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SOCIAL SECURITY LEGISLATION AMENDMENT BILL (NO. 2) 1994

Order of the day read for the further consideration of the bill in

committee of the whole.

In the committee

Consideration resumed of the bill as amended--and of the amendment moved

by Senator Woodley--

At end of Part 2, page 65, add the following Division:

"Division 10--Application of assets test to

basic family payment and additional family payment

"42A. After section 1118 of the Principal Act, the following section

is inserted:

Exemption from assets test for basic family payment and additional

family payment for primary producers

"1118A. In calculating the value of a person's assets for the purposes

of paragraph 838(1)(d) and Module D of the Family Payment Rate

Calculator in Part 3.7, where:

(a) the person has his or her principal home on a farm that is owned

by the person, the person's partner or the person and his or her

partner; and

(b) the person ordinarily works in a full-time capacity as a primary

producer on the farm; and

(c) the value of the whole or part of the land comprising the farm

including the value of any improvements to or on the land would,

but for this section, be included in the value of the assets of

the person; and

(d) the value of items of plant or articles owned by the person, the

person's partner or the person and his or her partner, and used

wholly and exclusively for the purposes of primary production

would, but for this section, be included in the value of the

assets of the person;

the value of the assets of the person does not include the value of

the land referred to in paragraph (c) or the value of the items of

plant or articles referred to in paragraph (d).'.".

Debate resumed.

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

Senator Chamarette moved the following amendments together by leave:

Clause 5, page 24, proposed subsection 446(8), line 14, omit

"Imprisonment for 6 months", substitute "A pecuniary penalty of 30

penalty units".

Clause 5, page 24, Note to proposed subsection 446(8), lines 15 and 16,

omit the Note, substitute the following Note:

"Note: Under subsection 4AA(1) of the Crimes Act 1914, as in force at

the commencement of this subsection, a penalty unit means

$100.".

Clause 5, page 25, proposed subsection 447(6), line 9, omit

"Imprisonment for 6 months", substitute "A pecuniary penalty of 30

penalty units".

Clause 5, page 25, Note to proposed subsection 447(6), lines 10 and 11,

omit the Note, substitute the following Note:

"Note: Under subsection 4AA(1) of the Crimes Act 1914, as in force at

the commencement of this subsection, a penalty unit means

$100.".

Debate ensued.

Question--That the amendments be agreed to--put and negatived.

Senator Chamarette moved the following amendment:

Clause 18, page 51, paragraph (c), proposed subsection 1074E(6), lines 5

to 8, omit the subsection, substitute the following subsection:

""(6) If the investment product is held by a person during a part of a

period of 12 months, the performance of the product during that part

is taken to be the performance of the product with respect to that

person for the whole 12 months.'.".

Debate ensued.

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

Question--That the bill, as amended, be agreed to--divided in respect of

clause 27--

Clause 27 debated.

Question--That clause 27 stand as printed--put.

The committee divided--

AYES, 41

Beahan Boswell Brownhill Burns (Teller) Campbell Carr Childs Coates Collins Colston Cooney Crowley Denman Devereux Evans, Christopher Ferguson Foreman Forshaw Herron Hill Jones Knowles Macdonald, Ian Macdonald, Sandy MacGibbon McGauran McKiernan Minchin Murphy Neal O'Chee Panizza Patterson Reid Sherry Tambling Troeth Vanstone Watson West Zakharov

NOES, 10

Bell Bourne (Teller) Chamarette Coulter Harradine Kernot Lees Margetts Spindler Woodley

Clause agreed to.

Question--That the bill, as amended, be agreed to--divided in respect of

clauses 28 to 33--

Clauses 28 to 33 debated and agreed to.

Question--That the bill, as amended, be agreed to--divided in respect of

clauses 34 to 36--

Clauses 34 to 36 debated and agreed to.

Question--That the bill, as amended, be agreed to--divided in respect of

clause 37--

Clause 37 agreed to.

