule 2 (items 1 and 2) only of the Family and Community Services and Veterans' Affairs Legislation Amendment (Debt Recovery) Act 2001, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(i) The Social Security (Administration) Act 1999 was amended by Schedule 1 (item 30) only of the Family and Community Services Legislation (Simplification and Other Measures) Act 2001, subsection 2(2) of which provides as follows:
(2) Schedule 1 (other than item 15) commences on 20 September 2001.
(j) The Social Security (Administration) Act 1999 was amended by Schedule 5 (item 70) only of the Child Support Legislation Amendment Act 2001, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(k) Subsection 2(1) (item 5) of the Family and Community Services Legislation Amendment Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Provision(s) |
Commencement |
Date/Details |
|
5. Schedule 1, items 117 to 123 |
Immediately after the commencement of those provisions of the Social Security (Administration) Act 1999 that commenced in accordance with subsection 2(1) of that Act |
20 March 2000 |
(l) Subsection 2(1) (items 4 and 12) of the Family and Community Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Provision(s) |
Commencement |
Date/Details |
|
4. Schedule 7, item 1 |
Immediately after the commencement of Schedule 3 to the Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003. |
22 May 2003 |
|
12. Schedule 7, item 9 |
Immediately after the commencement of item 59 of Schedule 6 to the Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003. |
20 September 2003 |
(m) Subsection 2(1) (item 30) of the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) (Consequential Amendments) Act 2006 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
30. Schedule 14, items 11 and 12 |
Immediately before the commencement of Part 4 of Schedule 22 to the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005. |
1 July 2006 |
(n) Subsection 2(1) (items 24-26) of the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) (Consequential Amendments) Act 2006 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
24. Schedule 13, items 1 to 20 |
Immediately after the commencement of Part 4 of Schedule 22 to the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005. |
1 July 2006 |
|
25. Schedule 13, item 21 |
Immediately after the commencement of Part 5 of Schedule 22 to the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005. |
14 December 2005 |
|
26. Schedule 13, items 22 to 24 |
Immediately after the commencement of Part 4 of Schedule 22 to the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005. |
1 July 2006 |
(o) Subsection 2(1) (items 19 and 20) of the Statute Law Revision Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
19. Schedule 1, item 22 |
Immediately after the commencement of item 42 of Schedule 3 to the A New Tax System (Family Assistance and Related Measures) Act 2000. |
1 July 2000 |
|
20. Schedule 1, items 23 and 24 |
Immediately after the commencement of Schedule 3 to the Social Security (Administration) Act 1999. |
20 March 2000 |
(p) Subsection 2(1) (items 38 and 39) of the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
38. Schedule 12, items 14 and 15 |
Immediately after the commencement of item 5 of Schedule 4 to the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006. |
1 December 2006 |
|
39. Schedule 12, item 16 |
Immediately after the commencement of item 42 of Schedule 3 to the A New Tax System (Family Assistance and Related Measures) Act 2000. |
1 July 2000 |
(q) Subsection 2(1) (items 2, 3, 5 and 6) of the Social Security and Veterans' Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1, Part 1 |
Immediately after the commencement of the provision(s) covered by table item 3. |
26 May 2008 |
|
3. Schedule 1, Part 2 |
The day on which this Act receives the Royal Assent. |
26 May 2008 |
|
5. Schedule 3, Part 1 |
Immediately after the commencement of the provision(s) covered by table item 6. |
26 May 2008 |
|
6. Schedule 3, Part 2 |
The day on which this Act receives the Royal Assent. |
26 May 2008 |
(r) Subsection 2(1) (item 30) of the Statute Law Revision Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
30. Schedule 1, item 46 |
Immediately after the commencement of item 39 of Schedule 1 to the Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003. |
20 September 2003 |
(s) Subsection 2(1) (item 3) of the Social Security Amendment (Liquid Assets Waiting Period) Act 2009 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 1, Part 3 |
Immediately after the time specified in the Household Stimulus Package Act (No. 2) 2009 for the commencement of Schedule 5 to that Act. |
18 February 2009 |
(t) Subsection 2(1) (item 2) of the Social Security Legislation Amendment (Improved Support for Carers) (Consequential and Transitional) Act 2009 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedules 1, 2 and 3 |
Immediately after the commencement of the Social Security Legislation Amendment (Improved Support for Carers) Act 2009. |
1 July 2009 |
(u) Subsection 2(1) (item 11) of the Veterans' Affairs and Other Legislation Amendment (Pension Reform) Act 2009 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
11. Schedule 4, items 113 to 206 |
Immediately after the commencement of Schedule 4 to the Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009. |
20 September 2009 |
(v) Subsection 2(1) (items 21, 31 and 38) of the Statute Law Revision Act 2010 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
21. Schedule 2, item 20 |
Immediately after the time specified in the Social Security and Veterans' Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 for the commencement of item 70 of Schedule 3 to that Act. |
26 May 2008 |
|
31. Schedule 5, items 1 to 51 |
The day this Act receives the Royal Assent. |
1 March 2010 |
|
38. Schedule 5, Parts 2 and 3 |
Immediately after the provision(s) covered by table item 31. |
1 March 2010 |
(w) Subsection 2(1) (item 8) of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
8. Schedule 3, item 135 |
The 28th day after this Act receives the Royal Assent. However, if Schedule 1 to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Miscellaneous Measures) Act 2010 commences on or before that day, the provision(s) do not commence at all. |
Does not commence |
(x) Subsection 2(1) (items 6, 8 and 10) of the Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Act 2010 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
6. Schedule 2, item 15 |
The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of item 42 of Schedule 2 to the Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
1 July 2010 (paragraph (b) applies) |
|
8. Schedule 2, item 17 |
Immediately after the commencement of item 12 of Schedule 1 to the Carbon Pollution Reduction Scheme Amendment (Household Assistance) Act 2010. |
Does not commence |
|
10. Schedule 2, item 19 |
The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of item 64 of Schedule 2 to the Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. |
1 July 2010 (paragraph (b) applies) |
(y) Subsection 2(1) (item 2) of the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedules 1 and 2 |
Immediately after the commencement of section 2 of the Governance of Australian Government Superannuation Schemes Act 2011. |
1 July 2011 |
(z) Subsection 2(1) (item 8) of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
8. Schedule 4, item 8 |
The day after this Act receives the Royal Assent. However, if item 656 of Schedule 4 to the Human Services Legislation Amendment Act 2011 commences before the day after this Act receives the Royal Assent, the provision(s) do not commence at all. |
Does not commence |
(za) Subsection 2(1) (item 7B) of the Human Services Legislation Amendment Act 2011 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
7B. Schedule 4, Part 6 |
Immediately after the commencement of section 2 of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011. However, if section 2 of the Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 commences before the day this Act receives the Royal Assent, the provision(s) do not commence at all. |
25 July 2011 |
(zb) Subsection 2(1) (items 2, 14 and 15) of the Clean Energy (Household Assistance Amendments) Act 2011 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1, Part 1 |
14 May 2012. However, if section 3 of the Clean Energy Act 2011 does not commence before 14 May 2012, the provision(s) do not commence at all. |
14 May 2012 |
|
14. Schedule 6 |
Immediately after the commencement of the provision(s) covered by table item 2. |
14 May 2012 |
|
15. Schedule 7 |
Immediately after the commencement of the provision(s) covered by table item 14. |
14 May 2012 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part 1 |
|
|
ad. No. 137, 2001 |
|
|
am. No. 45, 2000 |
|
|
ad. No. 47, 2001 |
|
|
Part 2 |
|
|
am. No. 38, 2010 |
|
|
am. No. 45, 2000; No. 38, 2010 |
|
|
Part 3 |
|
|
Division 1 |
|
|
Subdivision A |
|
|
am. No. 80, 2001 |
|
|
Subdivision B |
|
|
rs. No. 173, 2007 |
|
|
ad. No. 43, 2001 |
|
|
ad. No. 41, 2006 |
|
|
|
rs. No. 66, 2007 |
|
|
am. No. 19, 2008 |
|
ad. No. 60, 2004 |
|
|
|
rs. No. 19, 2008 |
|
Heading to s. 12AB............ |
am. No. 4, 2009 |
|
ad. No. 55, 2005 |
|
|
|
rep. No. 19, 2008 |
|
|
ad. No. 131, 2008 |
|
|
am. No. 4, 2009 |
|
S. 12AC............................... |
ad. No. 41, 2006 |
|
|
rep. No. 19, 2008 |
|
S. 12AD............................... |
ad. No. 66, 2007 |
|
|
rep. No. 19, 2008 |
|
ad. No. 35, 2003 |
|
|
ad. No. 132, 2004 |
|
|
ad. No. 132, 2004 |
|
|
|
rs. No. 60, 2009 |
|
ad. No. 60, 2009 |
|
|
ad. No. 182, 2007 |
|
|
ad. No. 44, 2009 |
|
|
ad. No. 35, 2009 |
|
|
ad. No. 17, 2010 |
|
|
ad. No. 93, 2010 |
|
|
S. 12K.................................. |
ad. No. 141, 2011 |
|
am. No. 30, 2003 |
|
|
am. No. 30, 2003; No. 108, 2006 |
|
|
Heading to s. 15................. |
am. No. 30, 2003 |
|
am. No. 45, 2000; No. 30, 2003; No. 64, 2008 |
|
|
ad. No. 44, 2009 |
|
|
Subdivision C |
|
|
am. No. 82, 2006; No. 141, 2011 |
|
|
am. No. 183, 2007 |
|
|
am. No. 37, 2009 |
|
|
S. 19.................................... |
rep. No. 45, 2000 |
|
|
ad. No. 141, 2011 |
|
Heading to Subdiv. D........ |
rep. No. 33, 2010 |
|
Subdivision E |
|
|
am. No. 183, 2007 |
|
|
Subdivision EA |
|
|
Subdiv. EA of Div. 1 of....... |
ad. No. 183, 2007 |
|
ad. No. 183, 2007 |
|
|
Subdivision F |
|
|
Heading to Subdiv. F ........ |
rs. No. 30, 2003 |
|
rep. No. 45, 2000 |
|
|
|
ad. No. 30, 2003 |
|
Subdivision FA |
|
|
Subdiv. FA of Div. 1 of....... |
ad. No. 82, 2006 |
|
ad. No. 82, 2006 |
|
|
Subdivision FC |
|
|
Subdiv. FC of Div. 1 of....... |
ad. No. 141, 2011 |
|
S. 27C.................................. |
ad. No. 141, 2011 |
|
Subdivision H |
|
|
am. No. 18, 2001; No. 108, 2006 |
|
|
am. No. 108, 2006 |
|
|
ad. No. 108, 2006 |
|
|
am. No. 45, 2000; No. 30, 2003; No. 82, 2006; No. 82, 2007 |
|
|
ad. No. 18, 2001 |
|
|
Subdivision J |
|
|
Heading to Subdiv. J......... |
rs. No. 30, 2003 |
|
Heading to s. 35................. |
rs. No. 30, 2003 |
|
ad. No. 30, 2003 |
|
|
Division 2 |
|
|
am. No. 80, 2001; No. 35, 2003; No. 154, 2005; Nos. 64 and 108, 2006 |
|
|
Note to s. 37(8)................... |
ad. No. 63, 2008 |
|
ad. No. 149, 2008 |
|
|
ad. No. 80, 2001 |
|
|
am. No. 45, 2000; No. 30, 2003 |
|
|
Division 3 |
|
|
am. No. 80, 2001 |
|
|
Division 3A |
|
|
Div. 3A of Part 3.................. |
ad. No. 7, 2009 |
|
Subdivision A |
|
|
ad. No. 7, 2009 |
|
|
|
am. No. 130, 2010; No. 48, 2011 |
|
ad. No. 7, 2009 |
|
|
Subdivision B |
|
|
ad. No. 7, 2009 |
|
|
|
am. Nos. 48 and 173, 2011 |
|
Note to s. 42C(4)................ |
am. No. 48, 2011 |
|
ad. No. 7, 2009 |
|
|
Subdivision C |
|
|
ad. No. 7, 2009 |
|
|
|
am. Nos. 48 and 173, 2011 |
|
Note to s. 42E(4)................ |
am. No. 48, 2011 |
|
ad. No. 7, 2009 |
|
|
ad. No. 7, 2009 |
|
|
|
rs. No. 48, 2011 |
|
ad. No. 7, 2009 |
|
|
|
am. Nos. 48 and 173, 2011 |
|
Note to s. 42H(4)................ |
am. No. 48, 2011 |
|
ad. No. 7, 2009 |
|
|
|
am. No. 48, 2011 |
|
ad. No. 7, 2009 |
|
|
Subdivision D |
|
|
ad. No. 7, 2009 |
|
|
|
am. No. 173, 2011 |
|
ad. No. 7, 2009 |
|
|
ad. No. 7, 2009 |
|
|
ad. No. 7, 2009 |
|
|
Subdivision E |
|
|
ad. No. 7, 2009 |
|
|
|
am. No. 130, 2010; No. 173, 2011 |
|
Subdivision EA |
|
|
Subdiv. EA of Div. 3A of..... |
ad. No. 48, 2011 |
|
S. 42SA................................ |
ad. No. 48, 2011 |
|
|
am. No. 173, 2011 |
|
Subdivision EB |
|
|
Subdiv. EB of Div. 3A of..... |
ad. No. 173, 2011 |
|
S. 42SB................................ |
ad. No. 173, 2011 |
|
Subdivision F |
|
|
ad. No. 7, 2009 |
|
|
ad. No. 7, 2009 |
|
|
|
am. No. 173, 2011 |
|
S. 42UA............................... |
ad. No. 48, 2011 |
|
|
am. No. 173, 2011 |
|
ad. No. 7, 2009 |
|
|
ad. No. 7, 2009 |
|
|
|
am. No. 130, 2010 |
|
S. 42YA................................ |
ad. No. 48, 2011 |
|
ad. No. 7, 2009 |
|
|
Subdiv. G of Div. 3A of...... |
rep. No. 48, 2011 |
|
ad. No. 7, 2009 |
|
|
|
rep. No. 48, 2011 |
|
Division 4 |
|
|
Subheads. to s. 43(1)-(3).. |
ad. No. 45, 2010 |
|
Subhead. to s. 43(4)........... |
ad. No. 45, 2010 |
|
Subhead. to s. 43(5A)........ |
ad. No. 45, 2010 |
|
Subhead. to s. 43(6)........... |
ad. No. 45, 2010 |
|
am. No. 60, 2009; No. 45, 2010 |
|
|
am. No. 95, 2002 |
|
|
ad. No. 82, 2006 |
|
|
am. Nos. 45 and 70, 2000; No. 43, 2001; No. 95, 2002; No. 60, 2004; No. 55, 2005; Nos. 41 and 82, 2006; Nos. 66, 182 and 183, 2007; Nos. 19, 64 and 131, 2008; Nos. 4 and 35, 2009; Nos. 17 and 93, 2010; No. 141, 2011 |
|
|
ad. No. 43, 2001 |
|
|
ad. No. 41, 2006 |
|
|
|
rs. No. 19, 2008 |
|
ad. No. 66, 2007 |
|
|
|
rep. No. 19, 2008 |
|
|
ad. No. 35, 2009 |
|
ad. No. 60, 2004 |
|
|
|
rs. No. 19, 2008 |
|
Heading to s. 47C.............. |
am. No. 4, 2009 |
|
ad. No. 55, 2005 |
|
|
|
rep. No. 19, 2008 |
|
|
ad. No. 131, 2008 |
|
|
am. No. 4, 2009 |
|
S. 47D.................................. |
ad. No. 41, 2006 |
|
|
rep. No. 19, 2008 |
|
|
ad. No. 141, 2011 |
|
