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Paid Parental Leave Bill 2010

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6112 - Revised

2008-2009-2010

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Paid Parental Leave Bill 2010

 

 

 

 

(1)     Clause 4, page 3 (line 27), omit “the work test,”.

[remove the work test]

(2)     Clause 6, page 8 (after line 8), after the definition of ABN , insert:

abortion means intentionally causing the termination of a woman’s pregnancy with the consent of the women by:

                     (a)  using an instrument; or

                     (b)  using a drug or a combination of drugs; or

                     (c)  any other means.

[abortion]

(3)     Clause 6, page 17 (line 16), at the end of the definition of stillborn , add “; but does not include a child whose period of gestation was terminated by abortion”.

[stillborn does not include termination by abortion]

(4)     Clause 6, page 18 (line 7), definition of work test TO BE OPPOSED .

[remove the work test]

(5)     Clause 12, page 23 (lines 26 and 27), omit “the work test,”.

[remove the work test]

(6)     Clause 26, page 36 (line 9), omit paragraph (1)(a).

[remove the work test]

(7)     Clause 26, page 36 (line 19), omit paragraph (2)(a).

[remove the work test]

(8)     Clause 30, page 38 (line 11), omit “the work test,”.

[remove the work test]

(9)     Clause 30, page 38 (lines 20 to 24), omit the paragraph relating to Division 3.

[remove the work test]

(10)   Clause 31, page 40 (line 8), omit paragraph (2)(a).

[remove the work test]

(11)   Clause 31, page 40 (line 32), omit subparagraph (4)(a)(i).

[remove the work test]

(12)   Clause 31, page 41 (after line 9), at the end of the clause, add:

             (6)  Despite subsections (2), (3) and (4), a person is not eligible for parental leave pay for a child on a day if the child:

                     (a)  is stillborn following an abortion; or

                     (b)  has died before that day following an abortion.

[abortion]

(13)   Part 2-3, page 42 (line 1) to page 45 (line 12), Division 3 TO BE OPPOSED .

[remove the work test]

(14)   Clause 63, page 62 (lines 3 to 8), omit subclauses (1) and (2), substitute:

             (1)  Parental leave pay must be paid to a person by the Secretary in instalments.

[instalments to be paid by Secretary]

(15)   Clause 64, page 62 (line 16) to page 63 (line 18), omit the clause, substitute:

64   A person’s instalment period and the payday for an instalment

             (1)  A person’s instalment period is the period of 14 days starting on a day the Secretary considers appropriate for the person (or a class of person in which the person is included) and each successive 14 day period

Note:          Sections 93 and 94 affect when an instalment period for a person starts and ends in certain circumstances.

             (2)  The payday for the instalment is a day that the Secretary considers appropriate that occurs after the instalment period to which the instalment relates.

[instalments to be paid by Secretary]

(16)   Clause 67, page 64 (line 22), omit “An employer or the Secretary”, substitute “The Secretary”.

[instalments to be paid by Secretary]

(17)   Clause 67, page 64 (lines 26 to 31), omit the note.

[instalments to be paid by Secretary]

(18)   Clause 68, page 65 (line 13), omit “An employer or the Secretary”, substitute “The Secretary”.

[instalments to be paid by Secretary]

(19)   Clause 69, page 65 (lines 18 to 21), subclause (1) TO BE OPPOSED .

[instalments to be paid by Secretary]

(20)   Clause 69, page 65 (line 22), omit “(2)”.

[instalments to be paid by Secretary]

(21)   Clause 70, page 66 (lines 5 and 6), subclause (2) and the note TO BE OPPOSED .

[instalments to be paid by Secretary]

(22)   Part 3-2, page 67 (line 1) to page 75 (line 9), TO BE OPPOSED .

[instalments to be paid by Secretary]

(23)   Clause 83, page 76 (lines 3 to 16), omit the clause, substitute:

83   Guide to this Part

This Part is about the payment of instalments to a person by the Secretary.

The Secretary is required to pay instalments directly to a person on the payday for the instalment.

In certain circumstances where the Secretary becomes required to pay instalments to a person, the Secretary is also required to pay the person arrears for instalments that had previously become payable, but not been paid, to the person.

[instalments to be paid by Secretary]

(24)   Clause 84, page 77 (line 2) to page 78 (line 26), omit the clause, substitute:

84   When the Secretary pays instalments

                   The Secretary must pay an instalment that is payable to a person on the payday for the instalment.

[instalments to be paid by Secretary]

(25)   Clauses 85 and 86, page 78 (line 27) to page 80 (line 12), TO BE OPPOSED .

[instalments to be paid by Secretary]

(26)   Clauses 93 and 94, page 84 (line 1) to page 85 (line 1), TO BE OPPOSED .

[instalments to be paid by Secretary]

(27)   Part 3-5, page 87 (line 1) to page 101 (line 8), TO BE OPPOSED .

[instalments to be paid by Secretary]

(28)   Clause 117, page 103 (lines 15 and 16), omit paragraph (c).

[instalments to be paid by Secretary]

(29)   Clause 117, page 103 (line 19), omit “;”, substitute “.”.

[instalments to be paid by Secretary]

(30)   Clause 117, page 103 (lines 20 to 25), omit paragraphs (e) to (g).

[instalments to be paid by Secretary]

(31)   Heading to clause 133, page 112 (lines 3 and 4), omit “ or PPL funding amount ”.

[instalments to be paid by Secretary]

(32)   Clause 133, page 112 (lines 8 to 15), omit paragraph(1)(b), substitute:

                     (b)  order the person to pay the Commonwealth an amount equal to any amount paid to, or in relation to, the person by way of an instalment of parental leave pay because of the act, failure or omission that constituted the offence.

[instalments to be paid by Secretary]

(33)   Clause 138, page 113 (lines 21 and 22), omit “or a PPL funding amount”.

[instalments to be paid by Secretary]



 

6112—EM

2008-2009-2010

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Paid Parental Leave Bill 2010

 

 

 

Statement pursuant to the order of the Senate of 26 June 2000

Amendments (1) and (4) to (11) and (13)

Amendment (13) removes a work test which otherwise must be met before a person qualifies for payments under this Act. The effect of the amendment would be to expand the class of people entitled to payments, resulting in additional amounts being paid. The increased expenditure would be met from the standing appropriation in clause 307 of the bill.

Amendment (13) is therefore circulated as a request.

Amendments (1) and (4) to (11) are consequential amendments, and are therefore also circulated as requests.

 

Statement by the Clerk of the Senate

pursuant to the order of the Senate of 26 June 2000

The Senate has long accepted that an amendment should take the form of a request if it would have the effect of increasing expenditure under an appropriation clause in a bill.

On the basis that amendment (13) would result in increased expenditure under the appropriation in the bill, it is in accordance with the precedents of the Senate that those amendments be moved as requests.

It is also in accordance with precedents for the consequential amendments to be moved as requests.