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SOCIAL SECURITY LEGISLATION AMENDMENT BILL 1994

Order of the day read for the adjourned debate on the motion of the

Minister for Trade (Senator McMullan)--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

Explanatory memorandum: The Minister for Family Services (Senator

Crowley) tabled a supplementary explanatory memorandum relating to the

Government amendments to be moved to the bill.

Clause 1 agreed to.

Clause 2--

On the motion of Senator Crowley the following amendment was debated and

agreed to:

Clause 2, page 2, at end of clause, add the following subclause:

"(10) Part 14 commences, or is taken to have commenced, on 20 March

1994, immediately after the commencement of Division 2 of Part 2 of

the Social Security (Budget and Other Measures) Legislation Amendment

Act 1993.".

Clause 2, as amended, agreed to.

Clauses 3 to 5, taken together by leave, agreed to.

Clauses 6 and 7, taken together by leave, debated and agreed to.

Clause 8 debated.

On the motion of Senator Woodley the following amendment was debated and

agreed to:

Clause 8, page 4, after proposed paragraph 1229(1)(b), insert the

following word and paragraphs:

"and (ba) the Secretary makes reasonable attempts to negotiate an

agreement with the person; and

(bb) the person:

(i) is unwilling to enter into negotiation for such an

agreement; or

(ii) following such negotiation, does not agree to repayment of

the debt by reasonable instalments, being instalments

reasonably within the person's capacity to pay the debt;".

On the motion of Senator Woodley the following amendments, taken

together by leave, were debated and agreed to:

Clause 8, page 4, proposed paragraph 1229(1)(d), line 35, omit "interest

may become payable on the debt", substitute "a garnishee notice may be

given to another person or interest may become payable on the debt;".

Clause 8, page 5, after proposed subsection 1229(6), insert the

following subsection:

" "(6A) A person is to be taken to have entered into an agreement

under section 1229A if the Secretary has:

(a) issued a notice under subsection 1229(1); and

(b) subsequently issued a notice under section 1233.".

On the motion of Senator Woodley the following amendments, taken

together by leave, were debated and agreed to:

Clause 8, page 6, proposed subsection 1229A(2), line 25, after

"subsection (3)", insert "and (3A)".

Clause 8, page 6, after proposed subsection 1229A(3), insert the

following subsection:

" "(3A) Interest payable under subsection (2) ceases to accrue on and

from the day the person:

(a) next pays the instalment due under an agreement; or

(b) enters into a new agreement;

whichever first occurs.".

On the motion of Senator Patterson the following amendment was debated

and agreed to:

Clause 8, page 7, after proposed section 1229B, add the following

section:

Guidelines on the penalty interest charge scheme

""1229C.(1) The Minister must, not later than 1 July 1994, and

thereafter from time to time, by notice in writing determine

Guidelines for the operation of the provisions of this Act dealing

with Penalty Interest Charge.

""(2) A notice under subsection (1) is a disallowable instrument for

the purposes of section 46A of the Acts Interpretation Act 1901.".

Clause 8, as amended, agreed to.

Clauses 9 to 26, taken together by leave, agreed to.

Clause 27 debated.

Question--That the clause stand as printed--put.

The committee divided--

AYES, 23

Beahan Burns Carr Coates Collins Colston Cook Cooney Crowley Denman Devereux Evans, Christopher Faulkner Foreman Jones (Teller) Loosley McMullan Murphy Reynolds Schacht Sherry West Zakharov

NOES, 39

Abetz Alston Baume Bell Boswell Bourne Brownhill Campbell Chamarette Coulter Crichton-Browne Ellison Gibson Harradine Herron Hill Kemp Kernot Knowles Lees Macdonald, Ian Macdonald, Sandy McGauran Margetts Minchin Newman O'Chee Panizza (Teller) Parer Patterson Short Spindler Tambling Teague Tierney Troeth Vanstone Watson Woodley

Question negatived.

Clause 28 debated and agreed to.

Clauses 29 to 34, taken together by leave, debated and negatived.

Clauses 35 to 40, taken together by leave, agreed to.

On the motion of Senator Crowley the following amendment was debated and

agreed to:

After Part 13, page 19, add the following Part:

"PART 14--MATURE AGE ALLOWANCES

Qualification for mature age allowance

"41. Section 660XBA of the Principal Act is amended by inserting after

subsection (1) the following subsections:

CES registration

"(1A) For the purposes of paragraph (1)(c), a person who ceases to be

registered with the CES for a period of less than 13 weeks is taken to

have been registered for that period.

Receipt of benefits

"(1B) For the purposes of paragraph (1)(d), if a person ceases:

(a) to receive one or a combination of the following:

(i) a social security pension;

(ii) a social security benefit;

(iii) a service pension; or

(b) to be a benefit increase partner;

for a period of less than 13 weeks, the person is taken to have been

receiving the pension or benefit, or to be a benefit increase partner,

for that period.'.".

Remainder of bill, taken as a whole by leave, agreed to.

Bill to be reported with amendments.

The Deputy President (Senator Crichton-Browne) resumed the Chair and the

Temporary Chairman of Committees (Senator West) reported accordingly.

On the motion of Senator Crowley the report from the committee was

adopted and the bill read a third time.