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FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (BUDGET AND OTHER MEASURES) BILL 2010

Order of the day read for the adjourned debate on the motion of the Parliamentary Secretary for Sustainability and Urban Water (Senator Farrell)—That this bill be now read a second time.

Debate resumed.

Question put and passed.


Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

In the committee

Bill taken as a whole by leave.

Explanatory memoranda: The Parliamentary Secretary for Disabilities and Carers (Senator McLucas) tabled a supplementary explanatory memorandum and a revised supplementary explanatory memorandum relating to the government amendments to be moved to the bill.

On the motion of Senator McLucas the following amendments, taken together by leave, were agreed to:

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

2. Schedule 11 January 2011.1 January 2011

3. Schedule 21 July 2011.1 July 2011

Schedule 2, heading, page 8 (lines 1 and 2), omit the heading, substitute:

 

Schedule 2—Disability support pension

 Schedule 2, item 7, page 9 (table item 2), after "1218AA", insert ", 1218AB".

 Schedule 2, page 9 (before line 12), before item 8, insert:

 7A After section 1218AA

  Insert:

 

1218AB Extended portability period for disability support pension

  (1) The Secretary may, by written determination, extend the person's portability period for disability support pension if all of the following circumstances (the qualifying circumstances) exist:

 (a) the person is severely disabled (see subsection 23(4B));

 (b) the person is receiving disability support pension;

 (c) the person is wholly or substantially dependent on a family member of the person (see subsection 23(14));

 (d) the Secretary is satisfied that the person will be living with the family member of the person throughout the period of absence;

 (e) the family member of the person is engaged in employment in Australia for an employer immediately before the start of the period of absence;

 (f) the Secretary is satisfied that the family member of the person will be engaged in employment outside Australia for that employer throughout the period of absence.


 (2) If the Secretary extends a person's portability period under subsection (1), the person's portability period for disability support pension, for the purposes of this Part, is the extended period.

 (3) The Secretary may revoke the determination if any of the qualifying circumstances ceases to exist.

 (4) A determination under subsection (1) is not a legislative instrument.

Note: The heading to section 1218AA is altered by omitting "Extended " and substituting "Unlimited ".

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator Kroger) resumed the chair and the Temporary Chair of Committees reported accordingly.

On the motion of Senator McLucas the report from the committee was adopted and the bill read a third time.