Consideration resumed of the postponed amendments moved by the Minister

for Family Services (Senator Crowley)--

Clause 2, page 2, after subclause (3), insert the following subclause:

"(3A) Division 8A of Part 2 commences on 4 July 1994.".

After Division 8, page 63, insert the following Division:

"Division 8A--Deferment periods for job search

allowance and newstart allowance

Schedule 2A

"39A. The Principal Act is amended as set out in Schedule 2A.".

After Schedule 2, page 93, insert the following Schedule:

"SCHEDULE 2ASection 39A

AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 RELATING TO

DEFERMENT PERIODS FOR JOB SEARCH ALLOWANCE AND

NEWSTART ALLOWANCE

1. Subsection 23(1) (definition of "JSA automatic deferment provision'):

Omit "(job search allowance deferment provision)', substitute "(job

search allowance automatic deferment provision)'.

2. Subsection 23(1) (paragraph (b) of the definition of "JSA automatic

deferment provision'):

Omit "subsection 543(3)', substitute "subsection 546C(4)'.

3. Subsection 23(1) (paragraph (a) of the definition of "JSA

discretionary deferment provision'):

Omit "subsection 543(1)', substitute "subsection 546C(1)'.

4. Subsection 23(1) (definition of "NS allowance automatic deferment

provision'):

Omit "(newstart automatic allowance deferment provision)', substitute

"(newstart allowance automatic deferment provision)'.

5. Subsection 23(1) (paragraph (d) of the definition of "NS allowance

automatic deferment provision'):

Omit "subsection 627(3)', substitute "subsection 630C(4)'.

6. Subsection 23(1) (definition of "NS discretionary deferment

provision'):

After "NS', insert "allowance'.

7. Subsection 23(1) (paragraph (a) of the definition of "NS

discretionary deferment provision'):

Omit "subsection 627(1)', substitute "subsection 630C(1)'.

8. Subsection 23(1):

Insert:

""activity test deferment period" means:

(a) a period worked out under section 546A in relation to the

application of a JSA automatic deferment provision included in

Subdivision E of Division 1 of Part 2.11; or

(b) a period worked out under section 630A in relation to the

application of an NS allowance automatic deferment provision

included in Subdivision F of Division 1 of Part 2.12;

and includes any period for which, as a result of the application before

4 July 1994 of an automatic deferment provision, job search allowance or

newstart allowance was not payable, being a period that commenced before

4 July 1994;

"administrative breach deferment period" means:

(a) a period worked out under section 547A in relation to the

application of a JSA automatic deferment provision included in

Subdivision F of Division 1 of Part 2.11; or

(b) a period worked out under section 631A in relation to the

application of an NS allowance automatic deferment provision

included in Subdivision G of Division 1 of Part 2.12;

but does not include any period for which, as a result of the

application before 4 July 1994 of an automatic deferment provision, job

search allowance or newstart allowance was not payable, being a period

that commenced before 4 July 1994;

"discretionary deferment provision" means:

(a) a JSA discretionary deferment provision; or

(b) an NS allowance discretionary deferment provision;'.

9. Paragraph 526(1)(i):

Omit "section 543', substitute "section 546C'.

10. Subparagraph 526(1)(j)(ii):

Omit "section 543', substitute "section 546C'.

11. Subdivision E of Division 1 of Part 2.11 (Heading):

Omit "recipient non-compliance', substitute "activity test breaches'.

12. Subsection 542(1):

Omit "deferment period', substitute "activity test deferment period'.

13. Subsections 542(3), (4), (5) and (6):

Omit the subsections.

14. Section 542:

Add at the end the following note:

"Note: See section 546A for the length of activity test deferment

periods and section 546B for the commencement of activity test

deferment periods.'.

15. Subsection 542A(1):

Omit "deferment period', substitute "activity test deferment period'.

16. Subsections 542A(3), (4), (5) and (6):

Omit the subsections.

17. Section 542A:

Add at the end the following note:

"Note: See section 546A for the length of activity test deferment

periods and section 546B for the commencement of activity test

deferment periods.'.

18. Subsection 542B(1):

Omit "deferment period', substitute "activity test deferment period'.

