Senator NEWMAN (Family and Community Services; Minister Assisting the Prime Minister for the Status of Women) (5:48 PM) —by leave—I move:

Clause 2, page 1 (line 8), omit "subsections (2) to (10)", substitute "this section".

Clause 2, page 2 (after line 20), at the end of the clause, add:

(11) Schedule 22 (except Part 2) commences immediately after the commencement of Schedule 16.

(12) Part 9 of Schedule 22 commences on the day after the day on which the A New Tax System (Fringe Benefits Reporting) Act 1999 receives the Royal Assent. However. if this Act receives the Royal Assent after the day on which that Act receives the Royal Assent, that Part commences on the day after the day on which this Act receives the Royal Assent.

Clause 2, page 2 (after line 20), at the end of the clause, add:

(13) Schedule 23 (except Part 2) commences immediately after the commencement of Part 1 of Schedule 22.

(14) Part 2 of Schedule 23 commences when Part 2 of Schedule 22 commences.

Clause 4, page 3 (after line 12), at the end of the clause, add:

(5) The amendments of the Child Support (Assessment) Act 1989 made by Schedule 22 do not apply in relation to an assessment for a child support year, or a child support period starting before 1 July 2000.

Clause 4, page 3 (after line 12), at the end of the clause, add:

(6) The amendments of the Child Support (Assessment) Act 1989 made by Schedule 23 do not apply in relation to an assessment for a child support year, or a child support period, starting before 1 July 2000.

Page 149 (after line 7), at the end of the bill, add:

Schedule 22—Liable parents' reportable fringe benefits totals

Part 1—Amendment of the Child Support (Assessment) Act 1989

Section 5

Insert:

reportable fringe benefits total has the meaning given by subsection 158A(3).

2 At the end of subsection 38A(1) l

Add:

; and (c) the liable parent's reportable fringe benefits total (if any) for the year of income.

3 After section 158

Insert:

158A Disclosure of reportable fringe benefits total

(1) This section applies if one or more fringe benefits are provided in relation to a year of tax in respect of the employment by an employer of an employee who is a liable parent.

(2) The liable parent must notify the Registrar, in accordance with the regulations. of the reportable fringe benefits total of the liable parent for the year of income ending on the first 30 June after the end of the year of tax.

(3) The reportable fringe benefits total of the liable parent for the year of income is the amount worked out in accordance with the regulations taking account of the value (worked out in accordance with the regulations) of the fringe benefit or fringe benefits (other than a fringe benefit of a kind that is prescribed by the regulations).

(4) An expression used in this section and in the Fringe Benefits Tax Assessment Act 1986 has the same meaning in this section as it has in that Act.

(5) This section applies in relation to a liable parent who is an employee of the Commonwealth, or of an authority of the Commonwealth described in paragraph (e) of the definition of employer in subsection 136(1) of the Fringe Benefits Tax Assessment Act 1986 , as if the Commonwealth or the authority were an employer for the purposes of that Act.

(6) This section applies in relation to a benefit that is an exempt benefit because of section 57A or 58 of the Fringe Benefit Tax Assessment Act 1986 and would be a fringe benefit apart from those Sections as if it were a fringe benefit for the purposes of that Act.

(7) This section does not require notification of a reportable fringe benefits total for a year of income before the 1999-2000 year of income.

158B Penalty for failure to notify reportable fringe benefits total accurately

(1) A person must pay the Registrar a penalty of the amount worked out under subsection (2) if:

(a) section 158A requires the person to notify the Registrar of the person's reportable fringe benefits total for a year of income; and

(b) the person's reportable fringe benefits total for the year of income is at least 10 per cent greater than the amount that the person notified the Registrar under section 158A was the person's reportable fringe benefits total for the year of income.

(2) The amount of the penalty is 10 per cent of the difference between:

(a) the administrative assessment of child support based on the person's reportable fringe benefits total for the year of income; and

(b) the amount that was or would have been the administrative assessment of child support based on the amount that the person notified the Registrar under Section 158A was the person's reportable fringe benefits total for the year of income.

(3) if a person is required by section 158A to notify the Registrar of the person's reportable fringe benefits total for a year of income and docs not do so as required by that section, this section operates as if the person had notified the Registrar under that section that the person's reportable fringe benefits total for the year of income was a nil amount.

(4) The penalty is a debt due to the Commonwealths payable when the administrative assessment mentioned in paragraph (2)(a) is made.

(5) The Registrar may make an administrative assessment of child support for the purposes of this section at any time.

(6) The Registrar may remit penalty payable under this section if he or she thinks it is fair and reasonable to do so.

Part 2—Amendment dependent on fringe benefits reporting legislation

Child Support (Assessment) Act 1989

4 Section 5 (definition of reportable fringe benefits total)

Repeal the definition, substitute;

reportable fringe benefits total for a year of income for a person who is an employee (for the purposes of the Fringe Benefits Tax Assessment Act 1986 , whether it applies of its own force or because of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986 ) means the employee's reportable fringe benefits total (as defined in the Fringe Benefits Tax Assessment Act 1986 ) for the year of income.

5 Section 158A

Repeal the section.

Page 149 (after line 7), at the end of the bill, add:

Schedule 23-Entitled carers' reportable fringe benefits totals

Part 1—Amendment of the Child Support (Assessment) Act 1989

1 At the end of subsection 45A(1)

Add;

; and (c) the entitled carer's reportable fringe benefits total (if any) for the year of income.

2 At the end of subsection 158A(1)

Add "or an entitled carer (within the meaning of Subdivision D of Division 2 of Part 5)".

3 Subsection 158A(2)

After "liable parent" (first occurring), insert "or entitled carer".

4 Subsection 158A(2)

After "liable parent" (second occurring), insert "or entitled Carer (as appropriate)".

5 Subsections 158A(3) and (5)

After "liable parent", insert "or entitled Carer".

Part 2—Amendment dependent on fringe benefits reporting legislation

Child Support (Assessment) Act 1989

6 Section 158B

Repeal the section.