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Thursday, 12 December 2002
Page: 10481

Message received from the Senate returning the bill and acquainting the House that the Senate has considered message No. 206 of the House relating to the bill and does not insist on its division of the bill. The Senate has made amendments to the bill, as indicated by the annexed schedule, and requests the concurrence of the House in the amendments made by the Senate. The Speaker stated that a number of the amendments contained in the Senate schedule should have been addressed to the House in the form of requests for amendments. The message also includes the text of a resolution agreed to by the Senate. This inclusion of other matters in the formal legislative process on a bill is not necessary for the enactment of the measure.

Ordered that the message be considered forthwith.

Senate's amendments—

(1) Clause 2, page 2 (table), omit the table, substitute:

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

2. Schedule 1

1 July 2003

3. Schedule 2

20 September 2002

4. Schedule 3

The 28th day after the day on which this Act receives the Royal Assent

5. Schedules 4 and 5

1 July 2003

6. Schedule 6

28 April 2003

7. Schedule 7

The day on which this Act receives the Royal Assent

(2) Page 2 (after line 11), after clause 3, insert:

4 Evaluation

(1) The Minister must conduct an evaluation of the measures contained in Schedules 1 and 5 of this Act.

(2) Without limiting the generality of subsection (1), the evaluation must include the following:

(a) the numbers of parenting payment (single) recipients and parenting payment (partnered) recipients required to enter into participation agreements and the number of such recipients granted an exemption;

(b) details of expenditure on ancillary assistance provided to those affected by the measures such as expenditure on job network and training;

(c) employment outcomes of parenting payment (single) recipients, parenting payment (partnered) recipients and Newstart mature age recipients targeted by the measures compared to the employment outcomes of these groups prior to the implementation of the measures;

(d) details of average earnings of the target population affected by the measures compared to earnings of the target population prior to the implementation of the measures;

(e) details of compliance with the activity agreements for parenting payment (single) recipients, parenting payment (partnered) recipients and newstart mature age recipients, including the numbers for each group in situations where a breach penalty was applied, and the reasons for applying a breach penalty;

(f) details of total savings resulting from breach penalties applied to parenting payment (single) recipients, parenting payment (partnered) recipients and newstart mature age recipients required to enter into activity agreements;

(g) an assessment of the impact of the measures in Schedule 1 on children of parenting payment recipients;

(h) a cost benefit analysis of the new participation measures applying to parenting payment (single) recipients, parenting payment (partnered) recipients and newstart mature age recipients.

(3) The evaluation must be completed and tabled in each House of the Parliament by 30 June 2005.

(3) Schedule 1, page 3 (before line 4), before Part 1, insert:

Part 1AAmendment of the A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) Act 1999

1A Subsection 3(1) (definition of receiving)

Repeal the definition, substitute:

receiving:

(a) in relation to a social security payment—has the same meaning as in subsections 23(2) and (4) of the Social Security Act 1991; and

(b) for the purpose of construing references to a person receiving a social security pension or a social security benefit in clauses 1 and 17 of Schedule 1, and in clause 7 of Schedule 2, to this Act—is taken to include the meaning provided in subsection 23(4A) of the Social Security Act 1991 as if those clauses were specified in provisions of that Act referred to in subsection 23(4AA) of that Act; and

(c) for the purpose of construing references to a person receiving a social security pension or social security benefit in clauses 1 and 17 of Schedule 1, and in clause 7 of Schedule 2, to this Act where those references relate to a person:

(i) to whom parenting payment would be payable if not for a determination that a participation agreement breach non-payment period applies in relation to the person; or

(ii) to whom parenting payment would be payable if not for a determination that a participation agreement breach rate reduction period applies in relation to the person;

has effect as if that determination had not been made.

(4) Schedule 1, item 11, page 5 (line 20), omit “2 years”, substitute “12 months”.

(5) Schedule 1, item 11, page 7 (lines 13 to 15), omit subsection (3), substitute:

(3) Subject to subsection (4), the participation agreement breach non-payment period starts on the 14th day after the day on which the notice is given to the person.

(6) Schedule 1, item 12, page 9 (line 19), omit “appropriate”, substitute “inappropriate”.