S. 47DAA............................. |
ad. No. 141, 2011 |
|
ad. No. 17, 2010 |
|
|
S. 47E.................................. |
ad. No. 66, 2007 |
|
|
rep. No. 19, 2008 |
|
am. No. 42, 2001 |
|
|
ad. No. 132, 2004 |
|
|
|
am. No. 5, 2008 |
|
ad. No. 132, 2004 |
|
|
|
am. No. 5, 2008 |
|
|
rs. No. 60, 2009 |
|
ad. No. 60, 2009 |
|
|
|
am. No. 81, 2009 |
|
ad. No. 182, 2007 |
|
|
am. No. 130, 2007 |
|
|
am. No. 45, 2010 |
|
|
am. No. 95, 2002; No. 30, 2003; No. 132, 2004; No. 60, 2009 |
|
|
Heading to s. 58................. |
am. No. 183, 2007 |
|
am. No. 183, 2007 |
|
|
Heading to s. 59................. |
am. No. 183, 2007 |
|
am. No. 183, 2007 |
|
|
Division 5 |
|
|
am. No. 130, 2007 |
|
|
Division 6 |
|
|
Heading to Div. 6 of Part 3 |
rs. No. 30, 2003 |
|
Subdivision A |
|
|
am. No. 147, 2002; Nos. 35 and 122, 2003; No. 154, 2005 |
|
|
|
rs. No. 7, 2009 |
|
Note to s. 63(7)................... |
rep. No. 48, 2011 |
|
am. No. 147, 2002; No. 30, 2003; No. 154, 2005 (as am. by No. 64, 2006) |
|
|
|
rs. No. 7, 2009 |
|
|
am. No. 48, 2011 |
|
am. No. 94, 2000 |
|
|
Subdivision B |
|
|
S. 66A.................................. |
ad. No. 91, 2011 |
|
am. No. 130, 2007 |
|
|
am. No. 35, 2003; No. 132, 2004; No. 130, 2007; No. 60, 2009 |
|
|
am. No. 132, 2004; No. 60, 2009 |
|
|
am. No. 108, 2006; No. 45, 2009 |
|
|
ad. No. 130, 2007 |
|
|
S. 71.................................... |
rep. No. 45, 2000 |
|
am. No. 45, 2000; No. 137, 2001; No. 35, 2003; No. 130, 2007 |
|
|
Heading to s. 73................. |
am. No. 91, 2011 |
|
am. No. 91, 2011 |
|
|
am. No. 137, 2001; No. 130, 2007 |
|
|
Subdivision C |
|
|
am. No. 132, 2004; No. 63, 2008; No. 60, 2009 |
|
|
am. No. 179, 1999 (as am. by No. 30, 2003); No. 30, 2003; No. 63, 2008 |
|
|
am. No. 63, 2008 |
|
|
Division 7 |
|
|
Subdivision A |
|
|
ad. No. 132, 2004 |
|
|
|
am. No. 60, 2009 |
|
am. No. 122, 2003; No. 154, 2005 (as am. by No. 64, 2006) |
|
|
am. No. 45, 2000; Nos. 30 and 122, 2003 |
|
|
ad. No. 61, 2005 |
|
|
Heading to s. 82................. |
am. No. 94, 2000 |
|
am. No. 94, 2000 |
|
|
am. No. 35, 2003; No. 149, 2008 |
|
|
ad. No. 61, 2005 |
|
|
Subdivision B |
|
|
Note to s. 86(1)................... |
ad. No. 63, 2008 |
|
Division 8 |
|
|
Subdivision A |
|
|
ad. No. 132, 2004 |
|
|
|
am. No. 60, 2009 |
|
am. No. 73, 2002 |
|
|
S. 92.................................... |
rep. No. 30, 2003 |
|
am. No. 35, 2003 |
|
|
ad. No. 108, 2006 |
|
|
ad. No. 44, 2009 |
|
|
Heading to s. 96................. |
rs. No. 154, 2005 |
|
am. No. 73, 2002; No. 154, 2005 |
|
|
am. No. 154, 2005 |
|
|
ad. No. 154, 2005 |
|
|
am. No. 73, 2002; No. 35, 2003 |
|
|
am. No. 35, 2003; No. 108, 2006 |
|
|
am. No. 35, 2003 |
|
|
am. No. 73, 2002 |
|
|
S. 102.................................. |
rep. No. 30, 2003 |
|
Subdivision B |
|
|
ad. No. 80, 2001 |
|
|
Subdivision C |
|
|
Subdiv. C of Div. 8 of......... |
ad. No. 80, 2001 |
|
ad. No. 80, 2001 |
|
|
|
am. No. 64, 2006 |
|
Division 9 |
|
|
Subdivision A |
|
|
am. No. 30, 2003 |
|
|
Subdivision B |
|
|
Heading to Subdiv. B of ... |
rs. No. 61, 2005 |
|
am. No. 61, 2005 |
|
|
am. No. 94, 2000; No. 154, 2005; No. 65, 2007 |
|
|
Heading to s. 110............... |
am. No. 30, 2003 |
|
am. No. 45, 2000; No. 73, 2002; Nos. 30 and 35, 2003; No. 154, 2005 |
|
|
ad. No. 154, 2005 |
|
|
|
am. No. 7, 2009; No. 130, 2010 |
|
S. 112.................................. |
rep. No. 35, 2003 |
|
S. 113.................................. |
rep. No. 45, 2000 |
|
am. No. 30, 2003; No. 154, 2005 |
|
|
Subdivision D |
|
|
am. No. 61, 2005 |
|
|
am. Nos. 45 and 94, 2000; No. 71, 2001; Nos. 30, 35 and 122, 2003; Nos. 61 and 154, 2005; No. 7, 2009 |
|
|
S. 119.................................. |
rep. No. 45, 2000 |
|
am. No. 45, 2009 |
|
|
Subdivision E |
|
|
am. No. 63, 2008 |
|
|
Division 10 |
|
|
am. No. 47, 2001; No. 30, 2003; No. 61, 2005; Nos. 63 and 149, 2008 |
|
|
Part 3A |
|
|
Part 3A................................. |
ad. No. 95, 2002 |
|
Division 1 |
|
|
ad. No. 95, 2002 |
|
|
|
am. No. 132, 2004; No. 60, 2009; No. 141, 2011 |
|
Division 2 |
|
|
ad. No. 95, 2002 |
|
|
ad. No. 95, 2002 |
|
|
|
am. No. 130, 2007; No. 50, 2011 |
|
Division 3 |
|
|
ad. No. 95, 2002 |
|
|
Division 4 |
|
|
ad. No. 95, 2002 |
|
|
Division 5 |
|
|
ad. No. 95, 2002 |
|
|
Part 3B |
|
|
Part 3B................................. |
ad. No. 130, 2007 |
|
Division 1 |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 63, 2008; No. 93, 2010 |
|
ad. No. 130, 2007 |
|
|
|
rs. No. 93, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 182, 2007; Nos. 63 and 131, 2008; Nos. 4, 25, 35 and 81, 2009; Nos. 38, 89, 93 and 103, 2010; Nos. 32, 50 and 141, 2011 |
|
Ss. 123TD, 123TE............... |
ad. No. 130, 2007 |
|
|
rep. No. 93, 2010 |
|
ad. No. 130, 2007 |
|
|
ad. No. 93, 2010 |
|
|
ad. No. 130, 2007 |
|
|
ad. No. 63, 2008 |
|
|
ad. No. 130, 2007 |
|
|
Division 2 |
|
|
Subdivision A |
|
|
ad. No. 130, 2007 |
|
|
S. 123UB............................. |
ad. No. 130, 2007 |
|
|
rep. No. 93, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 50, 2011 |
|
Ss. 123UCA-123UCC......... |
ad. No. 93, 2010 |
|
|
am. No. 50, 2011 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 50, 2011 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 38, 2010; Nos. 50 and 52, 2011 |
|
ad. No. 63, 2008 |
|
|
Subdiv. B of Div. 2 of......... |
rep. No. 93, 2010 |
|
S. 123UG............................. |
ad. No. 130, 2007 |
|
|
rep. No. 93, 2010 |
|
Subdivision BA |
|
|
Subdiv. BA of Div. 2 of....... |
ad. No. 93, 2010 |
|
ad. No. 93, 2010 |
|
|
Subdivision BB |
|
|
Subdiv. BB of Div. 2 of....... |
ad. No. 93, 2010 |
|
Ss. 123UGB-123UGG........ |
ad. No. 93, 2010 |
|
Subdivision C |
|
|
ad. No. 130, 2007 |
|
|
Subdivision D |
|
|
Subdiv. D of Div. 2 of......... |
ad. No. 63, 2008 |
|
ad. No. 63, 2008 |
|
|
|
am. No. 93, 2010; No. 50, 2011 |
|
ad. No. 63, 2008 |
|
|
|
rep. No. 50, 2011 |
|
Division 3 |
|
|
Heading to Div. 3 of Part 3B............................. |
rs. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
rs. No. 89, 2010 |
|
S. 123VB.............................. |
ad. No. 130, 2007 |
|
|
rep. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010 |
|
Division 4 |
|
|
Subdivision A |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
Subdivision B |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 8, 2010 |
|
ad. No. 130, 2007 |
|
|
Subdivision C |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 63, 2008; Nos. 38, 89 and 93, 2010 |
|
ad. No. 38, 2010 |
|
|
ad. No. 130, 2007 |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 63, 2008; Nos. 38 and 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 63, 2008; No. 38, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010 |
|
Division 5 |
|
|
Subdiv. A of Div. 5 of......... |
rep. No. 93, 2010 |
|
Ss. 123XA-123XH............... |
ad. No. 130, 2007 |
|
|
am. No. 89, 2010 |
|
|
rep. No. 93, 2010 |
|
Subdivision B |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010 |
|
Subdivision BA |
|
|
Subdiv. BA of Div. 5........... |
ad. No. 93, 2010 |
|
Ss. 123XJA, 123XJB........... |
ad. No. 93, 2010 |
|
|
am. No. 89, 2010 |
|
Subdivision BB |
|
|
Subdiv. BB of Div. 5........... |
ad. No. 93, 2010 |
|
Ss. 123XJC, 123XJD.......... |
ad. No. 93, 2010 |
|
|
am. No. 89, 2010 |
|
Subdivision C |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010 |
|
Subdivision D |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010 |
|
Subdivision DA |
|
|
Subdiv. DA of Div. 5 of....... |
ad. No. 63, 2008 |
|
Ss. 123XPA, 123XPB.......... |
ad. No. 63, 2008 |
|
|
am. No. 89, 2010 |
|
Subdivision DB |
|
|
Heading to Subdiv. DB of.. |
rs. No. 4, 2009 |
|
Subdiv. DB of Div. 5 of....... |
ad. No. 131, 2008 |
|
ad. No. 131, 2008 |
|
|
|
am. Nos. 89 and 93, 2010 |
|
ad. No. 4, 2009 |
|
|
|
am. No. 89, 2010 |
|
Subdivision DC |
|
|
Subdiv. DC of Div. 5 of...... |
ad. No. 17, 2010 |
|
Ss. 123XPF, 123XPG.......... |
ad. No. 17, 2010 |
|
|
am. No. 89, 2010 |
|
Subdivision DD |
|
|
Subdiv. DD of Div. 5........... |
ad. No. 93, 2010 |
|
Ss. 123XPH, 123XPI........... |
ad. No. 93, 2010 |
|
|
am. No. 89, 2010 |
|
Subdivision DE |
|
|
Subdiv. DE of Div. 5........... |
ad. No. 141, 2011 |
|
S. 123XPJ............................ |
ad. No. 141, 2011 |
|
Subdivision E |
|
|
ad. No. 130, 2007 |
|
|
Division 6 |
|
|
Subdivision A |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 93, 2010 |
|
ad. No. 130, 2007 |
|
|
Subdivision B |
|
|
Subhead. to s. 123YC(4).... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Heading to s. 123YD.......... |
am. No. 50, 2011 |
|
Subhead. to s. 123YD(4).... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Subhead. to s. 123YE(4).... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Note to s. 123YE(2)............ |
ad. No. 93, 2010 |
|
Heading to s. 123YF.......... |
am. No. 50, 2011 |
|
Subhead. to s. 123YF(4).... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Note to s. 123YF(2)............ |
ad. No. 93, 2010 |
|
Subhead. to s. 123YG(3)... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Heading to s. 123YH.......... |
am. No. 50, 2011 |
|
Subhead. to s. 123YH(3).... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Subhead. to s. 123YI(4)..... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Note to s. 123YI(2)............. |
ad. No. 93, 2010 |
|
Heading to s. 123YJ.......... |
am. No. 50, 2011 |
|
Subhead. to s. 123YJ(4).... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Note to s. 123YJ(2)............ |
ad. No. 93, 2010 |
|
Subhead. to s. 123YK(4).... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Heading to s. 123YL.......... |
am. No. 50, 2011 |
|
Subhead. to s. 123YL(4).... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Subhead. to s. 123YM(3)... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Heading to s. 123YN.......... |
am. No. 50, 2011 |
|
Subhead. to s. 123YN(3).... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Subdivision C |
|
|
Subhead. to s. 123YO(4)... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Heading to s. 123YP.......... |
am. No. 50, 2011 |
|
Subhead. to s. 123YP(4).... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Subdivision D |
|
|
Subhead. to s. 123YQ(3)... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. Nos. 89 and 93, 2010 |
|
ad. No. 89, 2010 |
|
|
Division 7 |
|
|
S. 123ZA.............................. |
ad. No. 130, 2007 |
|
|
rep. No. 93, 2010 |
|
ad. No. 130, 2007 |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 50, 2011 |
|
ad. No. 130, 2007 |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 50, 2011 |
|
Ss. 123ZEA, 123ZEB.......... |
ad. No. 130, 2007 |
|
Division 8 |
|
|
Subhead. to s. 123ZF(3).... |
am. No. 89, 2010 |
|
|
rs. No. 50, 2011 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010; No. 50, 2011 |
|
Note to s. 123ZF(2)............ |
ad. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010 |
|
Notes to s. 123ZG(2), (3)... |
ad. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010 |
|
Note to s. 123ZH(2)............ |
ad. No. 89, 2010 |
|
Note to s. 123ZH(2)............ |
ad. No. 93, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010 |
|
Note to s. 123ZI(2)............. |
ad. No. 89, 2010 |
|
ad. No. 89, 2010 |
|
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010 |
|
Note to s. 123ZJ(5)............ |
ad. No. 89, 2010 |
|
Division 9 |
|
|
ad. No. 130, 2007 |
|
|
Subhead. to s. 123ZL(3).... |
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
|
am. No. 89, 2010 |
|
ad. No. 130, 2007 |
|
|
ad. No. 89, 2010 |
|
|
|
am. No. 32, 2011 |
|
ad. No. 130, 2007 |
|
|
Part 3C |
|
|
Part 3C................................ |
ad. No. 149, 2008 |
|
Division 1 |
|
|
ad. No. 149, 2008 |
|
|
Division 2 |
|
|
ad. No. 149, 2008 |
|
|
Division 3 |
|
|
ad. No. 149, 2008 |
|
|
Division 4 |
|
|
ad. No. 149, 2008 |
|
|
Part 4 |
|
|
Division 1 |
|
|
S. 124 (2nd occurring) |
|
|
am. No. 108, 2006 |
|
|
Division 2 |
|
|
am. No. 45, 2000; No. 80, 2001 |
|
|
am. No. 35, 2003; No. 73, 2008; No. 5, 2011 |
|
|
Heading to s. 128............... |
am. No. 38, 2010 |
|
am. No. 30, 2003; No. 38, 2010 |
|
|
am. No. 45, 2000; No. 80, 2001; No. 30, 2003; No. 38, 2010; Nos. 5, 32 and 141, 2011 |
|
|
am. No. 35, 2003; No. 154, 2005; No. 64, 2006; No. 7, 2009 |
|
|
am. No. 35, 2003; Nos. 64 and 108, 2006 |
|
|
S. 132A................................ |
ad. No. 35, 2003 |
|
|
rep. No. 154, 2005 |
|
Ss. 133, 134........................ |
rep. No. 154, 2005 |
|
|
|
|
S. 134A................................ |
ad. No. 147, 2002 |
|
|
rep. No. 154, 2005 |
|
am No. 94, 2000; No. 30, 2003; No. 32, 2011 |
|
|
rs. No. 45, 2000 |
|
|
am. No. 130, 2007 |
|
|
Division 3 |
|
|
Subdivision B |
|
|
am. No. 45, 2000; No. 80, 2001; No. 147, 2002; No. 35, 2003; No. 64, 2006; No. 7, 2009 |
|
|
am. No. 45, 2000; No. 32, 2011 |
|
|
am. No. 147, 2002; No. 35, 2003; No. 64, 2006; No. 7, 2009 |
|
|
am. Nos. 45 and 94, 2000; No. 122, 2003; No. 108, 2006; No. 130, 2007; Nos. 7 and 48, 2009; No. 38, 2010; No. 5, 2011 |
|
|
am. No. 35, 2003; No. 64, 2006; No. 7, 2009 |
|
|
am. No. 35, 2003; Nos. 64 and 108, 2006 |
|
|
S. 146A................................ |
ad. No. 35, 2003 |
|
|
rep. No. 154, 2005 |
|
Ss. 147, 148........................ |
rep. No. 154, 2005 |
|
S. 148A................................ |
ad. No. 147, 2002 |
|
|
rep. No. 154, 2005 |
|
am. No. 147, 2002; No. 35, 2003; No. 64, 2006; No. 183, 2007; No. 7, 2009; No. 32, 2011 |
|
|
Heading to s. 150............... |
am. No. 7, 2009 |
|
am. No. 147, 2002; No. 35, 2003; No. 64, 2006; No. 7, 2009; No. 32, 2011 |
|
|
am. No. 94, 2000; No. 147, 2002; Nos. 35 and 122, 2003; No. 64, 2006; No. 7, 2009 |
|
|
Heading to s. 152............... |
am. No. 7, 2009 |
|
am. No. 147, 2002; No. 35, 2003; No. 64, 2006; No. 7, 2009 |
|
|
Heading to s. 153............... |
am. No. 7, 2009 |
|
am. No. 147, 2002; No. 35, 2003; No. 64, 2006; No. 7, 2009 |
|
|
am. No. 32, 2011 |
|
|
am. No. 45, 2000; No. 8, 2007; No. 38, 2010; No. 32, 2011 |
|
|
Division 4 |
|
|
Subdivision A |
|
|
