Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
  

Previous Fragment    Next Fragment
Friday, 27 June 1997
Page: 6565

Bill returned from the Senate with amendments.

Ordered that the amendments be taken into consideration forthwith.

Senate's amendments

(1)   Clause 3, page 2 (after line 5), before the definition of hostel resident , insert:

CEO means the Chief Executive Officer of the Services Delivery Agency.

employee , in relation to the Services Delivery Agency, has the same meaning as in the Commonwealth Services Delivery Agency Act 1997 .

(2)   Clause 3, page 3 (after line 7), after the definition of service pension , insert:

Services Delivery Agency means the Commonwealth Services Delivery Agency established by the Commonwealth Services Delivery Agency Act 1997 .

(3)   Clause 9, page 5 (line 30), after "resident", insert ", or a person acting for or on behalf of the resident,".

(4)   Clause 10, page 8 (line 4), after "person", insert ", or a person acting for or on behalf of that person,".

(5)   Clause 11, page 8 (line 7), after "section 5", insert ", or a person acting for or on behalf of that person,".

(6)   Clause 11, page 8 (line 17), omit "person's".

(7)   Clause 11, page 8 (after line 20), after subclause (4), insert:

(4A)   If the Secretary needs further information to reconsider a determination, the Secretary may give the applicant a notice requesting the applicant to give further information within 28 days after receiving the notice.

(4B)   The application is taken to be withdrawn if the applicant does not give the further information within the 28 days.

(4C)   The notice must contain a statement setting out the effect of subsection (4B).

(8)   Clause 11, page 8 (after line 26), after subclause (5), insert:

(5A)   The Secretary's decision to confirm, vary or set aside the determination must be made:

   (a)   within 90 days after receiving the request; or

   (b)   if the Secretary has requested further information under subsection (4A)—within 90 days after receiving the information.

(9)   Clause 11, page 9 (lines 3 to 6), omit subclause (7), substitute:

(7)   The Secretary must give written notice of the Secretary's decision to the person, or a person acting for or on behalf of that person, within 5 business days after making the decision. The notice must include reasons for the decision.

(10)   Clause 11, page 9 (after line 8), at the end of the clause, add:

(8)   In subsection (7):

business day means a day that is not a Saturday, Sunday or public holiday in the place concerned.

(11)   Clause 17, page 13 (line 7), after "Social Security", insert ", the CEO".

(12)   Clause 17, page 13 (line 9), after "Secretary", insert "or the CEO".

(13)   Clause 20, page 14 (lines 23 to 26), omit subclause (4), substitute:

(4)   If the Secretary delegates a power mentioned in paragraph (3)(a) to the Secretary to the Department of Social Security, the Secretary to the Department of Social Security may, by writing, sub-delegate the power to any or all of the following:

   (a)   an officer of that Department;

   (b)   subject to subsection (4A), the CEO;

   (c)   subject to subsection (4A), an employee of the Services Delivery Agency.

(4A)   A sub-delegation under paragraph (4)(b) or (c) must not be made before 1 July 1997.

(14)   Page 15 (after line 15), after clause 22, insert:

22A Act ceases operation on 1 January 1998

   This Act ceases to be in force on 1 January 1998, unless it is sooner repealed.

Motion (by Mrs Moylan) agreed to:

That the amendments be agreed to.