(7) Schedule 1, item 12, page 9 (lines 23 to 33), omit subsection (4), substitute:

(4) In having regard to a person's capacity to comply with the terms of a participation agreement and the person's needs, the Secretary is to take into account, but is not limited to, the following matters:

(a) the person's education, experience, skills, age, disability, illness, mental and physical condition; and

(b) the state of the local labour market and the transport options available to the person in accessing that market; and

(c) the participation opportunities available to the person; and

(d) the family and caring responsibilities of the person (including those arising from any significant adverse effect on a PP child of a person that would result from the person's compliance with the terms of the agreement); and

(e) current court proceedings in the Family Court or criminal courts or current child welfare concerns, such as drugs or school truanting; and

(f) the length of travel time required for compliance with the agreement; and

(g) the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance; and

(h) any other matters that the Secretary or the person considers relevant in the circumstances.

(8) Schedule 1, item 12, page 10 (lines 6 to 10), omit paragraphs (a) and (b), substitute:

(a) is satisfied that the terms of the agreement were intended to assist the person over time in gaining employment or undertaking study or training; and

(b) has made reasonable attempts to contact the person in relation to the requirement to comply with the terms of the agreement (and has documented each attempt to contact); and

(c) if contact was able to be made, has had regard to the reasons, if any, provided by the person for not complying with the terms of the agreement; and

(d) has confirmed the adequacy of the support that the Secretary agreed to provide under the agreement.

(9) Schedule 1, item 12, page 10 (line 18), after “subsection (2)”, insert “or (2A)”.

(10) Schedule 1, item 12, page 10 (after line 34), after subsection (2), insert:

Exempt persons—periodic exemptions

(2A) For the purposes of subsection (1), a person is an exempt person for a particular period determined by the Secretary under this subsection if:

(a) the person has one or more PP children:

(i) who suffer from a physical, intellectual or psychiatric disability; and

(ii) whose care needs are such that the person could not be reasonably expected at that time to comply with the terms of a participation agreement; or

(b) a critical event occurs that was not within the person's control (eg. family or personal crisis, the Secretary is satisfied the person has separated from his or her partner on a permanent or indefinite basis in the past 26 weeks, person's house burning down, evidence of domestic violence, serious illness of PP children) and, as a result, the person is temporarily unable to comply with the terms of a participation agreement.

(2B) At any one time the maximum period for which the Secretary may determine that a person is an exempt person under subsection (2A) is:

(a) if paragraph (2A)(a) applies to the person—12 months;

(b) if paragraph (2A)(b) applies to the person—26 weeks.

(2C) The Secretary may make more than one determination under subsection (2A) in respect of a person.

(11) Schedule 1, item 12, page 11 (line 29) to page 12 (line 2), omit subsection (1), substitute:

(1) A participation agreement is a written agreement between the Secretary and another person, in a form approved by the Secretary, under which the person agrees to undertake, during each period of 26 weeks that the agreement is in force, approved activities anticipated to take 150 hours or such lesser number of hours as are agreed between them. Participation agreements will set out the support that the Secretary undertakes to provide to assist the person to meet his or her participation requirements in the negotiated agreement.

(12) Schedule 1, item 12, page 12 (line 17), after “program”, insert “as defined in section 23 of the Social Security Act 1991”.

(13) Schedule 1, item 12, page 12 (lines 19 to 21), omit paragraph (k), substitute:

(k) another activity that the Secretary regards as suitable for the person, including voluntary work, and that is agreed to between the person and the Secretary.

(14) Schedule 1, item 12, page 12 (line 28) to page 13 (line 4), omit subsection (4), substitute:

(4) In having regard to a person's capacity to comply with the terms of a participation agreement and to the person's needs, the Secretary is to take into account, but is not limited to, the following matters:

(a) the person's education, experience, skills, age, disability, illness, mental and physical condition; and

(b) the state of the local labour market and the transport options available to the person in accessing that market; and

(c) the participation opportunities available to the person; and

(d) the family and caring responsibilities of the person (including those arising from any significant adverse effect on a PP child of a person that would result from the person's compliance with the terms of the agreement); and

(e) current court proceedings in the Family Court or criminal courts or current child welfare concerns, such as drugs or school truanting; and

(f) the length of travel time required for compliance with the agreement; and

(g) the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance; and

(h) any other matters that the Secretary or the person considers relevant in the circumstances.