am. No. 38, 2010; No. 32, 2011 |
|
|
am. No. 38, 2010 |
|
|
am. No. 45, 2000; No. 38, 2010 |
|
|
Subdivision B |
|
|
Heading to Subdiv. B of.... |
rs. No. 33, 2010 |
|
ad. No. 33, 2010 |
|
|
am. Nos. 33 and 38, 2010 |
|
|
am. No. 38, 2010 |
|
|
Subdivision BA |
|
|
Subdiv. BA of Div. 4........... |
ad. No. 33, 2010 |
|
ad. No. 33, 2010 |
|
|
|
am. No. 38, 2010 |
|
Subdivision BB |
|
|
Heading to Subdiv. BB of.. |
ad. No. 33, 2010 |
|
am. No. 38, 2010 |
|
|
ad. No. 38, 2010 |
|
|
am. No. 38, 2010 |
|
|
Subdivision BC |
|
|
Subdiv. BC of Div. 4 of....... |
ad. No. 38, 2010 |
|
ad. No. 38, 2010 |
|
|
Subdivision C |
|
|
am. No. 38, 2010 |
|
|
Subdivision D |
|
|
am. No. 38, 2010 |
|
|
rs. No. 38, 2010 |
|
|
am. No. 38, 2010 |
|
|
am. No. 45, 2000; No. 30, 2003; No. 38, 2010 |
|
|
Subdivision E |
|
|
Subheads. to s. 177(1), (2) |
ad. No. 33, 2010 |
|
am. No. 82, 2007; Nos. 33 and 38, 2010 |
|
|
Subdivision F |
|
|
Subdiv. F of Div. 4 of......... |
ad. No. 38, 2010 |
|
ad. No. 38, 2010 |
|
|
Division 5 |
|
|
Subdivision A |
|
|
am. No. 45, 2000 |
|
|
Subdivision B |
|
|
am. No. 45, 2000 |
|
|
Subdivision C |
|
|
am. No. 32, 2011 |
|
|
am. No. 38, 2010 |
|
|
S. 190.................................. |
rep. No. 94, 2000 |
|
Part 5 |
|
|
Division 1 |
|
|
am. Nos. 30 and 122, 2003; No. 130, 2007; No. 7, 2009 |
|
|
am. No. 156, 2006; No. 130, 2007; No. 149, 2008; No. 17, 2010 |
|
|
am. No. 137, 2001 |
|
|
Division 2 |
|
|
am. No. 137, 2001 |
|
|
Division 3 |
|
|
ad. No. 122, 2003 |
|
|
am. No. 45, 2000; No. 35, 2003; No. 154, 2005; No. 108, 2006; No. 130, 2007; Nos. 42 and 149, 2008; No. 58, 2009; No. 17, 2010; Nos. 32 and 34, 2011 |
|
|
Note to s. 202(2A).............. |
rep. No. 149, 2008 |
|
am. No. 137, 2001 |
|
|
am. No. 137, 2001; No. 30, 2003 |
|
|
ad. No. 94, 2000 |
|
|
S. 204B................................ |
ad. No. 141, 2011 |
|
am. No. 137, 2001 |
|
|
am. No. 45, 2000 |
|
|
am. No. 45, 2000; No. 95, 2002; Nos. 32 and 79, 2011 |
|
|
ad. No. 141, 2008 |
|
|
am. No. 30, 2003; No. 108, 2006 |
|
|
|
rs. No. 79, 2011 |
|
Part 6 |
|
|
Division 2 |
|
|
rs. No. 137, 2001 |
|
|
|
am. No. 82, 2006 |
|
rs. No. 137, 2001 |
|
|
Heading to s. 215............... |
am. No. 137, 2001 |
|
am. No. 137, 2001 |
|
|
rs. No. 137, 2001 |
|
|
Division 5 |
|
|
Heading to Div. 5 of Part 6 |
rs. No. 137, 2001 |
|
Subdivision A |
|
|
Ss. 226, 227........................ |
rep. No. 137, 2001 |
|
rs. No. 137, 2001 |
|
|
|
am. No. 4, 2010 |
|
Subdiv. B of Div. 5 of......... |
rep. No. 137, 2001 |
|
Ss. 229, 230........................ |
rep. No. 137, 2001 |
|
Part 7 |
|
|
am. No. 94, 2000; No. 30, 2003; No. 154, 2005; No. 64, 2006; No. 32, 2011 |
|
|
Heading to s. 238............... |
am. No. 75, 2001 |
|
am. No. 44, 2000; No. 75, 2001; No. 141, 2011 |
|
|
am. No. 30, 2003 |
|
|
ad. No. 80, 2001 |
|
|
ad. No. 80, 2001 |
|
|
|
am. No. 18, 2001; No. 108, 2006; No. 113, 2007 |
|
ad. No. 80, 2001 |
|
|
am. No. 30, 2003 |
|
|
am. No. 108, 2006 |
|
|
Part 9................................... |
rep. No. 192, 1999 |
|
Ss. 258-260........................ |
rep. No. 192, 1999 |
|
Schedule 1 |
|
|
C. 1.................................... |
am. No. 45, 2000; No. 80, 2001; No. 30, 2003; No. 130, 2007; Nos. 19 and 149, 2008; Nos. 7 and 58, 2009; Nos. 5 and 58, 2011 |
|
Schedule 2 |
|
|
Part 1 |
|
|
C. 2.................................... |
am. No. 80, 2001 |
|
Part 2 |
|
|
C. 3 |
am. No. 80, 2001 |
|
C. 4.................................... |
am. No. 45, 2000 |
|
C. 5.................................... |
am. No. 154, 2005; No. 64, 2006; No. 149, 2008; No. 7, 2009 |
|
Note to c. 5(1A)................ |
ad. No. 7, 2009 |
|
C. 5A................................. |
ad. No. 7, 2009 |
|
Part 3 |
|
|
Division 2 |
|
|
Heading to c. 13.............. |
am. No. 82, 2006 |
|
C. 13.................................. |
am. No. 82, 2006 |
|
C. 14A............................... |
ad. No. 109, 2004 |
|
Division 3 |
|
|
C. 15.................................. |
rs. No. 147, 2002 |
|
|
am. No. 30, 2003; No. 64, 2006 |
|
C. 15A............................... |
ad. No. 45, 2009 |
|
Cc. 16, 17.......................... |
am. No. 36, 2006 |
|
Cc. 20-27.......................... |
rep. No. 45, 2000 |
|
Cc. 31, 32.......................... |
am. No. 70, 2000 |
|
Heading to c. 36.............. |
am. No. 45, 2000 |
|
C. 36.................................. |
am. No. 45, 2000 |
|
Division 4 |
|
|
Div. 4 of Part 3.................. |
ad. No. 80, 2001 |
|
C. 37.................................. |
ad. No. 80, 2001 |
|
Schedule 3 |
|
|
Part 1 |
|
|
C. 1.................................... |
am. No. 38, 2010 |
|
Heading to c. 2................ |
am. No. 38, 2010 |
|
Cc. 2, 3.............................. |
am. No. 38, 2010 |
|
C. 4.................................... |
am. No. 33, 2010 |
|
Heading to c. 6................ |
am. No. 38, 2010 |
|
C. 6.................................... |
am. No. 38, 2010 |
|
Notes to c. 6(1), (2).......... |
ad. No. 46, 2011 |
|
Heading to c. 7................ |
am. No. 38, 2010 |
|
C. 7.................................... |
am. No. 38, 2010 |
|
Notes to c. 7(1), (2).......... |
ad. No. 46, 2011 |
|
C. 8.................................... |
am. No. 38, 2010 |
|
C. 9.................................... |
am. No. 46, 2011 |
|
Part 2 |
|
|
C. 10.................................. |
am. No. 38, 2010 |
|
Subhead. to c. 12(2)........ |
ad. No. 38, 2010 |
|
C. 12.................................. |
am. No. 8, 2007; No. 38, 2010 |
|
Part 3 |
|
|
C. 14.................................. |
am. No. 146, 1999; No. 38, 2010 |
|
C. 15.................................. |
am. No. 38, 2010 |
|
C. 17.................................. |
am. No. 26, 2008; No. 38, 2010; No. 58, 2011 |
|
C. 18.................................. |
am. No. 38, 2010 |
|
C. 19.................................. |
am. No. 45, 2000 |
|
Heading to c. 20.............. |
am. No. 38, 2010 |
|
C. 20.................................. |
am. No. 45, 2000; No. 146, 2006; No. 82, 2007; No. 38, 2010 |
|
C. 21.................................. |
am. No. 38, 2010 |
|
C. 22.................................. |
am. No. 108, 2006; No. 38, 2010 |
|
C. 24.................................. |
am. No. 146, 1999 |
|
C. 25.................................. |
am. No. 38, 2010 |
|
Schedule 4 |
|
|
Schedule 4....................... |
am. No. 38, 2010 |
|
Schedule 5 |
|
|
Heading to Schedule 5... |
rs. No. 32, 2011 |
|
C. 1.................................... |
am. No. 32, 2011 |
|
C. 2.................................... |
am. No. 108, 2006; No. 32, 2011 |
Note 2
Subparagraph 123YE(2)(c)(ii)--Schedule 5 (item 17) of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 (No. 50, 2011) provides as follows:
Schedule 5
17 Subparagraph 123YE(2)(c)(ii)
Omit "or".
The proposed amendment was misdescribed and is not incorporated in this compilation.
Note 3
Clean Energy (Household
Assistance Amendments) Act 2011
(No. 141, 2011)
The following amendments commence on 20 March 2013:
Schedule 1
Repeal the subsection, substitute:
(3) The amount of the instalment is worked out by:
(a) working out the amount of the person's seniors supplement for each day during the test period on which the person was qualified for seniors supplement; and
(b) adding up the amounts resulting from paragraph (a).
50 After section 48C
Insert:
48D Payment of quarterly clean energy supplement
(1) Quarterly clean energy supplement is to be paid by instalments.
(2) An instalment of quarterly clean energy supplement is to be paid to a person as soon as is reasonably practicable on or after the first supplement test day (the current test day) that follows a day for which quarterly clean energy supplement is payable to the person.
Note: For when quarterly clean energy supplement is payable to the person, see section 915 of the 1991 Act.
(3) The amount of the instalment is worked out by:
(a) working out the amount of the person's quarterly clean energy supplement for each day during the test period for which quarterly clean energy supplement is payable to the person; and
(b) adding up the amounts resulting from paragraph (a).
(4) In this section:
supplement test day means:
(a) 20 March; or
(b) 20 June; or
(c) 20 September; or
(d) 20 December.
test period means the period:
(a) starting on the most recent supplement test day before the current test day; and
(b) ending on the day immediately before the current test day.
58 After section 12DA
Insert:
12DB Quarterly clean energy supplement
A claim is not required for quarterly clean energy supplement.
After "48C", insert ", 48D".
81 Paragraph 43(4)(a)
After "social security payment", insert "(other than a social security pension)".
Omit "In this section", substitute "In subsection (4)".
83 After subsection 43(5)
Insert:
(5AA) If:
(a) either or both of the following amounts (the added amounts) are added to a person's maximum basic rate for a particular day in working out the amount of an instalment of a social security pension:
(i) a pension supplement amount;
(ii) clean energy supplement; and
(b) if one of the added amounts is a pension supplement amount used by the Rate Calculator to produce an annual rate--the pension supplement amount is more than the person's pension supplement basic amount; and
(c) there is no election by the person under subsection 915A(1) or 1061VA(1) of the 1991 Act in force on that day; and
(d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person's minimum daily rate, but more than a nil amount;
the amount of that portion of the instalment is to be increased to the person's minimum daily rate.
(5AB) For the purposes of subsection (5AA), a person's minimum daily rate is 1/ 364 of the total of:
(a) the person's minimum pension supplement amount, if a pension supplement amount is an added amount; and
(b) the person's clean energy supplement, if clean energy supplement is an added amount.
84 After subsection 43(5A)
Insert:
No reduction of portion of quarterly clean energy supplement relating to a day
(5B) If:
(a) quarterly clean energy supplement is payable to a person for a particular day; and
(b) the social security payment to which the quarterly clean energy supplement relates is a social security pension; and
(c) apart from this subsection, the portion of the instalment of the person's quarterly clean energy supplement that corresponds to that day would be reduced under subsection 1210(3A) of the 1991 Act, but not reduced to a nil amount;
the amount of that portion of the instalment is not to be reduced under subsection 1210(3A) of the 1991 Act.
As at 15 May 2012 the amendments are not incorporated in this compilation.
Table A
Application, saving or transitional provisions
A New Tax System (Family Assistance and Related
Measures) Act 2000
(No. 45,
2000)
Schedule 5
1 Definitions
(1) In this Schedule, unless the contrary intention appears:
approved care organisation means an organisation that is taken, by virtue of the operation of subitem (2), to be an approved care organisation for the purposes of the Family Assistance Act.
Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.
Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.
family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act.
family benefit means payments of:
(a) family allowance; or
(b) family tax payment; or
(c) parenting payment in the nature of non-benefit PP (partnered);
payable under the social security law.
MAT means maternity allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act.
MIA means maternity immunisation allowance within the meaning of subsection 3(1) of the Family Assistance Administration Act.
receiving, in relation to family benefit, has the meaning given under subitem (3).
Secretary, in relation to an act or thing done, or a decision or determination made, under particular legislation, means the Secretary of the Department administered by the Minister administering that legislation.
social security law means the Social Security Act 1991 and the Social Security (Administration) Act 1999.
(2) Any organisation that, immediately before 1 July 2000, was an approved care organisation for the purposes of the Social Security Act 1991 is taken to have been approved under section 20 of the Family Assistance Act, with effect from that date, as an approved care organisation, for the purposes of the latter Act.
(3) For the purposes of this Part, an individual or an approved care organisation is taken to be receiving payments of family benefit under the Social Security Act 1991 from the earliest date on which such payments are payable to the individual or to the organisation, as the case requires, even if the first instalment of that benefit is not paid until a later day.
2 Individuals receiving family benefit treated as having lodged effective claim for family tax benefit by instalment
(1) If, immediately before 1 July 2000, an individual was receiving family benefit, then, with effect from that date, that individual is taken, subject to items 4 and 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act.
(2) If, before 1 July 2000, an individual receiving family benefit had provided bank account details for the purposes of making the claim for, or receiving, such benefits, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1).
3 Approved care organisations receiving family allowance treated as having lodged effective claim for family tax benefit by instalment
(1) If, immediately before 1 July 2000, an approved care organisation was receiving family allowance, then, with effect from that date, that organisation is taken, subject to item 5, to have made an effective claim for family tax benefit by instalment under subsection 7(2) of the Family Assistance Administration Act as amended by this Act.
(2) If, before 1 July 2000, the organisation had provided bank account details for the purposes of making the claim for, or receiving, such family allowance payments, those details are taken to have been provided in the context of the effective claim that is taken to have been made under subitem (1).
