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NATIONAL RENTAL AFFORDABILITY SCHEME BILL 2008E NATIONAL RENTAL AFFORDABILITY SCHEME (CONSEQUENTIAL AMENDMENTS) BILL 2008

Order of the day read for the adjourned debate on the motion of the Minister for Superannuation and Corporate Law (Senator Sherry)—That these bills be now read a second time—and on the amendment moved by Senator Payne in respect of the National Rental Affordability Scheme Bill 2008 (see entry no. 2).

Debate resumed.

The question was divided—

Question—That the amendment in respect of paragraphs (a) to (e) be agreed to—put and negatived.

Question—That the amendment in respect of paragraphs (f) and (g) be agreed to—put and passed.

Senator Ludlam moved the following amendment in respect of the National Rental Affordability Scheme Bill 2008:

 At the end of the motion, add "but the Senate calls on the Government to:

  (a) include energy and water efficiency over the life-cycle of the building, sustainable building materials and sustainable waste management as criteria that National Rental Affordability Scheme (NRAS) proposals must meet;

  (b) require the Minister to evaluate how the successful NRAS proposals have performed when benchmarked against relevant state and federal standards for each of the mandatory criteria (that is, those listed in Schedule 1, Set 1, paragraph (1)(c) of the draft National Rental Affordability Scheme Regulations 2008) within 3 months of each round of NRAS allocations being announced;

  (c) if any dwellings are found not to be meeting these high standards, require the Minister to review the criteria with the objective of improving the standard of properties approved under the NRAS; and

  (d) provide that NRAS properties must be close to public transport, noting that Schedule 1, Set 1, paragraph (1)(c)(i) of the draft regulations currently provides for proximity of dwellings to transport, but does not specify public transport".


Question—That the amendment be agreed to—put and negatived.

Main question, as amended, put and passed.

Bills read a second time.

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

In the committee

Bills taken together and as a whole by leave.

Explanatory memorandum: The Parliamentary Secretary for Social Inclusion and the Voluntary Sector (Senator Stephens) tabled a supplementary explanatory memorandum relating to the government amendments to be moved to the National Rental Affordability Scheme (Consequential Amendments) Bill 2008.

On the motion of Senator Stephens the following amendments in respect of the National Rental Affordability Scheme (Consequential Amendments) Bill 2008, taken together by leave, were debated and agreed to:

 Title, page 1 (line 1), after "amend", insert "the Extension of Charitable Purpose Act 2004 and".

 Page 15 (after line 13), at the end of the bill, add:

  

Schedule 2—Amendment of the Extension of Charitable Purpose Act 2004

 1 Section 3

  Insert:

   allocation has the same meaning as in the National Rental Affordability Scheme Act 2008 .

 2 Section 3

  Insert:

   entity has the same meaning as in the Income Tax Assessment Act 1997 .

 3 Section 3

  Insert:

   first 2 NRAS years means:

 (a) the period referred to in paragraph (a) of the definition of NRAS year in the National Rental Affordability Scheme Act 2008; and

 (b) the year beginning on 1 May 2009.

 4 Section 3

  Insert:

   incentive period has the same meaning as in the National Rental Affordability Scheme Act 2008 .


 5 Section 3

  Insert:

   National Rental Affordability Scheme has the same meaning as in the National Rental Affordability Scheme Act 2008 .

 6 Section 3

  Insert:

   rental dwelling has the same meaning as in the National Rental Affordability Scheme Act 2008 .

 7 Section 3

  Insert:

   taxation law has the same meaning as in the Income Tax Assessment Act 1997 .

 8 After section 4

  Insert:

 

4A Provision of a rental dwelling under National Rental Affordability Scheme is a charitable purpose

  (1) Without limiting what constitutes a charitable purpose, charitable purpose includes the provision of a rental dwelling if:

 (a) the rental dwelling is provided by an entity that is:

 (i) endorsed as exempt from income tax by the Commissioner of Taxation under section 50-105 of the Income Tax Assessment Act 1997; and

 (ii) an approved participant in the National Rental Affordability Scheme; and

 (b) either:

 (i) an allocation in relation to the rental dwelling has been made to the approved participant by the Secretary that specifies a date in the first 2 NRAS years from which the allocation will operate or is taken to have operated; or

 (ii) an allocation in relation to the rental dwelling has been reserved and it is genuinely intended by the approved participant that the conditions on which the allocation has been reserved will be fulfilled in the first 2 NRAS years.

  (2) To avoid doubt, the provision of the rental dwelling by the entity has effect as a charitable purpose only during the incentive period for the allocation.

  (3) This section applies:

 (a) for the purposes of a provision of a taxation law or any instrument made, granted or issued under a taxation law; and

 (b) for the purpose of determining whether an entity that has been endorsed as exempt from income tax by the Commissioner of Taxation under section 50-105 of the Income Tax Assessment Act 1997, remains, for the purposes of a provision of a taxation law or any instrument made, granted or issued under a taxation law, entitled to be so endorsed.


The National Rental Affordability Scheme Bill 2008 agreed to and the National Rental Affordability Scheme (Consequential Amendments) Bill 2008, as amended, agreed to.

The National Rental Affordability Scheme Bill 2008 to be reported without amendments and the National Rental Affordability Scheme (Consequential Amendments) Bill 2008 to be reported with an amendment and an amendment to the title.

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

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