(15) Schedule 1, item 12, page 13 (line 7), after “varied”, insert “(in negotiation with the person)”.

(16) Schedule 1, item 12, page 13 (after line 13), after subsection (5), insert:

Cooling-off period

(5A) Within 14 days of the terms of the participation agreement being approved, those terms may be varied by the person with the approval of the Secretary.

Requirement to notify

(5B) The Secretary must advise the person of the effect of subsection (5A).

Avoidance of doubt

(5C) To avoid doubt, subsection (5A) does not prevent the person at any time from requesting a review of an agreement under paragraph (5)(c).

(17) Schedule 1, item 12, page 14 (line 23), after “agree to”, insert “the reasonable”.

(18) Schedule 1, item 14, page 16 (line 13), omit “26 weeks”, substitute “8 weeks”.

(19) Schedule 1, item 13, page 17 (after line 25), after subsection (1), insert:

Notice to contain reasons

(1A) A notice under subsection (1) must contain reasons why the participation agreement breach rate reduction period applies to the person.

(20) Schedule 1, item 13, page 17 (lines 27 to 29), omit subsection (2), substitute:

(2) Subject to subsection (3), the participation agreement breach rate reduction period starts on the 14th day after the day on which the notice is given to the person.

(21) Schedule 1, item 14, page 18 (line 31), omit “2 year”, substitute “12 month”.

(22) Schedule 1, item 14, page 19 (line 1), method statement, omit “0.18”, substitute “0.20”.

(23) Schedule 1, item 14, page 19 (line 3), omit “2 year”, substitute “12 month”.

(24) Schedule 1, item 14, page 19 (line 4), method statement, omit “0.24”, substitute “0.25”.

(25) Schedule 1, item 14, page 19 (line 10), omit “2 year”, substitute “12 month”.

(26) Schedule 1, item 14, page 19 (line 12), omit “2 year”, substitute “12 month”.

(27) Schedule 1, item 14, page 19 (line 12), omit “2 years”, substitute “12 months”.

(28) Schedule 1, page 20 (after line 10), after item 20, insert:

20A At the end of section 544

Add:

Secretary must contact person before determining failure to comply with terms

(3) The Secretary must not determine that a person has failed to take reasonable steps to comply with the terms of a youth allowance activity agreement unless the Secretary:

(a) is satisfied that the terms of the agreement were intended to assist the person over time in gaining employment or undertaking study or training; and

(b) has made reasonable attempts to contact the person in relation to the requirement to comply with the terms of the agreement (and has documented each attempt to contact); and

(c) if contact was able to be made, has had regard to the reasons, if any, provided by the person for not complying with the terms of the agreement; and

(d) has confirmed the adequacy of the support that the Secretary agreed to provide under the agreement.

(29) Schedule 1, page 20 (after line 13), after item 21, insert:

21A Subsection 544B(4)

Repeal the subsection, substitute:

(4) In having regard to a person's capacity to comply with an agreement, the Secretary is to take into account, but is not limited to the following matters:

(a) the person's education, experience, skills, age, disability, illness, mental and physical condition; and

(b) the state of the local labour market and the transport options available to the person in accessing that market; and

(c) the participation opportunities available to the person; and

(d) the family and caring responsibilities of the person; and

(e) the length of travel time required for compliance with the agreement, by reference to what constitutes unreasonably difficult commuting for the purposes of paragraph 541D(1)(g); and

(f) the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance; and

(g) any other matters that the Secretary or the person considers relevant in the circumstances.

(30) Schedule 1, page 20 (after line 13), after item 21, insert:

21B Paragraph 544B(5)(a)

After “varied”, insert “(in negotiation with the person)”.

(31) Schedule 1, page 20 (after line 13), after item 21, insert:

21C After subsection 544B(5)

Insert:

Cooling-off period

(5A) Within 14 days of the terms of the agreement being approved, those terms may be varied by the person with the approval of the Secretary.

Requirement to notify

(5B) The Secretary must advise the person in writing of the effect of subsection (5A).

Avoidance of doubt

(5C) To avoid doubt, subsection (5A) does not prevent the person at any time from requesting a review of an agreement under paragraph (5)(c).

