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STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT BILL 1994
STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE--TRANSITIONAL PROVISIONS
AND CONSEQUENTIAL AMENDMENTS) BILL 1994

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

Minister for Family Services (Senator Crowley)--That these bills be now

read a second time.

Debate resumed.

Senator Margetts moved the following amendment:

At end of motion, add "but the Senate:

(a) notes that the Youth Training Allowance (YTA) which replaces the

Job Search Allowance will encounter enormous difficulties in

administrative efficiency and accountability due to its joint

administration by the Department of Employment, Education and

Training (DEET) and the Department of Social Security (DSS);

(b) further notes that in the Government's attempt to remove the

anomalies between DSS and DEET criteria, it has used the YTA as

a means to usurp the DSS criteria with harsher DEET criteria for

homeless and independent rates of allowance;

(c) calls on the Government to urgently investigate administeringthe

YTA solely through the DSS and governed by DSS legislation; and

(d) resolves that there be laid on the table, by the Minister

representing the Minister for Employment, Education and Training

(Senator Schacht) on or before the first sitting day in 1996, a

report which states:

(i) what action the Minister has taken to investigate transferring

the YTA to DSS legislation and in particular to the Social

Security Act;

(ii) the results of those investigations; and

(iii) the Government's proposals to address the urgent need to

administer the YTA through one body and the application of

broader DSS qualifying definitions for independence and

homelessness than are currently held for DEET allowance

recipients".

Debate ensued.

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

Main question put and passed.

Bills read a second time.

The Senate resolved itself into committee for the consideration of the

bills.

In the committee

Explanatory memoranda: The Minister for Small Business, Customs and

Construction (Senator Schacht) tabled supplementary explanatory

memoranda [4] relating to the Government amendments and requests for

amendments to be moved to the bills.

STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE) AMENDMENT BILL 1994--

Bill taken as a whole by leave.

Senator Schacht moved the following amendments and requests for

amendments together by leave:

Amendments:

Clause 5, page 2, lines 9 to 18, omit the clause, substitute the

following clause:

Interpretation

"5. Section 3 of the Principal Act is amended:

(a) by omitting the definition of "officer' from subsection (1) and

substituting the following definition:

" "officer" means a person performing duties, or exercising powers

or functions, under or in relation to this Act and, in relation to a

provision of Division 3 of Part 10, includes:

(a) a person who has been such a person; and

(b) a person who is or has been appointed or employed by the

Commonwealth and who, as a result of that appointment or

employment, may acquire or has acquired information

concerning a person under this Act; and

(c) a person who, although not appointed or employed by the

Commonwealth, performs or did perform services for the

Commonwealth and who, as a result of performing those

services, may acquire or has acquired information concerning

a person under this Act;';

(b) by omitting from subsection (1) the definitions of "authorised

person' and "prescribed officer';

(c) by inserting in subsection (1) the following definitions:

" "protected information" means information about a person that is

held in the records of the Department of Employment, Education and

Training or of the Department of Social Security;

"student assistance benefit" means a payment under:

(a) the AUSTUDY scheme; or

(b) the Student Financial Supplement Scheme; or

(c) a current or former special educational assistance

scheme;'.".

Clause 6, page 2, lines 19 to 21, omit the clause, substitute the

following clause:

Repeal of section

"6. Section 4 of the Principal Act is repealed.".

Clause 7, page 2, lines 22 to 24, omit the clause, substitute the

following clause:

Binding of the Crown

"7. Subsection 5(1) of the Principal Act is repealed and the following

subsection is substituted:

"(1) This Act other than:

(a) Part 8 but subject to section 249; and

(b) Part 9, in so far as it relates to youth training allowance; and

(c) Part 10, in so far as it relates to youth training allowance but

subject to subsection 331(2);

binds the Crown in all its capacities.'.".

Clause 8, page 3, proposed section 5C, note, lines 19 to 21, omit the

note, substitute the following note:

"Note: In administering this Act, the Secretary is also bound by the

Privacy Act 1988 and by the provisions of this Act concerning

confidentiality--see Division 3 of Part 10.".

After clause 8, page 3, insert the following clauses:

Benefits under the AUSTUDY scheme

"8A. Section 7 of the Principal Act is amended by omitting from

subsection (1) "an authorised person' and substituting "the

Secretary'.

Advances on account of benefit

"8B. Section 11 of the Principal Act is amended by omitting "An

authorised person' and substituting "The Secretary'.