4 Special rules relating to outstanding TFN requirements
If:
(a) an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999, to provide a tax file number in relation to a claim for, or the receipt of, family benefit; and
(b) the individual has not, before that date, provided that tax file number; and
(c) as at 1 July 2000, less than 28 days have elapsed since the request to provide that number;
then, for the purposes of section 27 of the Family Assistance Administration Act as amended by this Act:
(d) the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to provide that tax file number was made; and
(e) the requirement to provide that tax file number is taken to have been made, at the time when it was made, under section 26 of the Family Assistance Administration Act as so amended and as so in force.
5 Special rules relating to outstanding bank account requirements
If:
(a) an individual or an approved care organisation has been requested, before 1 July 2000, under section 55 of the Social Security (Administration) Act 1999 to nominate a bank account into which family benefit can be paid; and
(b) the individual or organisation has not, before that date, nominated a bank account; and
(c) as at 1 July 2000, less than 28 days have elapsed since the request to nominate an account;
then, for the purposes of section 27A of the Family Assistance Administration Act as amended by this Act:
(d) the Family Assistance Administration Act as so amended is treated as having been in force when the requirement to nominate a bank account was made; and
(e) the requirement to nominate a bank account is taken to have been made, at the time when it was made, under section 26A of the Family Assistance Administration Act as so amended and as so in force.
6 The making of determinations
(1) On, or as soon as practicable after, 1 July 2000, the Secretary will assess the eligibility for family tax benefit by instalment of each individual, and each approved care organisation, that is taken to have lodged an effective claim.
(2) If, for the purposes of making a determination under section 16 of the Family Assistance Administration Act as amended by this Act in relation to an individual or approved care organisation to which subitem (1) refers:
(a) the Secretary has, before 1 July 2000, sought from an individual or an approved care organisation any information necessary for the purposes of making such a determination; and
(b) that information has not been provided;
the Secretary may make a determination under section 19 of the Family Assistance Administration Act as so amended to the effect that the individual or organisation is not entitled to be paid family tax benefit by instalment for each day while the determination is in force.
(3) For the avoidance of doubt, such a determination does not prevent an individual or organisation that later provides information as required by the Secretary from claiming under the Family Assistance Administration Act as so amended:
(a) family tax benefit by instalment when that information is so provided; and
(b) family tax benefit for the past period between 1 July 2000 and the time when a determination of entitlement to family tax benefit by instalment is made.
7 Directions concerning payments to third parties
If, immediately before 1 July 2000, there was in force a direction by the Secretary under subsection 44(3) of the Social Security (Administration) Act 1999 to the effect that the whole or a part of a person's family benefit payment be paid to someone else on behalf of the person, that direction has effect, on and after that date, as if it were a direction to the same effect given by the Secretary under subsection 23(4) of the Family Assistance Administration Act as amended by this Act in relation to the payment of family tax benefit in respect of that person.
8 Instalment periods
(1) If:
(a) an individual or an approved care organisation was receiving family benefit by way of family allowance or family tax payment immediately before 1 July 2000; and
(b) that individual or organisation received, or last received, a payment of that family allowance or family tax payment in respect of a period commencing less than 14 days before 1 July 2000; and
(c) the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual or organisation to family tax benefit with effect from that day;
then:
(d) the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of family benefit; and
(e) instalments of family tax benefit thereafter, subject to any change that the Secretary may make under subsection 23(3) of the Family Assistance Administration Act as so amended, are to be for successive periods of 14 days.
(2) If:
(a) an individual was not receiving family benefit by way of family allowance immediately before 1 July 2000 but was receiving family benefit by way of non-benefit PP (partnered) immediately before that date; and
(b) that individual received, or last received, a payment of that non-benefit PP (partnered) in respect of a period commencing less than 14 days before 1 July 2000; and
(c) the Secretary makes a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of the entitlement of that individual to family tax benefit with effect from that day;
then:
(d) the first instalment of family tax benefit is to be for a period starting on 1 July 2000 and ending 14 days after the beginning of the last instalment of non-benefit PP (partnered); and
(e) instalments of family tax benefit thereafter, subject to any change that the Secretary may make under subsection 23(3) of the Family Assistance Administration Act as so amended, are to be for successive periods of 14 days.
9 Claims for family benefit that are undetermined as at 1 July 2000
(1) If:
(a) before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment; and
(b) that claim was not determined before that date; and
(c) the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind;
the claim is to be determined under the social security law as in force before 1 July 2000, as if:
(d) the social security law as so in force had continued in force; and
(e) the claim related only to the period preceding 1 July 2000.
(2) If:
(a) before 1 July 2000, a person lodged a claim for family benefit by way of family allowance or family tax payment in anticipation of becoming qualified for that benefit; and
(b) the claim was not determined by that date; and
(c) the person does not become qualified for the relevant family benefit before 1 July 2000;
the claim is to be taken to have lapsed on that date.
(3) If:
(a) before 1 July 2000, a person has lodged a claim for parenting payment; and
(b) the claim has not been determined before that date; and
(c) the person was, at the time of the claim, or becomes, before 1 July 2000, qualified for family benefit of that kind;
then:
(d) the claim is to be determined under the social security law as in force before 1 July 2000 as if the law as so in force had continued: and
(e) if parenting payment would be paid under the law as so in force at the rate applicable for non-benefit PP (partnered)--the claim is to be determined as if it related only to the period preceding 1 July 2000.
(4) If:
(a) before 1 July 2000, a person lodged a claim for parenting payment in anticipation of becoming qualified for that payment; and
(b) the claim was not determined by that date; and
(c) the person does not become qualified for parenting payment before 1 July 2000; and
(d) if the person were to become qualified for parenting payment on or after that date--it would be parenting payment in the nature of non-benefit PP (partnered) and not some other form of parenting payment;
the claim is to be taken to have lapsed on that date.
10 Certain claims for family benefit will be admitted on or after 1 July 2000
(1) In this item:
backdated claim period means a period after the occurrence of a particular event during which a claim for family benefit with effect from that event will be allowed.
(2) If:
(a) a person did not make a claim for family benefit before 1 July 2000; and
(b) but for the amendment of the social security law with effect from 1 July 2000, if the person had made such a claim after that date, the backdated claim period would have extended back to the occurrence of a particular event before that date;
then:
(c) the person may make such a claim on or after 1 July 2000 as if those amendments had not been made; and
(d) the claim can be dealt with in so far as the backdated claim period would permit a claim in respect of a period before 1 July 2000.
11 Transfer of claims for maternity allowance or maternity immunisation allowance from social security law to family assistance law
(1) If:
(a) a person claims maternity allowance or maternity immunisation allowance under the social security law before 1 July 2000; and
(b) the claim has not been determined as at that date;
the claim is to be treated as if it were a claim for MAT or MIA under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the Social Security Act 1991.
(2) If a person purports to claim maternity allowance or maternity immunisation allowance under the social security law on or after 1 July 2000, that claim is to be treated as if it were a claim for MAT or MIA, as the case requires, under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act and not as such a claim for the corresponding allowance under the social security law.
(3) A person who has been paid maternity allowance or maternity immunisation allowance under the social security law in respect of a particular child cannot claim MAT or MIA for the same child under Division 3 of Part 3 of the Family Assistance Administration Act as amended by this Act.
12 Applications for family benefit, maternity allowance or maternity immunisation allowance made after 1 July 2000 on behalf of another person
(1) If:
(a) an amount of family benefit is payable to a person; and
(b) the person dies before receiving that amount; and
(c) another person applies, on or after 1 July 2000, to receive the amount; and
(d) the application is made:
(i) within 26 weeks after the first person's death; or
(ii) within such further period as is allowed by the Secretary in the special circumstances of the case;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(2) If:
(a) an amount of maternity allowance or maternity immunisation allowance claimed under the social security law is payable to a person in respect of a particular child; and
(b) the person dies before receiving that amount; and
(c) another person applies, on or after 1 July 2000, to receive the amount; and
(d) the application is made:
(i) within 26 weeks after the first person's death; or
(ii) within such further period as is allowed by the Secretary in the special circumstances of the case;
the Secretary may pay the amount to the person who, in the Secretary's opinion, is best entitled to it.
(3) If the Secretary pays an amount under subitem (1) in respect of family benefit of a particular kind claimed under the social security law, the Commonwealth has no further liability to any person in respect of family benefit of that kind under the social security law or in respect of any family benefit of a like kind under the family assistance law.
(4) If the Secretary pays an amount under subitem (2) in respect of a particular child, the Commonwealth has no further liability to any person in respect of maternity allowance or maternity immunisation allowance under the social security law, or in respect of MAT or MIA under the family assistance law, in respect of that child.
(5) For the purpose of Part 5 of the Family Assistance Administration Act, a decision of the Secretary under subitem (1) or (2) has effect as if it were a decision of an officer under the family assistance law.
13 Claims for advance payment under Social Security Law
(1) If:
(a) an individual had, under section 864A of the Social Security Act 1991 as in force before 1 July 2000, requested a family allowance advance in respect of an advance period, within the meaning of that Act, that ended before 1 July 2000, and all subsequent advance periods; and
(b) that request had been granted;
the grant has effect, in relation to the advance period commencing on 1 July 2000 and all subsequent advance periods as if:
(c) it were a grant made under section 33 of the Family Assistance Administration Act as amended by this Act; and
(d) it related not to qualification for family allowance advance but rather to an entitlement to family tax benefit advance in relation to the individual's family tax benefit as determined by the Secretary in accordance with item 6.
(2) For the avoidance of doubt, an individual who is treated, by virtue of the operation of subitem (1), as having made and been granted a request under section 33 of the Family Assistance Administration Act as amended by this Act, may on 1 July 2000, or at any time after that date, withdraw the request in so far as it is treated as relating to standard advance periods within the meaning of that Act as so amended for which the individual has not been paid a family tax benefit advance.
14 Saving provision relating to information collection
If:
(a) family benefit, or maternity allowance or maternity immunisation allowance claimed under the social security law, is payable to a person; and
(b) the Secretary decides, on or after 1 July 2000, to seek further information in relation to the benefit or allowance;
the Secretary may, under Division 1 of Part 5 of the Social Security (Administration) Act 1999, require the provision of information concerning that benefit or allowance, or concerning the person to whom it is payable, as if that benefit or allowance had continued, on and after 1 July 2000, to be a social security payment as defined for the purposes of the Social Security (Administration) Act 1999.
15 Portability
(1) If:
(a) immediately before 1 July 2000, an individual
(i) is receiving family benefit in the nature of family allowance in respect of another individual; or
(ii) is receiving family benefit in the nature of parenting payment because the individual has a PP child; and
(b) the person in respect of whom, or because of whom, that benefit is received (the child) is absent from Australia immediately before that date because:
(i) having left Australia, the child has not returned before that date; or
(ii) having been born outside Australia, the child has not subsequently come to Australia before that date;
the child is not, if that absence extends for a period of 3 years beginning on the first day of the absence, an FTB child at any time after the period of 3 years ends.
(2) In determining whether the period of absence of the child extends for 3 years beginning on the first day of the child's absence:
(a) any return or coming to Australia before 1 July 2000 that would have been disregarded under the Social Security Act 1991 as in force before that date had that Act as so in force continued unamended after that date is to be disregarded for the purposes of subitem (1); and
(b) any return or coming to Australia on or after 1 July 2000 that would have been disregarded under section 24 of the Family Assistance Act as amended by this Act if that section were to have applied to the person is also to be disregarded for the purposes of that subitem.
(3) If:
(a) the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and
(b) an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia occurring after 26 weeks and after the individual becomes so entitled;
Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (b) with the modifications set out in the table included in subsection 63(4) of that Act as so amended.
(4) If:
(a) the child referred to in paragraph (1)(b) is absent from Australia for a continuous period of more than 26 weeks (whether or not that 26 weeks ends before 1 July 2000); and
(b) the child comes to Australia; and
(c) the child leaves Australia less than 26 weeks after coming to Australia; and
(d) an individual having an entitlement to family tax benefit in respect of the child is not an absent overseas recipient within the meaning of subsection 62(2) of the Family Assistance Act as amended by this Act during any part of the child's absence from Australia referred to in paragraph (c) after the individual becomes so entitled;
Schedule 1 to the Family Assistance Act as so amended applies in relation to that entitlement during that part of the child's absence that is referred to in paragraph (d) from Australia with the modifications set out in the table included in subsection 63(4) of that Act as so amended.
16 Lump sum bereavement payments for certain persons receiving non-benefit PP (partnered) at death of child
(1) If:
(a) a child died less than 4 weeks before 1 July 2000; and
(b) at the time of the child's death, the child was the only PP child of a person; and
(c) under section 512A of the Social Security Act 1991 as in force immediately before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive that parenting payment for the period of 4 weeks that starts on the day following the day of the child's death;
so much of the parenting payment as would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000:
(d) continues to be payable as if section 512A of that Act as so in force had not been repealed but had so provided; and
(e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.
(2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 512A of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.
17 Lump sum bereavement payments for certain persons receiving family tax payment at death of child
(1) If:
(a) a child died less than 4 weeks before 1 July 2000; and
(b) at the time of the child's death, a person was receiving family tax payment in respect of that child or of children including that child; and
(c) under section 900AZZC of the Social Security Act 1991 as in force before 1 July 2000, if that section had continued in force after that date, the person would, but for this item, have qualified to continue to receive family tax payment for the period of 4 weeks that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died;
so much only of the amount of family tax payment that would have been payable in respect of each day in that 4 week period that occurs after 30 June 2000 and that is attributable to that child:
(d) continues to be payable to the person as if section 900AZZC of that Act as so in force had not been repealed but had so provided; and
(e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.
(2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 900AZZC of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.
18 Lump sum bereavement payments for certain persons receiving family allowance at death of child
(1) If:
(a) a child died before 1 July 2000; and
(b) at the time of the child's death a person was receiving family allowance in respect of that child or of children including that child; and
(c) under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as in force before 1 July 2000, if those Subdivisions had continued in force after that date, the person would, but for this item, have qualified to continue to receive family allowance for a period (the bereavement period) that starts on the day following the day of the child's death at the rate that would have been applicable if the child had not died;
so much only of the amount of family allowance that would have been payable in respect of each day of the bereavement period that occurs after 30 June 2000 and that is attributable to that child:
(d) continues to be payable to the person as if that Subdivision of that Act as so in force had not been repealed but had so provided; and
(e) is payable as a single lump sum on, or as soon as practicable after, 1 July 2000.
(2) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision under Subdivision A or B of Division 10 of Part 2.17 of the Social Security Act 1991 as continued in force for the purposes of subitem (1) has effect as a decision of an officer under the social security law.
19 Set-offs
(1) If:
(a) a child dies before 1 July 2000; and
(b) before the Secretary learns of the death of the child, an individual has begun to receive family tax benefit in respect of the child in accordance with a determination under section 16 of the Family Assistance Administration Act as amended by this Act in respect of any period after 30 June 2000;
the Secretary must, as soon as practicable after learning of the child's death, review that determination in accordance with section 104 of the Family Assistance Administration Act as so amended.
(2) If the person continued to receive non-benefit PP (partnered) after 30 June 2000 in respect of the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 16 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).
(3) If the person continued to receive family tax payment after 30 June 2000 and the rate of the payment was attributable, in whole or in part, to the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 17 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).
(4) If the person continued to receive family allowance after 30 June 2000 and the rate of the allowance was attributable, in whole or in part, to the deceased child--the Secretary can set off the amount of any single lump sum due by the Commonwealth under item 18 against any debt arising on a review of family tax benefit conducted in accordance with subitem (1).
20 Bereavement payments in relation to the death of a recipient
(1) Despite the repeal of section 513A of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for parenting payment in respect of a child who has died, for a period of 13 weeks after the death of that child.
(2) For the purposes of subitem (1), section 513A of the Social Security Act 1991 as so continued in force has effect as if the reference in the section to the amount of parenting payment that would have been payable includes a reference to any lump sum that would have been payable because of the operation of item 16.
(3) Despite the repeal of section 900 of the Social Security Act 1991 as in force before 1 July 2000, that section is taken to continue in force, on and after that date, so as to facilitate any claim by the partner of a person qualified for family allowance in respect of a child who has died, for a period of 13 weeks after the death of that child.
(4) For the purposes of subitem (3), section 900 of the Social Security Act 1991 as so continued in force has effect as if the reference:
(a) in subsection (1) of that section to the sum of the amounts referred to in paragraphs (f), (g) and (h) of that subsection; and
(b) in subsection (2) of that section to the sum of the amounts referred to in paragraphs (e), (f) and (g) of that subsection;
each includes a reference to any lump sum that would have been payable because of the operation of item 18.