(32) Schedule 1, page 20 (after line 25), after item 24, insert:

24A Subparagraph 544C(1)(b)(iii)

After “agree to”, insert “the reasonable”.

(33) Schedule 1, page 20 (after line 25), after item 24, insert:

24B Paragraph 550(2)(b)

Omit “2 years”, substitute “12 months”.

(34) Schedule 1, page 20 (after line 25), after item 24, insert:

24C Subsection 550C(2)

Repeal the subsection, substitute:

General rule

(2) Subject to subsection (3) and to sections 550D and 550E, the activity test non-payment period starts on the 14th day after the day on which the notice is given to the person.

(35) Schedule 1, page 20 (after line 25), after item 24, insert:

24D After paragraph 553B(3)(d)

Insert:

(da) satisfies the Secretary that the cost of housing accommodation has been a significant factor in causing the person to move; or

(36) Schedule 1, page 20 (after line 30), after item 26, insert:

26A Subsection 557B(2)

Repeal the subsection, substitute:

General rule

(2) Subject to subsection (3) and to section 557C, the activity test breach rate reduction period starts on the 14th day after the day on which the notice is given to the person.

26B Subsection 558B(2)

Repeal the subsection, substitute:

General rule

(2) Subject to subsection (3), the administrative breach rate reduction period starts on the 14th day after the day on which the notice is given to the person.

(37) Schedule 1, page 20 (after line 30), after item 26, insert:

26C At the end of section 557

Add:

(2) If:

(a) a youth allowance becomes not payable to a person because of:

(i) a failure to enter into a Youth Allowance Activity Agreement; or

(ii) an unreasonable delay in entering into a Youth Allowance Activity Agreement; or

(iii) a failure to take reasonable steps to comply with the terms of a Youth Allowance Activity Agreement; and

(b) the Secretary is satisfied that, not more than 8 weeks after the start of the activity test rate reduction period applicable to the person by reason of the breach referred to in paragraph (a), the person:

(i) has entered into such a Youth Allowance Activity Agreement; or

(ii) is no longer unreasonably delaying entry into such a Youth Allowance Activity Agreement; or

(iii) is taking reasonable steps to comply, or to resume compliance, with the terms of a Youth Allowance Activity Agreement that is in force in respect of the person or, if there is no Youth Allowance Activity Agreement in force in respect of the person, with the terms of the Youth Allowance Activity Agreement that was in force in respect of the person immediately before the commencement of the rate reduction period, as the case requires;

this Act has effect, for the purpose only of determining the rate of youth allowance during the balance of the rate reduction period, as if the rate reduction period had never applied.

(3) A determination that a person has commenced to take reasonable steps as referred to in subparagraph (2)(b)(iii) may be expressed to have effect from the day on which those reasonable steps are taken, whether or not the determination is made on that day or a later day.

(38) Schedule 1, page 20 (after line 30), after item 26, insert:

26D Subsection 557E(1) (paragraphs (a) and (b) of step 2 of the method statement)

Omit “2 year” (wherever occurring), substitute “12 month”.

(39) Schedule 1, page 20 (after line 30), after item 26, insert:

26E Subsection 557E(1) (paragraph (a) of step 2 of the method statement)

Omit “0.18”, substitute “0.24”.

(40) Schedule 1, page 20 (after line 30), after item 26, insert:

26F Subsection 557E(1) (paragraph (b) of step 2 of the method statement)

Omit “0.24”, substitute “0.25”.

(41) Schedule 1, page 20 (after line 30), after item 26, insert:

26G Subsection 557E(2)

Repeal the subsection, substitute:

Meaning of 12 month period

(2) In this section:

12 month period means the 12 months immediately before the day after the activity test breach.

(42) Schedule 1, page 20 (after line 30), after item 26, insert:

26H At the end of section 558

Add:

(2) If:

(a) a youth allowance becomes not payable to a person because of a failure to comply with a requirement to attend at a particular place for a particular purpose in accordance with a notice issued under paragraph 63(3)(c); and

(b) not more than 8 weeks after the start of the administrative breach rate reduction period applicable to the person by reason of the breach referred to in paragraph (a):

(i) the person attends that place for that purpose; or

(ii) the person complies with an alternative requirement that the Secretary notifies to the person (whether orally or in writing);

this Act has effect, for the purpose only of determining the rate of youth allowance during the balance of the rate reduction period, as if the rate reduction period had never applied.

