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Friday, 15 November 2002
Page: 6516


Senator MARK BISHOP (1:20 PM) —The first amendment before the committee is a government amendment affecting schedules 1, 2 and 6 and clause 2, contained on sheet EX249. It is a series of amendments numbered (1) to (24). They are technical amendments and the opposition indicates its support for those amendments.

Senator VANSTONE (South Australia— Minister for Family and Community Services and Minister Assisting the Prime Minister for the Status of Women) (1.21 p.m.)— by leave—I move amendments (1) to (24) on sheet EX249:

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

Part 1A—Amendment 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.

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

(4) Schedule 1, item 12, page 11 (line 31), omit “6 months”, substitute “26 weeks”.

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

Part 1A—Amendment 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”.

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

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

(8) 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;

(9) Schedule 6, page 55 (before line 21), before item 9, 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.

(10) 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.

(11) 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.

(12) Schedule 6, page 56 (before line 25), before item 12, 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.

(13) 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.

(14) 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.

(15) 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))”.

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

(17) Schedule 6, item 18, page 59 (after 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;

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

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

(19) Schedule 6, page 60 (before line 27), before item 20, 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)”.

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

(21) Schedule 6, item 20, page 61 (after 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);

(22) Schedule 6, item 20, page 62 (after line 2), insert:

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

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

20A Subsection 1061ZN(1)

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

(24) 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).

Question agreed to.

Senator MARK BISHOP (Western Australia) (1.22 p.m.)—by leave—I move amendments (1), (2) and (3) on sheet 2734:

(1) That the Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Bill 2002 be divided into two bills as follows:

(a) a bill (the first bill) dealing with participation requirements and penalties, comprising clauses 1 to 3 (with appropriate amendments) and Schedules 1, 4 and 5 of the original bill; and

(b) a bill (the second bill) dealing with additional funding for welfare measures comprising Schedules 2, 3, 6, and 7 of the original bill; and

(2) That the first bill be amended as follows:

(a) Renumber Schedule 4 as Schedule 2;

(b) Renumber Schedule 5 as Schedule 3.

(3) That the second bill be amended as follows:

(a) at the beginning of the bill, insert:

A Bill for an Act to amend the law relating to social security, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) (No. 2) Act 2002.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

(b) Renumber Schedule 2 as Schedule 1;

(c) Renumber Schedule 3 as Schedule 2;

(d) Renumber Schedule 6 as Schedule 3;

(e) Renumber Schedule 7 as Schedule 4.

Question agreed to.