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Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Bill 2007

Schedule 2 Assurances of support

   

Social Security Act 1991

1  At the end of subsection 729(2)

Add:

            ; and (h)  an assurance of support does not apply to the person at any time during the period (see subsection (2C)).

2  After subsection 729(2B)

Insert:

          (2C)  For the purposes of paragraph (2)(h), an assurance of support applies to a person at a particular time if:

                     (a)  an assurance of support is in force in respect of the person (the assuree ) at that time; and

                     (b)  the person who gave the assurance was willing and able to provide an adequate level of support to the assuree; and

                     (c)  it was reasonable for the assuree to accept that support.

Note:          For assurance of support see subsection 23(1).

3  Application provision

The amendments of section 729 of the Social Security Act 1991 made by this Schedule apply in relation to special benefit the start day for which is on or after 1 January 2008.

4  Subsection 1061ZZGE(3)

Repeal the subsection (including the note), substitute:

             (3)  If the assurance of support ceases to be in force in respect of the other person at a time determined by the Secretary under subparagraph 1061ZZGF(1)(b)(ii) or (iii), the Secretary must give the assurer written notice of that fact.

5  Before section 1061ZZGF

Insert:

1061ZZGEA   Assurance cannot be withdrawn once visa issued

                   A person who has given an assurance of support that has been accepted under this Chapter cannot withdraw that assurance once the person in respect of whom the assurance was given becomes the holder under the Migration Act 1958 of a visa granted in connection with the assurance.

6  Application provision

Section 1061ZZGEA of the Social Security Act 1991 applies in relation to an assurance of support that is given on or after 1 January 2008.

7  Paragraph 1061ZZGF(1)(b)

Omit “the earlier”, substitute “the earliest”.

8  At the end of paragraph 1061ZZGF(1)(b)

Add:

                          ; (iii)  if a circumstance specified for the purposes of this subparagraph in a determination under section 1061ZZGH applies in relation to the assurance—the time determined by the Secretary in relation to that circumstance.

9  Subsection 1061ZZGF(4)

Repeal the subsection, substitute:

             (4)  Except as provided by paragraph (1)(b), an assurance of support that has come into force in respect of a person remains in force in respect of that person in spite of any change in circumstances whatsoever (including any purported withdrawal, however described, of the assurance).

10  Subsection 1061ZZGH(1) (at the end of the table)

Add:

6

Subparagraph 1061ZZGF(1)(b)(iii)

Circumstances in which assurances of support accepted under this Chapter cease to be in force