(43) Schedule 1, page 20 (after line 30), after item 26, insert:

26J Subsection 558A(1)

Omit “13 weeks”, substitute “8 weeks”.

(44) Schedule 1, page 20 (after line 30), after item 26, insert:

26K Section 558G (step 2 of the method statement)

Omit “0.16”, substitute “0.08”.

(45) Schedule 1, page 20 (after line 30), after item 26, insert:

26L Paragraph 576(2)(b) and note

Repeal the paragraph and the note, substitute:

(b) the latest breach is the third or subsequent activity test breach in the 12 months immediately before the day after the latest breach.

Note: If the latest breach is the first or second activity test breach in the 12 months before the latest breach, an activity test rate reduction period applies to the person (see Subdivision B of Division 5).

(46) Schedule 1, page 20 (after line 30), after item 26, insert:

26M Subsection 576B(1)

Omit “8 weeks”, substitute “1 week”.

(47) Schedule 1, page 20 (after line 30), after item 26, insert:

26N Subsection 576C(2)

Omit “starts on the day”, substitute “starts on the 14th day after the day”.

(48) Schedule 1, page 20 (after line 30), after item 26, insert:

26P Paragraph 582(b) and note

Omit “2 years” (wherever occurring), substitute “12 months”.

(49) Schedule 1, page 20 (after line 30), after item 26, insert:

26Q Subsection 582A(1)

Omit “26 weeks”, substitute “8 weeks”.

(50) Schedule 1, page 20 (after line 30), after item 26, insert:

26R Subsection 582B(2)

Omit “on the day”, substitute “on the 14th day after the day”.

(51) Schedule 1, page 20 (after line 30), after item 26, insert:

26S Subsection 582D(1) (step 2 of the method statement)

Repeal the step, substitute:

Step 2. Work out the rate reduction amount as follows:

(a) if the activity test breach is the person's first breach in the 12 month period:

Maximum payment rate x 0.10

(b) if the activity test breach is the person's second breach in the 12 month period:

Maximum payment rate x 0.15

(52) Schedule 1, page 20 (after line 30), after item 26, insert:

26T Subsection 582D(2)

Omit “2 year period means the 2 years”, substitute “12 month period means the 12 months”.

(53) Schedule 1, page 20 (after line 30), after item 26, insert:

26U Subsection 583A(1)

Omit “13 weeks”, substitute “4 weeks”.

(54) Schedule 1, page 20 (after line 30), after item 26, insert:

26V Subsection 583B(2)

Omit “on the day”, substitute “on the 14th day after the day”.

(55) Schedule 1, page 20 (after line 30), after item 26, insert:

26W Section 583G (step 2 of the method statement)

Omit “0.16”, substitute “0.08”.

(56) Schedule 1, page 20 (after line 30), after item 26, insert:

26X After subsection 593(2A)

Insert:

(2B) The Secretary must not determine that a person has failed to take reasonable steps to comply with the terms of a Newstart Activity Agreement unless the Secretary:

(a) is satisfied that the terms of the agreement were intended to assist the person over time in gaining employment or undertaking study or training; and

(b) has made reasonable attempts to contact the person in relation to the requirement to comply with the terms of the agreement (and has documented each attempt to contact); and

(c) if contact was able to be made, has had regard to the reasons, if any, provided by the person for not complying with the terms of the agreement; and

(d) has confirmed the adequacy of the support that the Secretary agreed to provide under the agreement.

(57) Schedule 1, page 21 (after line 11), after item 30, insert:

30A Paragraphs 624(1A)(a) and (b)

Omit “2 years” (wherever occurring), substitute “12 months”.

(58) Schedule 1, page 21 (after line 11), after item 30, insert:

30B Paragraphs 625(1A)(a) and (b)

Omit “2 years” (wherever occurring), substitute “12 months”.

(59) Schedule 1, page 21 (after line 11), after item 30, insert:

30C Subsection 630B(2)

Repeal the subsection, substitute:

(2) Subject to subsections (3) and (6) and to sections 630BA and 630BB, the activity test non-payment period starts on the 14th day after the day on which the notice is given to the person.