19. Subsections 542B(3), (4), (5) and (6):

Omit the subsections.

20. Section 542B:

Add at the end the following note:

"Note: See section 546A for the length of activity test deferment

periods and section 546B for the commencement of activity test

deferment periods.'.

21. Subsection 543(4):

Omit "deferment period', substitute "administrative breach deferment

period'.

22. Subsections 543(5), (6), (7) and (8):

Omit the subsections.

23. Section 543:

(a) Renumber as section 546C and reposition at the beginning of

Subdivision F.

(b) Add at the end the following note:

"Note: See section 547A for the length of administrative breach

deferment periods and section 547B for the commencement of

administrativebreach deferment periods.'.

24. Subsection 544(1):

Omit "deferment period', substitute "activity test deferment period'.

25. Subsections 544(2), (3), (4) and (5):

Omit the subsections.

26. Section 544:

Add at the end the following note:

"Note: See section 546A for the length of activity test deferment

periods and section 546B for the commencement of activity test

deferment periods.'.

27. Subsection 545(1):

Omit "deferment period', substitute "activity test deferment period'.

28. Subsections 545(2), (3), (4) and (5):

Omit the subsections.

29. Section 545:

Add at the end the following note:

"Note: See section 546A for the length of activity test deferment

periods and section 546B for the commencement of activity test

deferment periods.'.

30. Subsection 546(1):

Omit "deferment period', substitute "activity test deferment period'.

31. Subsections 546(2), (3), (4) and (5):

Omit the subsections.

32. Section 546:

Add at the end the following note:

"Note: See section 546A for the length of activity test deferment

periods and section 546B for the commencement of activity test

deferment periods.'.

33. After section 546:

Insert:

Activity test deferment periods

"546A.(1) Subject to subsections (2) and (3), if an automatic

deferment provision of this Subdivision applies to a person, the

deferment period applicable to the person is:

(a) if, at the time the provision becomes applicable, the person's

unemployment duration is less than 12 months--2 weeks; or

(b) if, at the time the provision becomes applicable, the person's

unemployment duration is 12 months or more, but is less than 18

months--4 weeks; or

(c) if, at that time, the person's unemployment duration is 18

months or more--6 weeks.

Note: For "automatic deferment provision" see section 23.

"(2) Subject to subsections (3), (4) and (5), if:

(a) an automatic deferment provision of this Subdivision applies to

a person at a particular time; and

(b) one or more activity test deferment periods had applied to the

person within the period of 3 years before that time:

the deferment period is 6 weeks plus:

(c) in respect of a period (if any) referred to in paragraph (b) of

this subsection that was fixed under subsection (1), the number

of weeks fixed under that subsection; and

(d) in respect of each other period (if any) referred to in that

paragraph, a further 6 weeks.

Note: For "activity breach deferment period" see section 23.

"(3) If:

(a) an automatic deferment provision of this Subdivision applies to

a person at a particular time; and

(b) one or more administrative breach deferment periods had applied

to the person within the period of 3 years before that time;

the deferment period worked out under subsection (1) or (2) is

increased, in respect of each administrative breach deferment period,

by:

(c) if the administrative breach deferment period was worked out

under subsection 547A(1)--2 weeks; or

(d) if it was worked out under subsection 547A(2)--4 weeks; or

(e) if it was worked out under subsection 547A(3)--6 weeks.

Note: For "administrative breach deferment period" see section 23.

"(4) If:

(a) a period referred to in paragraph (2)(d) relates to an

application of an automatic deferment provision before 4 July

1994; and

(b) that period had been a period of 2 weeks;

the number of weeks referred to in that paragraph in respect of that

period is taken to be 2.

Note: For "automatic deferment provision" see section 23.

"(5) If:

(a) a period referred to in paragraph (2)(d) relates to an

application of an automatic deferment provision before 4 July

1994; and

(b) the number of weeks in that period had been worked out under the

provision by taking into account one previous application of

that or any other automatic deferment provision;

the number of weeks referred to in that paragraph in respect of that

period is taken to be 4.