(5) For the purposes of Part 4 of the Social Security (Administration) Act 1999, a decision made for the purposes of section 513A, or section 900, of the Social Security Act 1991 as continued in force for the purposes of this item has effect as if it were a decision of an officer under the social security law.
21 Provision of TFNs in certain circumstances under Social Security Act 1991 taken to be provision under Family Assistance Administration Act
If the tax file number of an individual has been provided to the Secretary:
(a) by the individual; or
(b) by the partner of the individual; or
(c) by the Commissioner of Taxation on the authority of the individual;
under a provision of the Social Security Act 1991 for a purpose related to a claim for, or to entitlement to, family allowance, family tax payment or parenting payment in the nature of non-benefit PP (partnered), that tax file number is taken, for the purposes of subsection 154A(1) of the Family Assistance Administration Act as amended by this Act, to have been so provided under a provision of that Act as so amended for the purposes of that Act as so amended.
22 Saving provision--Part A rate of family tax benefit for families with children not subject to family allowance income test
(1) This item applies to an individual who, immediately before 1 July 2000:
(a) was receiving family allowance under the Social Security Act 1991 in respect of a child; and
(b) by virtue of the operation of subclause 52(2) or 53(2) of Schedule 1A to that Act--did not have to satisfy the requirements of paragraph 838(1)(c) of that Act in order to be qualified for family allowance for that child; and
(c) was also receiving either carer allowance or double orphan pension under that Act in respect of that child.
(2) If, on or after 1 July 2000, an individual to whom this item applies has at least one FTB child in relation to whom the individual continues to receive either carer allowance or double orphan pension under the Social Security Act 1991, the Part A rate of family tax benefit payable under the Family Assistance Act as amended by this Act to the individual from time to time on or after that date is a rate equal to:
(a) unless paragraph (b) applies--the Part A rate of family tax benefit that would be payable to the individual under that Act as so amended; or
(b) if the rate referred to in paragraph (a) is less than the rate (the saved rate) that would have been the individual's minimum family allowance rate under the Social Security Act 1991 immediately before 1 July 2000 if that rate were worked out having regard only to those FTB children of the individual in respect of whom the individual continues to receive either carer allowance or double orphan pension under that Act--the saved rate.
(3) If, at any time, an individual begins to receive a Part A rate of family tax benefit calculated in accordance with paragraph (2)(a), the person ceases, with effect from that time, to have any entitlement, at any time thereafter, to a Part A rate of family tax benefit at the saved rate.
Schedule 6
1 Definitions
In this Schedule, unless the contrary intention appears:
approved child care service has the meaning given in subsection 3(1) of the Family Assistance Administration Act.
childcare assistance means fee reductions made in respect of care provided before:
(a) 1 July 2000; or
(b) on or after 1 July 2000, as provided for in this Schedule;
in compliance with:
(c) the fee relief guidelines; or
(d) a Commonwealth program, administered by the Commonwealth Department of Family and Community Services or the Commonwealth Services Delivery Agency, that provided for fee reductions, generally known as "childcare assistance" or "fee relief".
childcare assistance agreement means an agreement, to which the Commonwealth is a party:
(a) entered into under section 20 of the Child Care Act 1972; or
(b) any other agreement, not being an agreement entered into under that Act;
that is made to provide grants to reimburse the costs of fee reductions.
childcare assistance scheme means the Commonwealth program under which childcare assistance is paid.
child care rebate means child care rebate payable under the Childcare Rebate Act 1993.
data collection form means a written request to an individual from the Secretary for information relating to matters associated with the establishment of a scheme for payment of child care benefit.
family allowance means family allowance payable under the Social Security Act 1991.
Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.
Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.
family assistance law has the same meaning as in subsection 3(1) of the Family Assistance Administration Act.
fee relief guidelines means the Childcare Assistance (Fee Relief) Guidelines made under section 12A of the Child Care Act 1972 as in force on 30 June 2000.
Secretary, in relation to an act or thing done, or a decision or determination made, under particular legislation, means the Secretary of the Department administered by the Minister administering that legislation.
2 Special rules relating to individual entitled to childcare assistance before 1 July 2000
(1) If, before 1 July 2000:
(a) a decision has been made in respect of an individual and a child with the effect that the individual is entitled to childcare assistance in respect of the child; and
(b) the individual has returned a completed data collection form to the Secretary by the date specified in the form;
then:
(c) section 42 of the Family Assistance Act as amended by this Act and in force on 1 July 2000, is treated as being in force when the completed data collection form was returned; and
(d) the individual is taken to be conditionally eligible under that section, as so in force, at the time that the form was returned.
(2) If:
(a) determinations of conditional eligibility, CCB %, a weekly limit of hours and schooling %, would, apart from this subitem, come into force on 1 July 2000 in respect of the individual and the child; and
(b) the individual has not remained entitled to childcare assistance in respect of the child for the period commencing on the day the data collection form is returned to the Secretary and ending on 30 June 2000;
the determinations do not come into force on 1 July 2000.
Note: Determinations of conditional eligibility, a weekly limit of hours, CCB % and schooling % are made under sections 50F, 50H, 50J and 50K respectively of the Family Assistance Administration Act as amended by this Act and in force on 1 July 2000.
(3) If:
(a) a requirement has been imposed before 1 July 2000 under the childcare assistance scheme in respect of the child of the individual; and
(b) the requirement is that the child comply with the immunisation requirement; and
(c) the child does not meet the requirement by 1 July 2000; and
(d) immediately before 1 July 2000, less than 63 days have elapsed since the requirement was imposed;
then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(e) section 57E of the Family Assistance Administration Act as so amended, and paragraph 42(1)(c) of the Family Assistance Act as so amended, are treated as having been in force when the requirement was imposed; and
(f) the requirement is taken to have been imposed, at the time when it was imposed, under section 57E of the Family Assistance Administration Act as so amended and as so in force; and
(g) the requirement is taken to have been imposed, at the time when it was imposed, for the purposes of paragraph 42(1)(c) of the Family Assistance Act as so amended and as so in force.
(4) If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the childcare assistance scheme, then, on 1 July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act, as amended by this Act and in force on that day.
3 Special rules if individual claiming child care rebate and receiving family allowance returns data collection form
(1) If:
(a) an individual makes a claim for childcare rebate in respect of a child within the period commencing on 1 January 1998 and ending on 30 June 2000; and
(b) immediately before 1 July 2000, the individual is receiving family allowance in respect of the child; and
(c) the individual returns a completed data collection form to the Secretary by the date specified in the form;
then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(d) paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the completed data collection form is returned; and
(e) the individual is taken to have made an effective claim under that paragraph, as so in force, at the time that the form was returned.
(2) If, immediately before 1 July 2000, the child is meeting the immunisation requirements set out in the Childcare Rebate Act 1993, then, on I July 2000, the child is taken to meet the immunisation requirements in section 6 of the Family Assistance Act as amended by this Act and in force on that day.
4 Individuals may make a claim for child care benefit by fee reduction before 1 July 2000
If an individual makes a claim for child care benefit by fee reduction before 1 July 2000, then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(a) paragraph 49B(a) of the Family Assistance Administration Act, as so amended is treated as being in force when the claim is made; and
(b) the claim is taken to have been made, at the time that it was made, under that paragraph of that Act as so amended and in force.
5 Minimum CCB % if individual objects to use of tax file number given previously
(1) This item applies to an individual referred to in subitems 2(1) and 3(1).
(2) If:
(a) the tax file number of an individual to which this item applies has been provided to the Secretary:
(i) by the individual; or
(ii) by the partner of the individual; or
(iii) by the Commissioner of Taxation on the authority of the individual;
under:
(iv) a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or
(v) the childcare assistance scheme for a purpose related to a claim for, or entitlement to, childcare assistance; and
(b) the individual returns to the Secretary a completed data collection form by the date specified in the form; and
(c) in that form, the individual objects to the use of the tax file number previously provided to the Secretary;
a determination of CCB % under section 50J of the Family Assistance Administration Act as amended by this Act and that would come into force on 1 July 2000 in respect of the individual, is to be calculated under Schedule 2 to the Family Assistance Act using the minimum taxable income % as the taxable income %.
6 Special rules relating to status of a child
(1) If:
(a) immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that a child is taken to be a dependent child; and
(b) either:
(i) under item 2, an individual is taken to be conditionally eligible for child care benefit by fee reduction in respect of the child; or
(ii) under item 3, an individual is taken to have made an effective claim for child care benefit by fee reduction in respect of the child; or
(iii) under item 4, an individual makes a claim for child care benefit by fee reduction in respect of the child;
then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(c) the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and
(d) the decision that the child is taken to be a dependent child is taken to have been a determination that the child is an FTB child of the individual made, at the time referred to in subitem (2), under subsection 42(2) of the Family Assistance Act as so amended and in force.
(2) The determination referred to in paragraph (1)(d) is taken to have been made on:
(a) in the case of subparagraph (b)(i)--the day the individual is taken to be conditionally eligible immediately before the time the individual is taken to be so conditionally eligible; and
(b) in the case of subparagraph (b)(ii)--the day the effective claim is taken to have been made; and
(c) in the case of subparagraph (b)(iii)--the day the claim is made.
7 Special rules relating to residence
(1) If:
(a) immediately before 1 July 2000, a decision is in force under the childcare assistance scheme that an individual is taken to be a resident for childcare assistance purposes with effect that the individual is a resident on 1 July 2000; and
(b) either:
(i) under item 2, the individual is taken to be conditionally eligible for child care benefit by fee reduction; or
(ii) under item 3, the individual is taken to have made an effective claim for child care benefit by fee reduction; or
(iii) under item 4, an individual makes a claim for child care benefit by fee reduction;
then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(c) the Family Assistance Act as so amended is treated as having been in force when the decision under paragraph (a) was made; and
(d) the decision that the individual is a resident is taken to have been a determination made, at the time referred to in subitem (2), under section 8 of the Family Assistance Act as so amended and in force.
(2) The determination is taken to have been made on:
(a) in the case of subparagraph (b)(i)--the day the individual is taken to be conditionally eligible, immediately before the time the individual is taken to be so conditionally eligible; and
(b) in the case of subparagraph (b)(ii)--the day the effective claim is taken to have been made; and
(c) in the case of subparagraph (b)(iii)--the day the claim is made.
8 Special rules relating to tax file numbers provided for another purpose
If:
(a) the tax file number of an individual has been provided to the Secretary:
(i) by the individual; or
(ii) by the partner of the individual; or
(iii) by the Commissioner of Taxation on the authority of the individual;
under:
(iv) a provision of the Social Security Act 1991 for a purpose related to a claim for, or entitlement to, family allowance; or
(v) the childcare assistance scheme; and
(b) the individual returns to the Secretary a completed data collection form by the date specified in the form; and
(c) in that form, the individual does not object to the use of the tax file number previously so provided to the Secretary;
that tax file number is taken to have been provided for the purposes of section 50B of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000.
9 Special rules relating to TFN requirements
(1) If:
(a) an individual has been requested, before 1 July 2000, under section 75 of the Social Security (Administration) Act 1999 or under the childcare assistance scheme, to provide a tax file number in relation to a claim for, or the receipt of, family allowance or childcare assistance; and
(b) the individual has not, before that date, provided that tax file number; and
(c) immediately before 1 July 2000, less than 28 days have elapsed since the request to provide that number;
then, for the purposes of the Family Assistance Administration Act as amended by this Act and the Family Assistance Act as so amended:
(d) the Family Assistance Act as so amended is treated as having been in force when the request was made; and
(e) the request is taken to have been made, at the time when it was made, under section 57B of the Family Assistance Act as so amended and in force.
(2) If, under a decision made under the childcare assistance scheme, an individual has been exempted, before 1 July 2000, from having to meet the tax file number requirements of the scheme, then, for the purposes of the Family Assistance Administration Act, as amended by this Act:
(a) that Act as so amended is treated as having been in force when the decision that the individual is exempt was made; and
(b) the decision is taken to have been made, at the time the exemption under the childcare assistance scheme was given, under subsection 57B(6) of that Act as so amended and in force.
10 Special rules relating to a childcare assistance agreement in force immediately before 1 July 2000
Agreement to which this item relates
(1) This item applies to a childcare assistance agreement that was in force immediately before 1 July 2000.
Agreement ceases to operate for grants for fee reductions after 1 July 2000 except in certain circumstances
(2) Except in the limited circumstances set out in subitem (3) or (4), on and after 1 July 2000, an agreement to which this item applies does not operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000.
Matters in respect of which agreement continues to operate
(3) An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to a session of care that started before 1 July 2000 and continued on that date.
Note 1: Item 17 continues access to fee reductions under the childcare assistance scheme for care provided during a session of care that started immediately before 1 July 200 and continued on that date.
Note 2: In respect of care provided on 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.
(4) An agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided on or after 1 July 2000, if the care is provided by an outside school hours care service during the period of a school vacation that starts before 1 July 2000 and continues on and after that day.
Note 1: Item 18 continues access to fee reductions under the childcare assistance scheme for vacation care provided on and after 1 July 2000 if the vacation started before 1 July 2000.
Note 2: In respect of care provided on and after 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.
(5) On and after 1 July 2000, an agreement to which this item applies does operate, in respect of a grant to reimburse the costs of fee reductions, in relation to care provided before 1 July 2000.
Note: In respect of care provided before 1 July 2000, this provision continues the agreement and, in particular, continues the obligations and responsibilities imposed under the agreement, in relation to that care.
(6) On and after 1 July 2000, an agreement to which this item applies operates for the purposes of other grants (if any) provided for in the agreement.
Commonwealth under no obligation to make further grants under agreement
(7) The operation of an agreement to which this item applies is limited in that the Commonwealth is under no obligation, on or after 1 July 2000, to make any further grants under the agreement to reimburse the costs of fee reductions.
Child Care Act, guidelines etc. to be treated as in force
(8) For the purposes of an agreement to which this item applies in so far as it relates to a grant to reimburse the costs of fee reductions, in relation to care provided as mentioned in subitems (3), (4) and (5):
(a) on and after 1 July 2000, the Child Care Act 1972 is treated as being in force as if the amendments made by Schedule 3 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 had not been made; and
(b) if:
(i) a handbook, guidelines or other document that relates to fee reductions created by a Commonwealth Department with the responsibility for administering the agreement is referred to in the agreement; and
(ii) the handbook, guidelines or other document operates on 30 June 2000;
the handbook, guidelines or other document is treated as operating on and after 1 July 2000.
11 Childcare assistance agreement services to become approved child care services under section 195 of the Family Assistance Administration Act
Long day care services
(1) If:
(a) a childcare assistance agreement is in force in respect of a long day care service immediately before 1 July 2000; and
(b) the service is not, immediately before 1 July 2000, subject to a suspension under paragraph 4E(1)(d) of the Child Care Act 1972;
the service is treated as being an approved centre based long day care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.
Family day care services
(2) If a childcare assistance agreement is in force in respect of a family day care service immediately before 1 July 2000, the service is treated as being an approved family day care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.
Occasional care services
(3) If a childcare assistance agreement is in force in respect of an occasional care service immediately before 1 July 2000, the service is treated as being an approved occasional care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.
Outside school hours care services
(4) If a childcare assistance agreement is in force in respect of an outside school hours care service immediately before 1 July 2000, the service is treated as being an approved outside school hours care service under section 195 of the Family Assistance Administration Act as amended by this Act with effect from 1 July 2000.
Requirement of subsection 195(3) of the Family Assistance Administration Act need not be complied with
(5) For an approved child care service referred to in subitems (1) to (4) (inclusive), the Secretary does not have to comply with the requirement in subsection 195(3) of the Family Assistance Administration Act as amended by this Act to give a certificate in respect of the service.
If long day care services subject to a sanction (other than suspension) on 30 June 2000, sanction carries over to child care benefit scheme
(6) If a long day care service is, immediately before 1 July 2000, subject to a sanction, other than suspension, under section 4E of the Child Care Act 1972, the service is treated, on and after 1 July 2000, as being subject to the sanction under section 200 of the Family Assistance Administration Act as amended by this Act .
12 Special condition of continuing approval of approved child care services referred to in item 11
If:
(a) a service is treated, under item 11, as an approved child care service; and
(b) item 10 applies to an agreement in respect of the service;
it is a condition for the continued approval of the approved child care service under section 195 of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000, that the service not contravene an obligation imposed on the service under the agreement in respect of a grant to reimburse the costs of fee reductions, in relation to care mentioned in subitems 10(3), (4) and (5).