(60) Schedule 1, page 21 (after line 25), after item 33, insert:

33A After paragraph 634(3)(c)

Insert:

(ca) satisfies the Secretary that the cost of housing accommodation has been a significant factor in causing the person to move;

(61) Schedule 1, page 21 (after line 28), after item 34, insert:

34A Section 644AA

Omit “26 weeks”, substitute “8 weeks”.

(62) Schedule 1, page 21 (after line 28), after item 34, insert:

34B Subsection 644AB(2)

Repeal the subsection, substitute:

(2) Subject to section 644AC, the activity test breach rate reduction period starts on the 14th day after the day on which the notice is given to the person.

34C Subsection 644C(2)

Repeal the subsection, substitute:

(2) Subject to subsections (3) and (6), the administrative breach rate reduction period starts on the 14th day after the day on which the notice is given to the person.

(63) Schedule 1, page 21 (after line 28), after item 34, insert:

34D Paragraph 644AE(2)(a)

Omit “0.18”, substitute “0.20”.

(64) Schedule 1, page 21 (after line 28), after item 34, insert:

34E Paragraph 644AE(2)(b)

Omit “0.24”, substitute “0.25”.

(65) Schedule 1, page 21 (after line 28), after item 34, insert:

34F Section 644B

Omit “13 weeks”, substitute “8 weeks”.

(66) Schedule 2, page 28 (before line 4), before Part 1, insert:

Part 1AAmendment of the A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) Act 1999

1A Paragraph 7(j) of Schedule 3

After “rent assistance”, insert “, language, literacy and numeracy supplement”.

(67) Schedule 2, item 5, page 33 (table item 2, 3rd column), paragraph (d), omit “incentive allowance”, substitute “incentive allowance; and”.

(68) Schedule 2, item 5, page 33 (table item 3, 3rd column), paragraph (c), omit “pharmaceutical allowance”, substitute “pharmaceutical allowance; and”.

(69) Schedule 5, page 45 (after line 29), after item 11, insert:

11A After subsection 606(1)

Insert:

(1A) If the person is at least 50 years of age but less than 60 years of age, the particular number of job vacancies shall not exceed 24 per 12 weeks in the period specified in the notice.

(1AB) If the person is at least 60 years of age, the particular number of job vacancies shall not exceed 12 per 12 weeks in the period specified in the notice.

(1AC) Subsection (1A) does not apply unless the person has been receiving an income support payment for a continuous period of at least 9 months and the person satisfies the Secretary that the person has no recent workforce experience.

(70) Schedule 5, page 45 (after line 29), after item 11, insert:

11B Subsection 606(4)

Repeal the subsection, substitute:

(4) In having regard to a person's capacity to comply with an agreement, the Secretary is to take into account, but is not limited to, the following matters:

(a) the person's education, experience, skills, age, disability, illness, mental and physical condition; and

(b) the state of the local labour market and the transport options available to the person in accessing that market; and

(c) the participation opportunities available to the person; and

(d) the family and caring responsibilities of the person; and

(e) the length of travel time required for compliance with the agreement, by reference to what constitutes unreasonably difficult commuting for the purposes of paragraph 601(2A)(g); and

(f) the financial costs of compliance with the agreement, such as travel costs, and the capacity to pay for such compliance; and

(g) any other matters that the Secretary or the person considers relevant in the circumstances.

(71) Schedule 5, page 45 (after line 29), after item 11, insert:

11C Paragraph 606(5)(a)

After “varied”, insert “(in negotiation with the person)”.

(72) Schedule 5, page 45 (after line 29), after item 11, insert:

11D After subsection 606(5)

Insert:

(5A) Within 14 days of the terms of the agreement being approved, those terms may be varied by the person with the approval of the Secretary.

(5B) The Secretary must advise the person in writing of the effect of subsection (5A).

(5C) To avoid doubt, subsection (5A) does not prevent the person at any time from requesting a review of an agreement under paragraph (5)(c).

(73) Schedule 5, page 45 (after line 29), after item 11, insert:

11E Subparagraph 607(1)(iii)

After “agree to”, insert “the reasonable”.

(74) Schedule 5, item 13, page 47 (lines 8 and 9), omit paragraph (b).

(75) Opp (28) [Sheet 2688]

Schedule 5, item 13, page 47 (line 10), omit “26 weeks”, substitute “8 weeks”.