Note: For "automatic deferment provision" see section 23.

"(6) A reference in subsection (1) to a person's unemployment duration

is a reference to the period during which the person has been

continuously receiving a job search allowance.

"(7) For the purposes of subsection (6), if the person:

(a) is receiving a job search allowance; and

(b) ceases for a period of not longer than 6 weeks to receive the

allowance; and

(c) at the end of that period resumes receipt of the allowance;

the person is taken to have been continuously receiving the allowance

during that period.

"(8) For the purposes of subsection (6), if the person:

(a) is receiving a job search allowance; and

(b) as a result of the application of an automatic deferment

provision or a discretionary deferment provision, ceases for a

period to receive the allowance; and

(c) at the end of that period resumes receipt of the allowance;

the person is taken to have been continuously receiving the allowance

during that period.

Note: For "automatic deferment provision" and "discretionary deferment

provision" see section 23.

Commencement of activity test deferment periods

"546B.(1) The Secretary may determine in writing the day on which an

activity test deferment period commences. That day may be before the

day of the determination.

Note: For "activity test deferment period" see section 23.

"(2) If the person to whom the period applies is subject to a waiting

period, the Secretary must not determine a day that occurs before or

during the waiting period.

Note: For "waiting period" see section 23.

"(3) A reference in subsection (2) to a waiting period includes a

reference to a liquid assets test waiting period under section 519.'.

34. Before section 547:

Insert:

"Subdivision F--Situations where allowance not payable

(administrative breaches)'.

35. Subsection 547(1):

Omit "deferment period', substitute "administrative breach deferment

period'.

36. Subsections 547(3), (4), (5) and (6):

Omit the subsections.

37. Section 547:

Add at the end the following note:

"Note: See section 547A for the length of administrative breach

deferment periods and section 547B for the commencement of

administrative breach deferment periods.'.

38. After section 547:

Insert:

Administrative breach deferment periods

"547A.(1) Subject to subsections (2), (3) and (4), if an automatic

deferment provision of this Subdivision applies to a person, the

deferment period applicable to the person is 2 weeks.

Note: For "automatic deferment provision" see section 23.

"(2) Subject to subsection (4), if:

(a) subsection (1) applies to a person at a particular time; and

(b) on one occasion only within the period of 3 years before that

time, an administrative breach deferment period applied to the

person;

the deferment period is 6 weeks.

Note: For "administrative breach deferment period" see section 23.

"(3) Subject to subsection (4), if:

(a) an automatic deferment provision of this Subdivision applies to

a person at a particular time; and

(b) an administrative breach deferment period applied to the person

on 2 or more occasions within the period of 3 years before that

time;

the deferment period is 6 weeks plus 6 weeks for each occasion referred

to in paragraph (b) after the first.

Note: For "administrative breach deferment period" see section 23.

"(4) If:

(a) an automatic deferment provision of this Subdivision applies to

a person at a particular time; and

(b) one or more activity test deferment periods had applied to the

person within the period of 3 years before that time;

the deferment period worked out under subsection (1), (2) or (3) is

increased, in respect of each activity test deferment period, by:

(c) if the activity test deferment period was worked out under

paragraph 546A(1)(a)--2 weeks; or

(d) if it was worked out under paragraph 546A(1)(b)--4 weeks; or

(e) if it was worked out under paragraph 546A(1)(c) or subsection

546A(2)--6 weeks.

Note: For "activity test deferment period" see section 23.

Commencement of administrative breach deferment periods

"547B.(1) The Secretary may determine in writing the day on which an

administrative breach deferment period commences. That day may be

before the day of the determination.

Note: For "administrative breach deferment period" see section 23.

"(2) If the person to whom the period applies is subject to a waiting

period, the Secretary must not determine a day that occurs before or

during the waiting period.

Note: For "waiting period" see section 23.

"(3) A reference in subsection (2) to a waiting period includes a

reference to a liquid assets test waiting period under section 519.'.

39. Before section 548:

Insert:

"Subdivision G--Situations where allowance not payable

(other recipient non-compliance)'.