13 Debts under childcare assistance agreements to be recoverable under the Family Assistance Administration Act
(1) If:
(a) an amount (the debt), whether described as a debt or not, is to be repaid:
(i) under a childcare assistance agreement to which item 10 applies; or
(ii) under section 20B of the Child Care Act 1972 as in force immediately before 1 July 2000 in respect of an advance on account of a grant to reimburse the costs of fee reductions made for children; and
(b) the debt relates to a grant to reimburse the costs of fee reductions for care mentioned in subitem (10)(3), (4) or (5);
the debt, whether it arises before, or on or after, 1 July 2000 is recoverable on or after 1 July 2000 under subsection 82(2) of the Family Assistance Administration Act as amended by this Act and in force on 1 July 2000.
(2) If the debt has been partially recovered under the childcare assistance scheme before 1 July 2000, the balance of the debt may be recovered under subsection 82(2) of the Family Assistance Administration Act as amended by this Act and in force on and after 1 July 2000.
14 Minister may terminate childcare assistance agreements
(1) If:
(a) a childcare assistance agreement was in force immediately before 1 July 2000; and
(b) the agreement relates solely to a grant to reimburse the costs of fee reductions;
the Minister may, on or after 1 July 2000, determine, in writing, that the agreement is ended from a date specified in the determination.
(2) The determination has effect accordingly.
15 Old sanctions to be taken into account by Secretary when considering applications under section 194 of the Family Assistance Administration Act
If:
(a) a person applies under section 194 of the Family Assistance Administration Act as amended by this Act for approval of a child care service as an approved child care service for the purposes of the family assistance law; and
(b) the person, when operating a child care service under the childcare assistance scheme, was subject to sanctions in respect of the service;
the Secretary may refuse to approve the service under subsection 195(2) of that Act as amended by this Act.
16 Special rules relating to claims for childcare assistance
Claims for childcare assistance that are undetermined as at 1 July 2000
(1) If:
(a) a person lodged a claim for childcare assistance in respect of care provided before 1 July 2000; and
(b) that claim was not determined before that date;
the claim is to be determined after 1 July 2000 under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.
Claims lodged after 1 July 2000
(2) Despite the termination of the childcare assistance scheme on 1 July 2000, a person may lodge a claim for childcare assistance before 8 July 2000 if the claim relates to care provided no more than 7 days before the claim is lodged. The claim is to be determined after 1 July 2000 under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.
17 Special rules relating to sessions of care
If a session of care, within the meaning of the childcare assistance scheme, provided by a child care service starts before 1 July 2000 and continues on 1 July 2000, a claim for childcare assistance in respect of the session is to be determined under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.
18 Special rules relating to vacation care
If a period of vacation care, within the meaning of the childcare assistance scheme, provided by a child care service starts before 1 July 2000 and continues on and after 1 July 2000, a claim for childcare assistance in respect of this care is to be determined under the childcare assistance scheme as in force immediately before 1 July 2000 as if the scheme, as so in force, had continued in force.
19 Special rules relating to registered carers under section 49 of the Childcare Rebate Act
Most registered carers to be treated as registered carers under the child care benefits scheme
(1) If:
(a) an individual was a registered carer under section 49 of the Childcare Rebate Act 1993 immediately before 1 July 2000; and
(b) the individual did not do any of the following things immediately before 1 July 2000:
(i) operate a child care service that was the subject of a childcare assistance agreement;
(ii) operate a child care service that was receiving financial assistance from the Commonwealth in connection with its operational costs, where the provision of that assistance is administered by the Commonwealth Department of Family and Community Services;
(iii) provide child care under a contract with a family day care service that was the subject of a childcare assistance agreement;
the individual is to be treated as being approved as a registered carer under section 210 of the Family Assistance Administration Act, as amended by this Act and in force on 1 July 2000, with effect from that date.
Applications for registration as a carer under section 49 of the Childcare Rebate Act that are undetermined as at 1 July 2000
(2) If:
(a) a person or body lodged an application for registration as a carer under section 49 of the Childcare Rebate Act 1993 before 1 July 2000; and
(b) that application was not determined before that date;
then:
(c) the application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if that Act, as so in force, had continued in force; and
(d) if the registration (if any) relates to a person who is not an individual, the registration remains in force only in relation to care provided before 1 July 2000, or on or after 1 July 2000 as mentioned in subitems 20(3) and (4); and
(e) for the purposes of subitem (1), if the registration (if any) relates to a person who is an individual, the individual is to be treated as being a registered carer before 1 July 2000.
Applications for registration as a carer under section 49 of the Childcare Rebate Act lodged after 1 July 2000
(3) Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, a person or body may apply, on or after 1 July 2000 and before 1 January 2001, for registration as a carer under section 49 of that Act if the application relates to care provided as mentioned in subitem 20(2), (3) or (4). The application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.
20 Special rules relating to claims for child care rebate
Claims for child care rebate that are undetermined as at 1 July 2000
(1) If:
(a) a person lodged a claim for child care rebate before 1 July 2000; and
(b) that claim was not determined before that date;
the claim is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.
Claims for child care rebate made after 1 July 2000 for care provided before 1 July 2000
(2) Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, a person may lodge a claim for child care rebate on or after 1 July 2000 and before 1 January 2001 if the claim relates to care provided during a period commencing 2 years before the claim was lodged and ending on 30 June 2000. The claim is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.
(3) If a session of care provided by a child care service starts before 1 July 2000 and continues on 1 July 2000, a claim for child care rebate in respect of the session is to be determined under the Childcare Rebate Act 1993 as in force immediately before 1 July 2000 as if the Act, as so in force, had continued in force.
(4) If a period of vacation care provided by an outside school hours care service starts before 1 July 2000 and continues on and after 1 July 2000, a claim for child care rebate in respect of this care is to be determined under the Childcare Rebate Act 1993 as in force immediately before 1 July 2000 as if the Act, as so in force, had continued in force.
21 Special rules relating to registration of families
Applications for registration of a family under section 19 of the Childcare Rebate Act that are undetermined as at 1 July 2000
(1) If:
(a) an individual lodged an application for registration of a family under section 19 of the Childcare Rebate Act 1993 before 1 July 2000; and
(b) that application was not determined before that date;
the application is to be determined under the Childcare Rebate Act 1993, as in force before 1 July 2000, as if that Act, as so in force, had continued in force.
Applications for registration of a family under section 19 of the Childcare Rebate Act lodged after 1 July 2000
(2) Despite the repeal of the Childcare Rebate Act 1993 on 1 July 2000, an individual may apply, on or after 1 July 2000 and before 1 January 2001, for a family to be registered under section 19 of that Act if the application relates to care provided as mentioned in subitem 20(2), (3) or (4). The application is to be determined under the Childcare Rebate Act 1993 as in force before 1 July 2000 as if the Act, as so in force, had continued in force.
22 Health Insurance Commission's functions and powers in relation to child care rebate to continue for certain matters
(1) The Health Insurance Commission must deal with the following matters:
(a) applications referred to in item 19;
(b) claims referred to in item 20;
(c) applications referred to in item 21;
(d) matters arising in respect of those applications and claims (for example, applications for review);
under the Health Insurance Commission Act 1973 and the Childcare Rebate Act 1993 as if the following amendments to those Acts had not occurred:
(e) the amendments of the Health Insurance Commission Act 1973 by Schedule 8 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999;
(f) the repeal of the Childcare Rebate Act 1993.
(2) In respect of the Commission's powers under subitem (1), the Commission may, under subsection 55(3) of the Childcare Rebate Act 1993 as continued in force, extend the period in which an application may be made for reconsideration of a decision listed in section 53 of that Act, but only until 30 June 2001.
23 Other transitional matters may be provided for in regulations
The Governor-General may make regulations, not inconsistent with this Schedule, the Family Assistance Administration Act and the Family Assistance Act prescribing other transitional matters, apart from transitional matters provided for in this Schedule, that are necessary or convenient for carrying out or giving effect to the introduction of child care benefit under the family assistance law.
Social Security and Veterans' Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000 (No. 94, 2000)
Schedule 2
14 Saving provision
Despite the amendments of the Social Security (Administration) Act 1999 made by this Part (other than the amendments made by items 11, 12 and 13), that Act continues to apply, after 20 September 2000, to a decision made before that time under section 1218 of the Social Security Act 1991, as if those amendments had not been made.
Family and Community Services and Veterans' Affairs Legislation Amendment (Debt Recovery) Act 2001 (No. 47, 2001)
Schedule 2
3 Application
The amendment made by item 2 applies to determinations in force at the commencement of the day on which this Act receives the Royal Assent and determinations made after that time.
Social Security Legislation Amendment (Concession
Cards) Act 2001
(No. 80,
2001)
Schedule 1
25 Saving: existing concession cards
(1) Where a pensioner concession card or a health care card has been issued by the Commonwealth before the commencement of this Act and is expressed to expire at a time after that commencement, the card has effect, and the Social Security Act 1991, the Health Insurance Act 1973 and the National Health Act 1953, as amended by this Act, apply in relation to the card, after that commencement as if:
(a) this Act had been in operation when the card was issued; and
(b) the card had been issued under the Social Security Act 1991, as amended by this Act.
(2) A seniors health card issued under the Social Security Act 1991, as in force immediately before the commencement of this Act, has the same effect after that commencement as it would have had if:
(a) this Act had been in operation when the card was issued; and
(b) the card had been issued under the Social Security Act 1991, as amended by this Act.
(3) For the purposes of subitem (2), anything done under, or for the purposes of, the Social Security Act 1991, as in force before the commencement of this Act, in relation to a seniors health card or the holder of such a card continues to have effect, after that commencement, as if:
(a) when it was done, this Act had been in force; and
(b) it had been done under, or for the purposes of, the Social Security Act 1991, as amended by this Act.
Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 137, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Family and Community Services Legislation Amendment (Budget Initiatives and Other Measures) Act 2002 (No. 95, 2002)
Schedule 1
11 Continuation of existing payment directions
(1) In this item:
Administration Act means the Social Security (Administration) Act 1999.
payment recipient means the person to whose relevant payment a pre-existing direction related.
pre-existing direction means:
(a) a direction in force, under subsection 44(3) of the Administration Act; or
(b) a direction given by virtue of paragraph 45(2)(b) of that Act and in force; or
(c) a direction in force under subsection 47(5) of that Act;
immediately before the commencement of this Schedule.
relevant payment has the same meaning as in Part 3A of the Administration Act, as amended by this Schedule.
representative means the person specified in a pre-existing direction as the person to whom the relevant payment, or part of the relevant payment, to which the direction related was to be paid.
(2) On and after the commencement of this Schedule, a pre-existing direction continues in force as if:
(a) the representative had consented in writing to appointment under section 123B of the Administration Act, as amended by this Schedule, as the payment nominee of the payment recipient; and
(b) as if the direction were:
(i) an appointment under section 123B of the Administration Act, as amended by this Schedule, of the representative as the payment nominee of the payment recipient; and
(ii) a direction under that section that the whole, or the same part, as the case may be, of the relevant payment be paid to the payment nominee of the payment recipient.
Family and Community
Services and Veterans' Affairs Legislation Amendment (2003 Budget and Other
Measures) Act 2003
(No. 122, 2003)
Schedule 4
1 Application
The amendments made by this Schedule apply in relation to departures from Australia before, on or after the commencement of this Schedule by persons who are absent from Australia on or after that commencement as a result of those departures.
Family Assistance Legislation Amendment (More Help for Families--One-off Payments) Act 2004 (No. 60, 2004)
Schedule 3
1 Administrative scheme for one-off payments to families and carers
(1) Subject to this item, the Minister may, in writing, determine a scheme under which one-off payments may be made to families and carers in particular circumstances. The Minister may, in writing, vary or revoke the scheme.
(2) The circumstances in which the scheme provides for payments must be circumstances:
(a) in which the Minister considers that Part 5 of the A New Tax System (Family Assistance) Act 1999, and Parts 2.5A and 2.19A of the Social Security Act 1991, do not produce appropriate results; and
(b) occurring in the financial year starting on 1 July 2003.
(3) The scheme must not provide for payments to be made at a time that is after 30 June 2007.
(4) Without limiting the generality of subitem (1), the scheme may deal with the following:
(a) the circumstances in which payments are to be made;
(b) the amount of the payments;
(c) what a person has to do to get a payment;
(d) administrative matters, such as determination of entitlement and how and when payments will be made.
(5) An instrument determining, varying or revoking the scheme is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
(6) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
Family and Community
Services and Veterans' Affairs Legislation Amendment (2004 Election
Commitments) Act 2004
(No. 132, 2004)
Schedule 2
13 Special payment of seniors concession allowance in December 2004
(1) In this item:
1 December test day means the seniors concession allowance test day that occurs on 1 December 2004.
Administration Act means the Social Security (Administration) Act 1999 as amended by this Schedule and Schedule 1 to this Act.
seniors concession allowance means seniors concession allowance under Part 2.25B of the Act.
seniors concession allowance test day has the meaning given by subsection 1061UA(3) of the Act.
social security law means the social security law (within the meaning of subsection 23(17) of the Act) as amended by this Schedule and Schedule 1 to this Act.
the Act means the Social Security Act 1991 as amended by this Schedule and Schedule 1 to this Act.
transitional day means a day in December 2004 (other than 1 December 2004).
Veterans' Entitlements Act means the Veterans' Entitlements Act 1986 as amended by this Schedule and Schedule 1 to this Act.
(2) Transitional seniors concession allowance is payable under this item to a person in relation to the transitional day if:
(a) seniors concession allowance would be payable to the person under section 1061UA of the Act in relation to the transitional day if that day were a seniors concession allowance test day; and
(b) seniors concession allowance was not payable to the person under section 1061UA of the Act in relation to the 1 December test day.
(3) Transitional seniors concession allowance is payable only once in relation to December 2004.
(4) If transitional seniors concession allowance is payable to a person in relation to the transitional day, the person is to be paid an instalment of the allowance as soon as is reasonably practicable on or after the transitional day. The amount of the instalment is $100.
(5) For the purposes of the social security law, the Veterans' Entitlements Act and the Income Tax Assessment Act 1997:
(a) transitional seniors concession allowance payable under this item in relation to the transitional day is to be treated as if it were seniors concession allowance payable under Part 2.25B of the Act in relation to the 1 December test day; and
(b) an instalment of transitional seniors concession allowance paid under this item in relation to the transitional day is to be treated as if it were a payment of an instalment of seniors concession allowance under section 49B of the Administration Act in relation to the 1 December test day.
(6) The Consolidated Revenue Fund is appropriated for the purposes of this item.
Social Security Legislation Amendment (One-off Payments for Carers) Act 2005 (No. 55, 2005)
Schedule 2
1 Administrative scheme for 2005 one-off payments to carers
(1) Subject to this item, the Minister may, by legislative instrument, determine a scheme under which one-off payments may be made to carers in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.
(2) The circumstances in which the scheme provides for payments must be circumstances:
(a) in which the Minister considers that Divisions 2 and 3 of Part 2.5A and Division 2 of Part 2.19A of the Social Security Act 1991 do not produce appropriate results; and
(b) occurring in the financial year starting on 1 July 2004.
(3) Without limiting the generality of subitem (1), the scheme may deal with the following:
(a) the circumstances in which payments are to be made;
(b) the amount of the payments;
(c) what a person has to do to get a payment;
(d) administrative matters, such as determination of entitlement and how and when payments will be made.
(4) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
Family and Community Services Legislation Amendment (Family Assistance and Related Measures) Act 2005 (No. 61, 2005)
Schedule 4
28 Application of item 19
The amendment made by item 19 applies in relation to an adverse determination, made after the commencement of this item, to reduce the rate of, or cancel, a person's social security payment for a day that occurs after that commencement.
Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005 (No. 154, 2005)
Schedule 22
15 Application and transitional provisions--items 11 and 13
(1) The amendments of the Social Security (Administration) Act 1999 made by items 11 and 13 of this Schedule apply in relation to any claim, and any payment of pension as a result of such a claim, by a person for a disability support pension made on or after 1 July 2006.
(2) Subject to subitem (3), the Social Security (Administration) Act 1999 applies to any claim by a person for a disability support pension made before 1 July 2006, and any payment of pension as a result of such a claim, as if the amendments referred to in subitem (1) had not been made.