(76) Schedule 5, item 14, page 48 (lines 5 and 6), omit paragraph (b).

(77) Schedule 5, item 14, page 48 (line 7), omit “13 weeks”, substitute “8 weeks”.

(78) Schedule 6, item 7, page 53 (lines 1 and 2), omit paragraph (g), substitute:

(g) the person:

(i) in the case of a woman who would, but for this subsection, cease to be receiving wife pension because of the employment income, or the combined income, referred to in subparagraph (e)(ii)—continues, but for that employment income or combined income, to be qualified for wife pension on and from the cessation day; and

(ii) in any other case—continues to be qualified for the pension or benefit on and from the cessation day;

(79) Schedule 6, page 55 (after line 20), after item 8, insert:

8A Subsection 1061ZB(1)

Omit all the words after paragraph (c), substitute:

the person is qualified for a pensioner concession card:

(d) if the person is qualified for such a card under section 1061ZEA until a particular day—for the period of 26 weeks after that day; and

(e) in any other case—for the period of 26 weeks after the commencement or increase, as the case may be.

(80) Schedule 6, item 9, page 55 (lines 32 to 36), omit paragraph (c) and all the words following that paragraph, substitute:

(c) the balance is subsequently reduced to nil because of the commencement or increase; and

(d) the person is not qualified for a pensioner concession card under section 1061ZEA;

paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.

(81) Schedule 6, item 9, page 56 (lines 14 to 18), omit paragraph (c) and all the words following that paragraph, substitute:

(c) the balance is subsequently reduced to nil because of the commencement or increase; and

(d) the person is not qualified for a pensioner concession card under section 1061ZEA;

paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.

(82) Schedule 6, page 56 (after line 24), after item 11, insert:

11A Subsection 1061ZC(1)

Omit all the words after paragraph (c), substitute:

the person is qualified for a pensioner concession card:

(d) if the person is qualified for a pensioner concession card under section 1061ZEA until a particular day—for the period of 26 weeks after that day; and

(e) in any other case—for the period of 26 weeks after the commencement or increase, as the case may be.

(83) Schedule 6, item 12, page 57 (lines 4 to 8), omit paragraph (c) and all the words following that paragraph, substitute:

(c) the balance is subsequently reduced to nil because of the commencement or increase; and

(d) the person is not qualified for a pensioner concession card under section 1061ZEA;

paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.

(84) Schedule 6, item 12, page 57 (lines 22 to 26), omit paragraph (c) and all the words following that paragraph, substitute:

(c) the balance is subsequently reduced to nil because of the commencement or increase; and

(d) the person is not qualified for a pensioner concession card under section 1061ZEA;

paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.

(1C) If the person:

(a) is qualified for a pensioner concession card under section 1061ZEA until a particular day; and

(b) has, immediately before becoming so qualified, been receiving a social security benefit referred to in paragraph 1061ZA(2)(b) for a continuous period of less than 39 weeks;

the person is taken, for the purpose of the reference in paragraph (1)(a) to a continuous period of not less than 39 weeks, to be receiving the benefit until the particular day.

(85) Schedule 6, item 13, page 57 (lines 27 to 29), omit the item, substitute:

13 Subsection 1061ZC(2)

After “subsection (1)”, insert “(including that subsection as modified by subsection (1A), (1B) or (1C))”.

13A Subsection 1061ZC(3)

After “subsection (1)”, insert “(including that subsection as modified by subsection (1A) or (1B))”.

13B Subsection 1061ZC(4)

After “subsection (1)”, insert “(including that subsection as modified by subsection (1A), (1B) or (1C))”.

(86) Schedule 6, item 18, page 58 (line 26), omit “1061ZB, 1061ZC,”.