40. Paragraph 608(1)(i):

Omit "section 627', substitute "section 630C'.

41. Subparagraph 608(1)(j)(iv):

Omit "section 677', substitute "section 630C'.

42. Subparagraph 608(1)(j)(v):

After "of the person' insert "(see section 628)'.

43. Subdivision F of Division 1 of Part 2.12 (Heading):

Omit "recipient non-compliance', substitute "activity test breaches'.

44. Subsection 624(1):

Omit "deferment period', substitute "activity test deferment period'.

45. Subsections 624(3), (4), (5) and (6):

Omit the subsections.

46. Section 624:

Add at the end the following note:

"Note: See section 630A for the length of activity test deferment

periods and section 630B for the commencement of activity test

deferment periods.'.

47. Subsection 625(1):

Omit "deferment period', substitute "activity test deferment period'.

48. Subsections 625(3), (4), (5) and (6):

Omit the subsections.

49. Section 625:

Add at the end the following note:

"Note: See section 630A for the length of activity test deferment

periods and section 630B for the commencement of activity test

deferment periods.'.

50. Subsection 626(1):

Omit "deferment period', substitute "activity test deferment period'.

51. Subsections 626(3), (4), (5) and (6):

Omit the subsections.

52. Section 626:

Add at the end the following note:

"Note: See section 630A for the length of activity test deferment

periods and section 630B for the commencement of activity test

deferment periods.'.

53. Subsection 627(4):

Omit "deferment period', substitute "administrative breach deferment

period'.

54. Subsections 627(5), (6), (7) and (8):

Omit the subsections.

55. Section 627:

(a) Renumber as section 630C and reposition at the beginning of

Subdivision G.

(b) Add at the end the following note:

"Note: See section 631A for the length of administrative breach

deferment periods and section 631B for the commencement of

administrative breach deferment periods.'.

56. Subsection 628(1):

Omit "deferment period', substitute "activity test deferment period'.

57. Subsections 628(2), (3), (4) and (5):

Omit the subsections.

58. Section 628:

Add at the end the following note:

"Note: See section 630A for the length of activity test deferment

periods and section 630B for the commencement of activity test

deferment periods.'.

59. Subsection 629(1):

Omit "deferment period', substitute "activity test deferment period'.

60. Subsections 629(2), (3), (4) and (5):

Omit the subsections.

61. Section 629:

Add at the end the following note:

"Note: See section 630A for the length of activity test deferment

periods and section 630B for the commencement of activity test

deferment periods.'.

62. Subsection 630(1):

Omit "deferment period', substitute "activity test deferment period'.

63. Subsections 630(2), (3), (4) and (5):

Omit the subsections.

64. Section 630:

Add at the end the following note:

"Note: See section 630A for the length of activity test deferment

periods and section 630B for the commencement of activity test

deferment periods.'.

65. After section 630:

Insert:

Activity test deferment periods

"630A.(1) Subject to subsections (2) and (3), if an automatic

deferment provision of this Subdivision applies to a person, the

deferment period applicable to the person is:

(a) if, at the time the provision becomes applicable, the person's

unemployment duration is less than 12 months--2 weeks; or

(b) if, at the time the provision becomes applicable, the person's

unemployment duration is 12 months or more, but is less than 18

months--4 weeks; or

(c) if, at that time, the person's unemployment duration is 18

months or more--6 weeks.

Note: For "automatic deferment provision" see section 23.

"(2) Subject to subsections (3) and (4), if:

(a) an automatic deferment provision of this Subdivision applies to

a person at a particular time; and

(b) one or more activity test deferment periods had applied to the

person within the period of 3 years before that time:

the deferment period is 6 weeks plus:

(c) in respect of a period (if any) referred to in paragraph (b) of

this subsection that was fixed under subsection (1), the number

of weeks fixed under that subsection; and

(d) in respect of each other period (if any) referred to in that

paragraph, a further 6 weeks.

Note: For "activity test deferment period" see section 23.