(3) If:
(a) on or after 1 July 2006, a notice under subsection 63(2) or 64(2) of the Social Security (Administration) Act 1999 is given to a person who made a claim for a disability support pension on or after 11 May 2005 and before 1 July 2006; and
(b) under the notice, the person is required to undertake a specified activity for the purpose of reviewing his or her capacity to perform work;
then, the amendments of the Social Security (Administration) Act 1999 referred to in subitem (1) apply to the person from the date of the notice.
16 Application provision--item 12
The amendment of the Social Security (Administration) Act 1999 made by item 12 of this Schedule apply in relation to determinations under subsection 96(1) or (3) of that Act whose date of effect is on or after 1 July 2006.
17 Application provision--item 14
The amendment of the Social Security (Administration) Act 1999 made by item 14 of this Schedule applies in relation to persons whose disability support pension is cancelled, with effect on or after 1 July 2006.
25 Saving provision relating to administrative breaches
(1) If:
(a) as a result of an administrative breach committed by the person before the commencement of this item, an administrative breach rate reduction period applied to the person under subsection 63(5) of the Social Security (Administration) Act 1999; and
(b) on that commencement, the administrative breach rate reduction period had not ended;
the administrative breach rate reduction period continues to apply to the person after that commencement as if that subsection had not been repealed by this Act.
(2) In this item:
administrative breach means any non-compliance by the person as a result of which an administrative breach rate reduction period applied to the person, before the commencement of this item, under subsection 63(5) of the Social Security (Administration) Act 1999.
33 Saving provision relating to administrative breaches
(1) If:
(a) as a result of an administrative breach committed by the person before the commencement of this item, an administrative breach rate reduction period applied to the person under subsection 64(4) of the Social Security (Administration) Act 1999; and
(b) on that commencement, the administrative breach rate reduction period had not ended;
the administrative breach rate reduction period continues to apply to the person after that commencement as if that subsection had not been amended by this Act.
(2) In this item:
administrative breach means any non-compliance by the person as a result of which an administrative breach rate reduction period applied to the person, before the commencement of this item, under subsection 64(4) of the Social Security (Administration) Act 1999.
45 Saving provision
A delegation in force under section 234 of the Social Security (Administration) Act 1999 immediately before the commencement of item 45 continues to have effect after that commencement as if it were a delegation under that section as amended by this Act.
47 Application provision
The amendment made by this Part applies in relation to claims for social security payments made on or after 20 September 2006.
Employment and Workplace
Relations Legislation Amendment (Welfare to Work and Other Measures)
(Consequential Amendments) Act 2006
(No. 64, 2006)
Schedule 13
15 Saving provision
The amendment of section 146 of the Social Security (Administration) Act 1999 by this Act does not affect the validity of any guidelines set under that section before the commencement of this item.
Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006 (No. 108, 2006)
Schedule 4
12 Saving
The repeal of paragraphs 144(a) and (b) of the Social Security (Administration) Act 1999 does not enable the SSAT to review a decision it was prohibited by either of those paragraphs from reviewing.
Employment and Workplace
Relations Legislation Amendment (Welfare to Work and Vocational Rehabilitation
Services) Act 2007
(No. 65, 2007)
Schedule 1
54 Application
The amendment made by item 53 applies to:
(a) a decision under the social security law in relation to which an application is made, on or after the commencement of this item, to the Secretary under section 129 of the Social Security (Administration) Act 1999 for review of the decision; and
(b) a decision under the social security law reviewed by the Secretary, on or after the commencement of this item, under section 126 of the Social Security (Administration) Act 1999 without any application under section 129 of that Act for review of the decision having been made.
Schedule 12
15 Application of item
The amendment made by item 14 of this Schedule applies to any claim for an AGDRP that is made after that item commences.
Social Security
Amendment (2007 Measures No. 2) Act 2007
(No. 173,
2007)
Schedule 1
48 Application--amendment of section 12 of the Social Security (Administration) Act 1999
(1) A determination (including a determination on review) made on or after 1 January 2008 under section 12 of the Social Security (Administration) Act 1999 must be made under section 12 as amended, and cannot be made under section 12 as in force before 1 January 2008 (whether or not the determination would relate to a person who became qualified for a payment before that date).
(2) Subitem (1) does not apply in relation to a determination on review if a review of the decision (whether or not the review on which the determination was made) was:
(a) initiated by the Secretary; or
(b) applied for by a person;
before 1 January 2008.
(3) In this item:
determination on review means a determination made on review of a decision in accordance with Part 4 of the Social Security (Administration) Act 1999.
Families, Community
Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget
Measures) Act 2007
(No. 183,
2007)
Schedule 1
33 Application of amendments of section 17 of the Social Security (Administration) Act 1999
The amendments of section 17 of the Social Security (Administration) Act 1999 made by this Schedule apply in relation to a claim for pension bonus lodged on or after 1 January 2008.
36 Application of amendments of section 21 of the Social Security (Administration) Act 1999
The amendments of section 21 of the Social Security (Administration) Act 1999 made by this Schedule apply in relation to a claim for pension bonus lodged on or after 1 January 2008.
Social Security and Veterans' Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 (No. 19, 2008)
Schedule 1
14 Application
To avoid doubt, the amendment made by item 13 does not entitle a person to a payment of 2006 one-off payment to older Australians or 2007 one-off payment to older Australians if such a payment has already been paid to the person under section 47AA or 47AB of the Social Security (Administration) Act 1999 (as in force before the commencement of this item).
Schedule 3
10 Application
To avoid doubt, the amendment made by item 9 does not entitle a person to a payment mentioned in paragraphs 47B(2)(a) to (o) of the Social Security (Administration) Act 1999 (as inserted by item 9) if such a payment has already been paid to the person under section 47B, 47C, 47D or 47E of the that Act (as in force before the commencement of this item).
Schedule 5
25 Application
The amendments made by this Schedule apply in relation to a person who leaves Australia on or after 1 July 2008.
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 (No. 63, 2008)
4 Review of operation of amendments
(1) The Minister must cause an independent review of the operation of the amendments made by this Act to be undertaken and completed by 30 June 2010.
(2) The persons who undertake the review under subsection (1) must give the Minister a written report of the review.
(3) The Minister must cause a copy of the report of the review under subsection (1) to be tabled in each House of the Parliament within 15 sitting days of the day on which the report is given to the Minister.
(4) The review must be conducted by a panel of not less than 5 persons, of which at least:
(a) 3 persons must be nominated by relevant key stakeholder organisations; and
(b) 2 persons must be nominated by the Minister.
Schedule 3
11 Application
(1) Paragraph 75(1)(c) of the Social Security (Administration) Act 1999 (as inserted by this Act) applies in relation to claims for seniors health cards made on or after the commencement of this item.
(2) Paragraph 75(1)(d) of the Social Security (Administration) Act 1999 (as inserted by this Act) applies in relation to seniors health cards granted before, on or after the commencement of this item.
Schedule 4
13 Application of amendments
The amendments made by this Part apply in relation to a person who died before, or dies at or after, the commencement of this Part.
Social Security and Other Legislation Amendment (Employment Entry Payment) Act 2008 (No. 64, 2008)
Schedule 1
11 Transitional
(3) Despite the repeal of Part 2.13 of the Social Security Act 1991 made by this Schedule, that Part, and the provisions of that Act and the Social Security (Administration) Act 1999 that relate to that Part, as in force immediately before the commencement of this item, continue to apply in relation to a person on and after the commencement of this item if the following circumstances exist:
(a) for section 661, 663, 664AAA, 664AA, 664C or 664I of the Social Security Act 1991--the commencement of the employment, or the entry into the agreement, was before the commencement of this item;
(b) for section 663B, 663F or 664BA of that Act--the commencement of the employment, or the increase in hours worked, was before the commencement of this item;
(c) for section 663D of that Act--the starting of the earning of income, or the increase in income or the entry into the agreement, was before the commencement of this item;
(d) for section 664A, 664E, 664G or 664HA of that Act--the rise in income, or the entry into the agreement, was before the commencement of this item.
(5) Despite the repeal of paragraph (d) of the definition of supplementary payment in subsection 15(5) of the Social Security (Administration) Act 1999 made by this Schedule, that paragraph continues to apply on and after the commencement of this item in relation to claims made before, on or after the commencement of this item.
(6) Despite the repeal of paragraph (e) of the definition of lump sum benefit in subsection 47(1) of the Social Security (Administration) Act 1999 made by this Schedule, that paragraph continues to apply on and after the commencement of this item in relation to employment entry payments that are payable before, on or after the commencement of this item.
Tax Laws Amendment (Education Refund) Act 2008 (No. 141, 2008)
Schedule 1
10 Application
The amendments made by this Schedule apply to the 2008-2009 income year and later years.
Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Act 2008 (No. 149, 2008)
Schedule 1
34 Payments to which amendments apply
The amendments made by Part 1 of this Schedule apply in relation to a schooling requirement payment (within the meaning of the Social Security (Administration) Act 1999 as amended by this Act) whether it is claimed, or granted, before, on or after the day on which the amendments commence.
Household Stimulus Package Act (No. 2) 2009 (No. 4, 2009)
Schedule 4
1 Administrative scheme for household stimulus payments
(1) Subject to this item, a Minister administering:
(a) the A New Tax System (Family Assistance) Act 1999; or
(b) the Social Security Act 1991; or
(c) the Farm Household Support Act 1992; or
(d) the Veterans' Entitlements Act 1986;
may, by legislative instrument, determine a scheme under which household stimulus payments may be made to persons in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.
(2) The circumstances in which the scheme provides for payments must be:
(a) circumstances:
(i) in which the Minister considers that Part 7 of the A New Tax System (Family Assistance) Act 1999 or Part 2.18 of the Social Security Act 1991 does not produce appropriate results; and
(ii) that occur in the financial year starting on 1 July 2008; or
(b) circumstances:
(i) in which the Minister considers that Division 14 of Part 2.13A of the Social Security Act 1991 does not produce appropriate results; and
(ii) that occur in the period starting on 1 July 2008 and ending on the day on which that Division ceases to have effect under section 665ZZE of that Act.
(3) Without limiting the generality of subitem (1), the scheme may deal with the following:
(a) the circumstances in which payments are to be made;
(b) the amount of the payments;
(c) what a person has to do to get a payment;
(d) debt recovery;
(e) administrative matters, such as determination of entitlement and how and when payments will be made.
(4) Without limiting the generality of subparagraph (2)(a)(i), circumstances in which the provisions referred to in that subparagraph do not produce appropriate results may include the circumstance of an FTB child (within the meaning of the A New Tax System (Family Assistance) Act 1999) aged 19 or 20 on 3 February 2009.
(5) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
Social Security Legislation Amendment (Employment Services Reform) Act 2009 (No. 7, 2009)
Schedule 1
56 Application of amendments
(1) The amendments made by this Schedule apply to failures, voluntary acts or misconduct committed after the Schedule commences.
(3) Subject to subitem (4), if, immediately before the commencement of this Schedule, a payment that would be a participation payment is not payable to a person under section 500ZE, 551, 629 or 745 of the Social Security Act 1991, section 42Q of the Social Security (Administration) Act 1999 (as inserted by item 1 of this Schedule) applies, after that commencement, as if the 8 week period referred to in section 500ZE, 551, 629 or 745 were a serious failure period.
(4) Section 42Q of the Social Security (Administration) Act 1999 (as inserted by item 1 of this Schedule) does not apply in relation to a person under subitem (3) if the person's participation payment is not payable to the person under paragraph 500ZE(1)(b) or (c), 551(1)(b) or (c), 629(1)(b) or (c) or 745(1)(b) or (c) of the Social Security Act 1991.
Schedule 2
208 Saving of activity agreements
(1) This item applies to an activity agreement of a kind referred to in column 1 of the table in subitem (2) that was in force immediately before the commencement of this item.
(2) The activity agreement has effect, after the commencement of this item, as if it were an employment pathway plan of the kind referred to in the corresponding table item in column 2 of the table.
|
Activity agreements in force immediately before commencement |
||
|
Item |
Column 1 |
Column 2 |
|
1 |
Parenting Payment Activity Agreement |
Parenting Payment Employment Pathway Plan |
|
2 |
Youth Allowance Activity Agreement |
Youth Allowance Employment Pathway Plan |
|
3 |
Newstart Activity Agreement |
Newstart Employment Pathway Plan |
|
4 |
Special Benefit Activity Agreement |
Special Benefit Employment Pathway Plan |
Schedule 4
12 Transitional
The amendment made by item 11 of this Schedule does not apply in relation to a notice given to a person under subsection 63(2) or 64(2) of the Social Security (Administration) Act 1999 before the commencement of this item.
Social Security Legislation Amendment (Improved Support for Carers) Act 2009 (No. 44, 2009)
Schedule 2
4 Transitional provision--deemed claim for carer allowance
Despite the repeal of paragraphs 198(2)(b) and (c) of the Social Security Act 1991 by this Act, subsection 15A(2) of the Social Security (Administration) Act 1999 applies to a person as if paragraph 15A(2)(a) included a reference to a person:
(a) who was qualified for a carer payment under either of the repealed paragraphs; and
(b) who:
(i) remains qualified for a carer payment because of subclause 141(1) of Schedule 1A to the Social Security Act 1991; or
(ii) becomes qualified for a carer payment because of subclause 140(3) of Schedule 1A to the Social Security Act 1991.
Family Assistance and Other Legislation Amendment (2008 Budget and Other Measures) Act 2009 (No. 48, 2009)
Schedule 2
2 Saving
Despite the repeal of paragraph 144(ka) of the Social Security (Administration) Act 1999 made by this Schedule, that paragraph, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to decisions made before that commencement.
Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009 (No. 60, 2009)
Schedule 4
104 Seniors concession allowance
Despite the repeal of the following provisions by this Schedule:
(a) Part 2.25B of the Social Security Act 1991;
(b) section 48B of the Social Security (Administration) Act 1999;
those provisions continue to apply in relation to the seniors concession allowance test day on 20 September 2009, as if those repeals had not happened.
Veterans' Affairs and Other Legislation Amendment (Pension Reform) Act 2009 (No. 81, 2009)
Schedule 4
210 Utilities allowance
(5) Despite the amendment made by item 146, paragraph (m) of the definition of category I welfare payment in section 123TC of the Social Security (Administration) Act 1999 (as in force immediately before the commencement of that item) continues to apply on and after that commencement in relation to payments of utilities allowance made before, on or after that commencement.
211 Telephone allowance
(4) Despite the amendment made by item 145, paragraph (k) of the definition of category I welfare payment in section 123TC of the Social Security (Administration) Act 1999 (as in force immediately before the commencement of that item) continues to apply on and after that commencement in relation to payments of telephone allowance made before, on or after that commencement.
215 Seniors concession allowance under the Social Security Act
(3) Despite the amendment made by item 101 of Schedule 4 to the Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009, paragraph (e) of the definition of relevant payment in section 123A of the Social Security (Administration) Act 1999 (as in force immediately before the commencement of that item) continues to apply on and after that commencement in relation to payments of seniors concession allowance made before, on or after that commencement.
Statute Law Revision Act 2010 (No. 8, 2010)
Schedule 5
138 References to which Part 2 does not apply
Part 2 does not apply to the following provisions of the following Acts:
(a) the heading to Part 2 of Schedule 5 to the Broadcasting Services Act 1992;
(b) clause 49 of Schedule 5 to the Broadcasting Services Act 1992;
(c) section 29 of the Interactive Gambling Act 2001.
Note: Headings to the following provisions are not altered by Part 2:
(a) clauses 5, 8 and 55 and subclause 60(8A) of Schedule 5 to the Broadcasting Services Act 1992;
(b) subsection 20(3) of the Interactive Gambling Act 2001;
(c) section 123WG and subsection 123WG(2) of the Social Security (Administration) Act 1999;
(d) section 59 of the Telstra Corporation Act 1991.
Families, Housing,
Community Services and Indigenous Affairs and Other Legislation Amendment
(Miscellaneous Measures) Act 2010
(No. 33, 2010)
Schedule 1
24 Application
(1) The amendments made by items 15 to 22 apply in relation to applications for review made on or after the commencement of those items.
(2) The amendment made by item 23 applies in relation to appointments made on or after the commencement of that item.
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010 (No. 38, 2010)
Schedule 2
9 Application--persons becoming subject to the income management regime again
(1) The amendment made by item 5 applies in relation to persons who:
(a) cease to be subject to the income management regime before, on or after the commencement of that item; and
(b) become subject to the income management regime again before, on or after that commencement.