(87) Schedule 6, item 18, page 59 (line 32), after paragraph (g), insert:

and (ga) the person:

(i) in the case of a woman to whom wife pension ceases to be payable because of the employment income, or the combined income, referred to in subparagraph (f)(ii)—continues, but for that employment income or combined income, to be qualified for wife pension; and

(ii) in the case of a person to whom pension PP (single) ceases to be payable, or who ceases to receive benefit PP (partnered)—continues, but for the requirement to have at least one PP child, to be qualified for that pension or benefit; and

(iii) in any other case—continues to be qualified for the payment referred to in section 1061ZA;

(88) Schedule 6, item 18, page 60 (line 2), after paragraph (j), insert:

or (k) the day the person ceases to be qualified as mentioned in paragraph (ga);

(89) Schedule 6, page 60 (after line 26), after item 19, insert:

19A After subsection 1061ZM(1)

Insert:

(1A) If the person is qualified for a health care card under section 1061ZMA until a day (the particular day), subsection (1) has effect as if the reference to 26 weeks starting on the day on which the person ceases to be an employment-affected person were a reference to 26 weeks starting on the particular day.

(1B) If the person:

(a) was an employment-affected person because of receiving pension PP (single); and

(b) is qualified for a pensioner concession card under section 1061ZEA until a day (the particular day);

subsection (1) has effect as if the reference to the period of 26 weeks starting on the day on which the person ceases to be an employment-affected person were a reference to the period starting on the particular day and ending 26 weeks after the person ceases to be an employment-affected person.

(1C) If the person:

(a) is qualified for a health care card under section 1061ZMA until a particular day; and

(b) has, immediately before the commencement or increase mentioned in subsection (1), been a qualified recipient because of receiving newstart allowance, sickness allowance, widow allowance, partner allowance or youth allowance, other than while undertaking full-time study, for a continuous period of less than 52 weeks;

the person is taken, for the purpose of the reference in paragraph (1)(c) to a continuous period of 52 weeks, to be receiving the allowance until the particular day.

19B Subsection 1061ZM(2)

After “referred to in subsection (1)”, insert “(including that subsection as modified by subsection (1A)) or the period provided by subsection (1B)”.

(90) Schedule 6, item 20, page 60 (lines 31 and 32), omit subsection (1).

(91) Schedule 6, item 20, page 61 (line 33), after paragraph (g), insert:

and (ga) the person:

(i) in the case of a person who ceases to receive benefit PP (partnered)—continues, but for the requirement to have at least one PP child, to be qualified for that benefit; and

(ii) in any other case—continues to be qualified for the payment referred to in subsection 1061ZK(5);

(92) Schedule 6, item 20, page 62 (line 2), after paragraph (j), insert:

or (k) the day the person ceases to be qualified as mentioned in paragraph (ga);

(93) Schedule 6, page 62 (after line 13), after item 20, insert:

20A Subsection 1061ZN(1)

Omit “and 1061ZM”, substitute “, 1061ZM and 1061ZMA”.

(94) Schedule 6, item 26, page 76 (after line 7), at the end of section 1073J, add:

(2) If:

(a) a woman receiving wife pension is a working credit participant; and

(b) the partner of the participant ceases to receive age pension or disability support pension on and from a day (the cessation day); and

(c) the partner ceases to receive that pension:

(i) because of the employment income of the partner (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the partner); and

(ii) after any working credit balance of the partner is reduced to nil; and

(d) as a result of the partner's so ceasing to receive that pension, the participant ceases to be qualified for wife pension on and from the cessation day; and

(e) the participant has a working credit balance greater than nil at the start of the instalment period of the participant in which the cessation day occurs; and

(f) but for the employment income, or combined income, referred to in paragraph (c), the participant would have continued to be qualified for wife pension until the earlier of:

(i) a day determined under Division 8 or 9 of Part 3 of the Administration Act; or

(ii) the day on which the participant's working credit balance is reduced to nil;

the participant is to be treated as if she had continued to be so qualified until the earlier of the days referred to in subparagraphs (f)(i) and (ii).

Mr ANTHONY (Richmond—Minister for Children and Youth Affairs) (4.42 a.m.)—I move:

That the House consider the amendments in the following groups and order:

(a) amendments Nos 1, 6, 66, 67 and 68, that the Government proposes be agreed to;

(b) amendments Nos 4, 18, 21, 22, 23, 24, 25, 26, 27, 33, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 57, 58, 60, 61, 63, 64, 65, 74, 75, 76 and 77, that the Government proposes be disagreed to; and

(c) amendments Nos 2, 3, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 28, 29, 30, 31, 32, 34, 36, 56, 59, 62, 69, 70, 71, 72, 73, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93 and 94 that the Government proposes be disagreed to but that amendments be made in place thereof.

Question agreed to.