"(3) If:

(a) an automatic deferment provision of this Subdivision applies to

a person at a particular time; and

(b) one or more administrative breach deferment periods had applied

to the person within the period of 3 years before that time;

the deferment period worked out under subsection (1) or (2) is

increased, in respect of each administrative breach deferment period,

by:

(c) if the administrative breach deferment period was worked out

under subsection 631A(1)--2 weeks; or

(d) if it was worked out under subsection 631A(2)--4 weeks; or

(e) if it was worked out under subsection 631A(3)--6 weeks.

Note: For "administrative breach deferment period" see section 23.

"(4) If:

(a) a period referred to in paragraph (2)(d) relates to an

application of an automatic deferment provision before 4 July

1994; and

(b) that period had been a period of 2 weeks;

the number of weeks referred to in that paragraph in respect of that

period is taken to be 2.

Note: For "automatic deferment provision" see section 23.

"(5) If:

(a) a period referred to in paragraph (2)(d) relates to an

application of an automatic deferment provision before 4 July

1994; and

(b) the number of weeks in that period had been worked out under the

provision by taking into account one previous application of

that or any other automatic deferment provision;

the number of weeks referred to in that paragraph in respect of that

period is taken to be 4.

Note: For "automatic deferment provision" see section 23.

"(6) A reference in subsection (1) to a person's unemployment duration

is a reference to the period during which the person has been

continuously receiving:

(a) a newstart allowance; or

(b) a job start allowance followed by a newstart allowance.

"(7) For the purposes of subsection (6), if the person:

(a) is receiving a job search allowance; and

(b) ceases for a period of not longer than 6 weeks to receive the

allowance; and

(c) at the end of that period resumes receipt of the allowance;

the person is taken to have been continuously receiving the allowance

during that period.

"(8) For the purposes of subsection (6), if the person:

(a) is receiving a job search allowance; and

(b) ceases for a period of not longer than 13 weeks to receive the

allowance; and

(c) at the end of that period starts to receive a newstart

allowance;

the person is taken to have been continuously receiving the newstart

allowance during that period.

"(9) For the purposes of subsection (6), if the person:

(a) is receiving a newstart allowance; and

(b) ceases for a period of not longer than 13 weeks to receive the

allowance; and

(c) at the end of that period resumes receipt of the allowance;

the person is taken to have been continuously receiving the allowance

during that period.

"(10) For the purposes of subsection (6), if the person:

(a) is receiving a job search allowance or a newstart allowance; and

(b) as a result of the application of an automatic deferment

provision or a discretionary deferment provision, ceases for a

period to receive the allowance; and

(c) at the end of that period starts to receive a newstart

allowance, or resumes receipt of the newstart allowance, as the

case may be;

the person is taken to have been continuously receiving the newstart

allowance during that period.

Note: For "automatic deferment provision" and "discretionary deferment

provision" see section 23.

Commencement of activity test deferment periods

"630B.(1) The Secretary may determine in writing the day on which an

activity test deferment period commences. That day may be before the

day of the determination.

Note: For "activity test deferment period" see section 23.

"(2) If the person to whom the period applies is subject to a waiting

period, the Secretary must not determine a day that occurs before or

during the waiting period.

Note: For "waiting period" see section 23.

"(3) A reference in subsection (2) to a waiting period includes a

reference to a liquid assets test waiting period under section 598.'.

66. Before section 631:

Insert:

"Subdivision F--Situations where allowance not payable

(administrative breaches)'.

67. Subsection 631(1):

Omit "deferment period', substitute "administrative breach deferment

period'.

68. Subsections 631(3), (4), (5) and (6):

Omit the subsections.

69. Section 631:

Add at the end the following note:

"Note: See section 631A for the length of administrative breach

deferment periods and section 631B for the commencement of

administrative breach deferment periods.'.

70. After section 631:

Insert:

Administrative breach deferment periods

"631A.(1) Subject to subsections (2), (3) and (4), if an automatic

deferment provision of this Subdivision applies to a person, the

deferment period applicable to the person is 2 weeks.

Note: For "automatic deferment provision" see section 23.