(2) However, for a person who became subject to the income management regime again before that commencement, the time applicable for the purposes of paragraph 123WJA(1)(d) of the Social Security (Administration) Act 1999, as inserted by this Act, is taken to be the start of the day on which this item commences (instead of the time the person became subject to the income management regime again).
10 Application--payment of credit balances of income management accounts--person dies
The amendments made by items 6, 7 and 8 apply in relation to:
(a) deaths occurring on or after the commencement of those items; and
(b) deaths occurring before the commencement of those items if a determination had not been made under subsection 123WL(3) of the Social Security (Administration) Act 1999 before that commencement.
Schedule 3
16 Application
(1) The amendments made by items 1 to 4 and 6 to 9 apply in relation to applications for review made on or after the commencement of those items.
(2) The amendments made by items 5 and 10 apply in relation to decisions made on or after the commencement of those items.
(3) The amendment made by item 14 applies in relation to hearings that commence on or after the commencement of that item.
17 Saving--directions for constituting the SSAT
The amendments made by items 11, 12 and 13 do not affect the validity of a direction given under subclause 10(1) of Schedule 3 to the Social Security (Administration) Act 1999 before the commencement of those items.
157 Definitions
In this Part:
commencement day means the day this item commences.
Director means a Director of the SSAT.
Executive Director means the Executive Director of the SSAT.
Principal Member means the Principal Member of the SSAT.
Senior Member means a Senior Member of the SSAT.
SSAT means the Social Security Appeals Tribunal.
158 Existing members of the SSAT
Executive Director
(1) The person holding office as the Executive Director under clause 3 of Schedule 3 to the Social Security (Administration) Act 1999 immediately before the commencement day is taken, at the start of the commencement day, to have been duly appointed as the Principal Member by the Governor-General under that clause:
(a) for the balance of the person's term of appointment that remained immediately before the commencement day; and
(b) on the same terms and conditions as applied to the person immediately before the commencement day.
(2) This item does not prevent those terms and conditions being varied on or after the commencement day.
Directors
(3) A person holding office as a Director under clause 3 of Schedule 3 to the Social Security (Administration) Act 1999 immediately before the commencement day is taken, at the start of the commencement day, to have been duly appointed as a Senior Member by the Governor-General under that clause:
(a) for the balance of the person's term of appointment that remained immediately before the commencement day; and
(b) on the same terms and conditions as applied to the person immediately before the commencement day.
(4) This item does not prevent those terms and conditions being varied on or after the commencement day.
Assistant Directors
(5) If:
(a) before the commencement day, a person was appointed under clause 3 of Schedule 3 to the Social Security (Administration) Act 1999 as a member of the SSAT referred to in paragraph 1(c) of that Schedule; and
(b) the person was described in the instrument of appointment as an Assistant Director of the SSAT; and
(c) the appointment was in force immediately before the commencement day;
the person is taken, at the start of the commencement day, to have been duly appointed as an Assistant Senior Member by the Governor-General under that clause:
(d) for the balance of the person's term of appointment that remained immediately before the commencement day; and
(e) on the same terms and conditions as applied to the person immediately before the commencement day.
(6) This item does not prevent those terms and conditions being varied on or after the commencement day.
159 Operation of laws
Things done by Executive Director taken to be done by Principal Member
(1) If, before the commencement day, a thing was done by, or in relation to, the Executive Director, then, for the purposes of the operation of any law of the Commonwealth on and after the commencement day, the thing is taken to have been done by, or in relation to, the Principal Member.
Things done by Director taken to be done by Senior Member
(2) If, before the commencement day, a thing was done by, or in relation to, a person in the capacity as a Director, then, for the purposes of the operation of any law of the Commonwealth on and after the commencement day, the thing is taken to have been done by, or in relation to, the person in the capacity as a Senior Member.
Minister may provide otherwise
(3) The Minister may, by writing, determine that subitem (1) or (2) does not apply in relation to a specified thing.
Meaning of doing
(4) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.
Determinations are not legislative instruments
(5) A determination made under subitem (3) is not a legislative instrument.
160 References in instruments
References to Executive Director taken to be references to Principal Member
(1) If:
(a) an instrument is in force immediately before the commencement day; and
(b) the instrument contains a reference to the Executive Director;
the instrument has effect from the commencement day as if the reference were a reference to the Principal Member.
References to a Director taken to be references to Senior Member
(2) If:
(a) an instrument is in force immediately before the commencement day; and
(b) the instrument contains a reference to a Director;
the instrument has effect from the commencement day as if the reference were a reference to a Senior Member.
Minister may provide otherwise
(3) The Minister may, by writing, determine that subitem (1) or (2) does not apply in relation to a specified reference.
Determinations are not legislative instruments
(4) A determination under subitem (3) is not a legislative instrument.
161 Substitution of Principal Member or Senior Member as a party to pending proceedings
(1) If any proceedings to which the Executive Director was a party were pending in any court or tribunal immediately before the commencement day, the Principal Member is substituted for the Executive Director, from the commencement day, as a party to the proceedings.
(2) If any proceedings to which a person, in the capacity as a Director, was a party were pending in any court or tribunal immediately before the commencement day, the person, in the capacity as a Senior Member, is substituted for the Director, from the commencement day, as a party to the proceedings.
162 Reviews by SSAT
If:
(a) before the commencement day, a person who was the Executive Director or a Director was one of the members who constituted the SSAT for the purposes of the review of a decision; and
(b) the SSAT had not made its decision on the review before that day;
then, from the commencement day, that person is taken to be one of the members who constitute the SSAT for the purposes of the review in the capacity as the Principal Member or a Senior Member, as the case may be.
163 Regulations
(1) The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Part to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
(2) The regulations may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments made by Part 2 of this Schedule.
Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Act 2010 (No. 89, 2010)
Schedule 2
37 Transitional
(1) Immediately after the commencement of this item, there is to be credited to the Income Management Record an amount equal to the balance of the Income Management Special Account immediately before the commencement of this item.
(2) A notional account kept within the Income Management Special Account immediately before the commencement of this item is taken on and after that commencement to be kept within the Income Management Record.
(3) Rules in force immediately before the commencement of this item under section 123WN of the Social Security (Administration) Act 1999 in relation to the Income Management Special Account and to a person's income management account have effect on and after that commencement as if they were rules in force under that section in relation to the Income Management Record and to a person's income management account.
50 Application
The amendment made by item 49 applies in relation to credits occurring on or after the commencement of that item.
57 Application
(1) The amendment made by item 51 applies in relation to:
(a) the use of a voucher, or the use of a stored value card, on or after the commencement of that item (whether the voucher or stored value card was given before, on or after that commencement); and
(b) the use of a voucher, or the use of a stored value card, before that commencement, unless before that commencement an amount had been received by the Commonwealth under subsection 123ZG(2) or (3) of the Social Security (Administration) Act 1999 in relation to that use.
(2) Paragraph 123ZH(3)(a) of the Social Security (Administration) Act 1999, as inserted by item 52, applies in relation to:
(a) a notice given on or after the commencement of that item; and
(b) a notice given before that commencement, unless before that commencement an amount had been received by the Commonwealth in compliance with the notice.
(3) The amendment made by item 53 applies in relation to:
(a) an amount paid to a third person on or after the commencement of that item; and
(b) an amount paid to a third person before that commencement, unless before that commencement an amount had been received by the Commonwealth under subsection 123ZI(2) of the Social Security (Administration) Act 1999 in relation to that payment.
(4) Paragraph 123ZJ(4)(a) of the Social Security (Administration) Act 1999, as inserted by item 55, applies in relation to a relevant excess arising on or after the commencement of that item.
(5) Paragraph 123ZJ(4)(b) of the Social Security (Administration) Act 1999, as inserted by item 55, applies in relation to:
(a) a relevant excess arising on or after the commencement of that item; and
(b) a relevant excess arising before that commencement, unless before that commencement an amount had been received by the Commonwealth under subsection 123ZJ(5) of that Act in relation to that excess.
60 Application
The amendments made by items 58 and 59 apply in relation to payments that become payable on or after the commencement of those items.
63 Application
The amendment made by item 61 applies in relation to actions taken on or after the commencement of that item.
Social Security and Other Legislation Amendment
(Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010
(No. 93, 2010)
Schedule 1
4 Effect of repeal of sections of Acts by this Schedule
To avoid doubt:
(a) the repeal of sections of an Act by this Schedule does not have retrospective effect; and
(b) section 8 of the Acts Interpretation Act 1901 applies to the repeal (unaffected by any contrary intention).
Schedule 2
22 Definitions
In this Division:
Administration Act means the Social Security (Administration) Act 1999.
commencement time means the time when this Part commences.
transition period means the period of 12 months beginning at the commencement time.
23 Persons subject to the income management regime--relevant Northern Territory area
(1) This item applies in relation to a person if the person was subject to the income management regime under section 123UB of the Administration Act immediately before the commencement time.
(2) Despite the amendments and repeals made by items 1 to 7, 9 to 12 and 17, 19 and 20 of this Part and subject to subitems (3), (4), (5) and (6):
(a) a determination that was in force under subsection 123TE(1) of the Administration Act immediately before the commencement time continues in force after that time in relation to the person; and
(b) the person continues to be subject to the income management regime under section 123UB of the Administration Act after the commencement time; and
(c) Part 3B of the Administration Act applies in relation to the person after the commencement time;
as if those amendments and repeals had not happened.
(3) The Minister must not make a determination under subsection 123TE(1) of the Administration Act (as it continues to apply because of subitem (2)) unless the determination relates to a relevant Northern Territory area to which a determination that was in force under that subsection after the commencement time relates.
(4) Section 123UB of the Administration Act (continuing section 123UB) continues to apply in relation to the person as if paragraphs (1)(d), (f) and (g), (2)(f), (h) and (i) and (3)(a) of that section were omitted.
(5) The person ceases to be subject to the income management regime under continuing section 123UB if:
(a) the person ceases to meet the criteria set out in subsection (1), (2) or (3) of that section; or
(b) the Secretary determines, in writing, that the person should not continue to be subject to the income management regime under that section; or
(c) the person becomes subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFA of the Administration Act, as in force after the commencement time.
(6) If the person has not ceased to be subject to the income management regime under continuing section 123UB before the end of the transition period, the person ceases to be subject to the income management regime under that section at the end of that period.
(7) The Secretary must not determine, under paragraph (5)(b), that the person should not continue to be subject to the income management regime under continuing section 123UB unless the person's usual place of residence is within a declared income management area (as defined in Part 3B of the Administration Act as in force after the commencement time).
(8) Part 4 of the Administration Act (which deals with review of decisions) applies in relation to a decision made under paragraph (5)(b) as if it were a decision under the social security law.
(9) Subsections 234(1), (2) and (7) of the Administration Act (which deal with delegation) apply in relation to the power of the Secretary under paragraph (5)(b) as if it were a power of the Secretary under the social security law.
24 Application of other laws
(1) This item applies in relation to a person who is subject to the income management regime under section 123UB of the Administration Act (continuing section 123UB) as that section applies in relation to the person because of item 23 of this Part.
(2) A reference in the Administration Act or any other law of the Commonwealth to Part 3B of the Administration Act has effect in relation to the person as if it were a reference to Part 3B of the Administration Act as that Part applies in relation to the person because of item 23 of this Part.
(3) A reference in the Administration Act or any other law of the Commonwealth to section 123UB of the Administration Act has effect in relation to the person as if it were a reference to continuing section 123UB of that Act.
51 Application of items 47 to 50
The amendments made by items 47 to 50 of this Part apply in relation to a voluntary income management agreement that is entered into after the commencement of this Part.
53 Application of item 52
The amendment made by item 52 of this Part applies in relation to a person if a voluntary income management agreement relating to the person is terminated under section 123UO of the Social Security (Administration) Act 1999 after the commencement of this Part (whether the agreement was entered into before or after that commencement).
Social Security Legislation Amendment (Connecting People with Jobs) Act 2010 (No. 130, 2010)
Schedule 1
5 Application
The amendments made by items 2 and 3 apply in relation to persons who become unemployed on or after the day on which the first instrument made for the purposes of paragraph 42S(3B)(b) of the Social Security (Administration) Act 1999 takes effect.
Note: Section 12 of the Legislative Instruments Act 2003 deals with when a legislative instrument takes effect.
Acts Interpretation Amendment Act 2011 (No. 46, 2011)
Schedule 3
10 Saving--appointments
The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.
11 Transitional regulations
The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.
Social Security Legislation Amendment (Job Seeker Compliance) Act 2011 (No. 48, 2011)
Schedule 1
20 Application
(1) The amendments made by items 2 and 8 apply in relation to determinations made on or after the commencement of those items.
(2) The amendment made by item 4 applies in relation to notifications made on or after the commencement of that item.
(3) A requirement imposed under section 42G of the Social Security (Administration) Act 1999 before the commencement of this item has effect, on and after that commencement, as if it had been imposed under section 42G of that Act as amended by this Act.
(4) Paragraphs 42G(b), (c) and (d) of the Social Security (Administration) Act 1999, as amended by this Act, apply in relation to failures that are first committed on or after the commencement of this item (whether the requirements arose before, on or after that commencement).
(5) The amendments made by items 9, 14, 15 and 19 apply in relation to failures that are first committed on or after the commencement of those items (whether the requirements arose before, on or after that commencement).
(6) The amendments made by items 12 and 13 apply in relation to requirements imposed under section 42G or 42J of the Social Security (Administration) Act 1999 on or after the commencement of those items.
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 (No. 50, 2011)
Schedule 5
61 Application
The amendment made by item 60 applies in relation to:
(a) an amount paid by cheque at or after the commencement of that item; and
(b) an amount paid by cheque before that commencement, unless before that commencement an amount had been received by the Commonwealth under subsection 123ZF(2) of the Social Security (Administration) Act 1999 in relation to that payment.
Family Assistance and Other Legislation Amendment (Child Care and Other Measures) Act 2011 (No. 79, 2011)
Schedule 4
11 Transitional--guidelines for exercise of Secretary's disclosure powers
(1) Guidelines in force under section 209 of the Social Security (Administration) Act 1999 immediately before the commencement of this item continue in effect, after that commencement, as if they had been made under that section, as in force after that commencement.
(2) Subitem (1) does not prevent the variation or revocation of the guidelines after that commencement.
Social Security and Other Legislation Amendment (Miscellaneous Measures) Act 2011 (No. 91, 2011)
Schedule 1
3 Application provision
Section 66A of the Social Security (Administration) Act 1999, as inserted by this Schedule, applies in relation to an event or change of circumstances that occurs on or after 20 March 2000.
Schedule 3
1 Decisions made by computer programs
(1) This item applies to a decision made under the social security law if:
(a) the decision was made on or after 12 June 2001 but before the commencement of this item; and
(b) the decision was made by the operation of a computer program.
(2) The Secretary is taken to have arranged for the use of the computer program under subsection 6A(1) of the Administration Act for any purpose in relation to the decision.
(3) The use of the computer program is taken to have been under the Secretary's control for the purposes of subsection 6A(1) of the Administration Act.
(4) In this item:
Administration Act means the Social Security (Administration) Act 1999.
Secretary means the Secretary who is taken to have made the decision under subsection 6A(2) of the Administration Act.
social security law has the same meaning as in the Administration Act.
Clean Energy (Household
Assistance Amendments) Act 2011
(No. 141,
2011)
Schedule 6
8 Application--claims from 1 July 2012
The amendments to the Social Security Act 1991 and the Social Security (Administration) Act 1999 made by Part 1 of this Schedule apply in relation to claims for low income supplement made on or after 1 July 2012.
Schedule 7
35 Application
The amendments made by this Schedule apply in relation to the 2012-13 and later income years.
36 Transitional
(1) A person may make a claim for an essential medical equipment payment under the Social Security Act 1991 or the Veterans' Entitlements Act 1986 for the 2012-13 income year on or after 18 June 2012.
Note: A claim for an essential medical equipment payment for the 2012-13 income year must be made before 1 July 2013 (see paragraph 917B(3)(a) of the Social Security Act 1991 and paragraph 63B(3)(a) of the Veterans' Entitlements Act 1986).
(2) For the purposes of the Social Security Act 1991, the Social Security (Administration) Act 1999 and the Veterans' Entitlements Act 1986, a person who makes a claim for the 2012-13 income year before 1 July 2012 is taken to have made the claim on 1 July 2012.