"(2) Subject to subsection (4), if:

(a) an automatic deferment provision of this Subdivision applies to

a person at a particular time; and

(b) on one occasion only within the period of 3 years before that

time, an administrative breach deferment period applied to the

person;

the deferment period is 6 weeks.

Note: For "administrative breach deferment period" see section 23.

"(3) Subject to subsection (4), if:

(a) an automatic deferment provision of this Subdivision applies to

a person at a particular time; and

(b) an administrative breach deferment period applied to the person

on 2 or more occasions within the period of 3 years before that

time;

the deferment period is 6 weeks plus 6 weeks for each occasion referred

to in paragraph (b) after the first.

Note: For "administrative breach deferment period" see section 23.

"(4) If:

(a) an automatic deferment provision of this Subdivision applies to

a person at a particular time; and

(b) one or more activity test deferment periods had applied to the

person within the period of 3 years before that time;

the deferment period worked out under subsection (1), (2) or (3) is

increased, in respect of each activity test deferment period, by:

(c) if the activity test deferment period was worked out under

paragraph 630A(1)(a)--2 weeks; or

(d) if it was worked out under paragraph 630A(1)(b)--4 weeks; or

(e) if it was worked out under paragraph 630A(1)(c) or subsection

630A(2)--6 weeks.

Note: For "activity test deferment period" see section 23.

Commencement of administrative breach deferment periods

"631B.(1) The Secretary may determine in writing the day on which an

administrative breach deferment period commences. That day may be

before the day of the determination.

Note: For "administrative breach deferment period" see section 23.

"(2) If the person to whom the period applies is subject to a waiting

period, the Secretary must not determine a day that occurs before or

during the waiting period.

Note: For "waiting period" see section 23.

"(3) A reference in subsection (2) to a waiting period includes a

reference to a liquid assets test waiting period under section 598.'.

71. Before section 632:

Insert:

"Subdivision G--Situations where allowance not payable

(other recipient non-compliance)'.

72. Subparagraph 729(2)(d)(i):

Omit "subsection 543(3) or 627(3)', substitute "subsection 546C(4) or

630C(4)'.

73. Schedule 1A:

Add at the end:

Transitional provision for job search allowance and newstart allowance

deferment periods in force on 1 July 1994

"70. If:

(a) as a result of the application before 4 July 1994 of an

automatic deferment period, a job search allowance or newstart

allowance ceased to be payable for a period commencing before 4

July 1994; and

(b) that period was still continuing immediately before 4 July 1994;

the automatic deferment provision, as in force immediately before 4 July

1994, continues to apply in relation to the period until, in accordance

with that provision, the period ceases.

Saving of job search allowance and newstart allowance deferment

determinations

"71.(1) If:

(a) before 4 July 1994, the Secretary determined under an automatic

deferment provision a day on which a deferment period was to

commence under that provision; and

(b) that day did not occur before 4 July 1994;

the Secretary's determination has effect after 4 July 1994 as if it had

been made under section 546B, 547B, 630B or 631B, whichever is

applicable.

"(2) For the purposes of the operation of subclause (1), subsection

546B(2), 547B(2), 630B(2) or 631B(2), as the case requires, is taken

not to apply.'.".

And of the amendments moved by Senator Woodley to Senator Crowley's

proposed amendments (see entry no. 17, 29 June 1994)--

Senator Woodley, by leave, amended his amendments to read as follows:

Proposed Schedule 2A, item 33, subsection 546B(1), omit the subsection,

substitute the following subsections:

""546B.(1) The Secretary may determine in writing the day on which an

activity test deferment period commences.

"(1A) An activity test deferment period may not commence before the

day the person to whom the period applies:

(a) has been notified in writing of the determination; and

(b) following receipt of that notice, has received two instalments

of job search allowance as if no determination had been made.

"(1B) Where:

(a) the Secretary has made a determination under subsection 546B(1);

then for the purposes of Subdivision E of Part 2.11 and despite any

other provision in that Subdivision:

(b) the person remains qualified for job search allowance until the

person:

(i) has been notified in writing of the determination; and

(ii) following receipt of that notice has received two

instalments of job search allowance.".

Proposed Schedule 2A, item 38, subsection 547B(1), omit the subsection,

substitute the following subsections:

""547B.(1) The Secretary may determine in writing the day on which an

administrative breach deferment period commences.

"(1A) An administrative breach deferment period may not commence

before the day the person to whom the period applies:

(a) has been notified in writing of the determination; and

(b) following receipt of that notice, has received two instalments

of job search allowance as if no determination had been made.

"(1B) Where:

(a) the Secretary has made a determination under subsection 547B(1);

then for the purposes of Subdivision E of part 2.11 and despite any

other provision in that Subdivision:

(b) the person remains qualified for job search allowance until the

person:

(i) has been notified in writing of the determination; and

(ii) following receipt of that notice has received two

instalments of job search allowance.".

Proposed Schedule 2A, item 65, subsection 630B(1), omit the subsection,

substitute the following subsections:

""630B.(1) The Secretary may determine in writing the day on which an

activity test deferment period commences.

"(1A) An activity test deferment period may not commence before the

day the person to whom the period applies:

(a) has been notified in writing of the determination; and

(b) following receipt of that notice, has received two instalments

of newstart allowance as if no determination had been made.

"(1B) Where:

(a) the Secretary has made a determination under subsection 630B(1);

then for the purposes of Subdivision E of part 2.12 and despite any

other provision in that Subdivision:

(b) the person remains qualified for newstart allowance until the

person:

(i) has been notified in writing of the determination; and

(ii) following receipt of that notice has received two

instalments of newstart allowance.".

Proposed Schedule 2A, item 70, subsection 631B(1), omit the subsection,

substitute the following subsections:

""631B.(1) The Secretary may determine in writing the day on which an

administrative breach deferment period commences.

"(1A) An administrative breach deferment period may not commence

before the day the person to whom the period applies:

(a) has been notified in writing of the determination; and

(b) following receipt of that notice, has received two instalments

of newstart allowance as if no determination had been made.

"(1B) Where:

(a) the Secretary has made a determination under subsection 631B(1);

then for the purposes of Subdivision E of Part 2.12 and despite any

other provision in that Subdivision:

(b) the person remains qualified for newstart allowance until the

person:

(i) has been notified in writing of the determination; and

(ii) following receipt of that notice has received two

instalments of newstart allowance.".

Debate ensued.

Question--That Senator Woodley's amendments to Senator Crowley's

proposed amendments be agreed to--put and passed.

Question--That the amendments, as amended, be agreed to--put and passed.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator Chapman) resumed the Chair and the

Temporary Chairman of Committees (Senator McGauran) reported

accordingly.

Senator Crowley moved--That the report from the committee be adopted.

Reference to committee: Senator Patterson moved the following amendment:

At end of motion, add "and the following matters be referred to the

Standing Committee on Rural and Regional Affairs, for inquiry and report

on or before 20 September 1994:

(a) the social and economic implications of the assets test

exemption amendment moved in committee of the whole stage of the

Social Security Legislation Amendment Bill (No. 2) 1994; and

(b) whether the Social Security Act should be amended to exempt from

the assets test for basic family payments and additional family

payments, primary producers' land and primary production plant,

where a full-time primary producer has his or her principal home

on that land and would, but for this assets testing, be entitled

to such social security benefits".

Debate ensued.

Senator Lees moved the following amendment to Senator Patterson's

proposed amendment:

Omit the words proposed to be inserted, substitute "but the Senate

condemns the Government and the Liberal and National Parties for:

(a) combining to raise the pension age for women from 60 to 65; and

(b) failing to recognise the harsh impact of this measure on older

Australian women, particularly those in low-income and casual

employment with little or no access to superannuation".

Question--That Senator Lees's amendment to Senator Patterson's proposed

amendment be agreed to--put and negatived.

Question--That the amendment be agreed to--put and passed.

Main question, as amended, put and passed.

On the motion of Senator Crowley the bill was read a third time.