Secretary to give student notice of entitlement

"8C. Section 12F of the Principal Act is amended:

(a) by omitting from subsection (1) "An authorised person' and

substituting "The Secretary';

(b) by omitting from subsection (2) "an authorised person' and

substituting "the Secretary';

(c) by omitting from subsection (3) "an authorised person' and

substituting "the Secretary'.

Payments to stop if student ceases to be eligible for financial

supplement

"8D. Section 12R of the Principal Act is amended:

(a) by omitting from subsection (1) "an authorised person' and

substituting "the Secretary';

(b) by omitting from subsection (1) "the authorised person' and

substituting "the Secretary';

(c) by omitting from subsection (2) "the authorised person' and

substituting "the Secretary'.

What happens if student fails to notify change in circumstances

"8E. Section 12S of the Principal Act is amended:

(a) by omitting from subsection (1) "a prescribed officer' and

substituting "the Secretary';

(b) by omitting from subsection (1) "the prescribed officer' and

substituting "the Secretary';

(c) by omitting from subsection (2) "the prescribed officer' and

substituting "the Secretary';

(d) by omitting from paragraph (2)(a) "an authorised person' and

substituting "the Secretary'.

Payments to stop if student is found never to have been eligible for

financial supplement

"8F. Section 12T of the Principal Act is amended:

(a) by omitting from paragraph (1)(b) "an authorised person' and

substituting "the Secretary';

(b) by omitting from subsection (1) "the authorised person' and

substituting "the Secretary';

(c) by omitting from subsection (2) "the authorised person' and

substituting "the Secretary'.

What happens if financial supplement was paid because of provision of

false or misleading information

"8G. Section 12U of the Principal Act is amended:

(a) by omitting from subsection (1) "a prescribed officer' and

substituting "the Secretary';

(b) by omitting from subsection (1) "the prescribed officer' and

substituting "the Secretary' ;

(c) by omitting from subsection (2) "the prescribed officer' and

substituting "the Secretary'.

Death of student

"8H. Section 12V of the Principal Act is amended by omitting from

subsection (1) "an authorised person' and substituting "the

Secretary'.

Notice and a certificate to Commissioner

"8J. Section 12ZH of the Principal Act is amended by omitting from

subsection (3) "arrange for a prescribed officer to'.

Explanation of Division

"8K. Section 12ZV of the Principal Act is amended by omitting from

paragraph (b) "by authorised persons or prescribed officers' and

substituting "by the Secretary'.

What happens if a decision of Secretary is set aside or varied

"8L. Section 12ZX of the Principal Act is amended by omitting "an

authorised person or a prescribed officer' and substituting "the

Secretary'.

Repeal of Part 5

"8M. Part 5 of the Principal Act is repealed.

Recovery of certain overpayments by offsetting

"8N. Section 38 of the Principal Act is amended:

(a) by omitting from subsection (2) "a prescribed officer' and

substituting "the Secretary';

(b) by omitting from subsection (4) "a prescribed officer' and

substituting "the Secretary';

(c) by omitting from paragraph (4)(b) "the prescribed officer' and

substituting "the Secretary';

(d) by omitting from subsection (5) "a prescribed officer' and

substituting "the Secretary'.

Late payment charge and interest in relation to overpayment of a benefit

"8P. Section 40 of the Principal Act is amended:

(a) by omitting from subsection (1A) "a prescribed officer' and

substituting "the Secretary';

(b) by omitting from subsection (5) "paragraph 43(2)(c)' and

substituting "section 284 as applied under subsection 43(2)';

(c) by omitting from subsection (6) "a prescribed officer' and

substituting "the Secretary'.

Determination that late payment interest not to be payable in relation

to certain periods

"8Q. Section 41 of the Principal Act is amended:

(a) by omitting from subsection (1) "Minister or a prescribed

officer' and substituting "Secretary';

(b) by omitting from subsection (4) "Minister or the prescribed

officer' and substituting "Secretary';

(c) by omitting subsection (7).

Recovery of certain overpayments from third parties

"8R. Section 42 of the Principal Act is amended:

(a) by omitting from subsection (3) "A prescribed officer' and

substituting "The Secretary';

(b) by omitting from subsection (6) "The prescribed officer' and

substituting "The Secretary';

(c) by omitting from paragraph (9)(a) "a prescribed officer' and

substituting "the Secretary';

(d) by omitting from subsection (13) "a prescribed officer' and

substituting "the Secretary';

(e) by omitting from paragraph (13)(b) "the prescribed officer' and

substituting "the Secretary';

(f) by omitting from subsection (14) "a prescribed officer' and

substituting "the Secretary'.".

Clause 9, page 3, line 24, omit "subsection", substitute "subsections".

Clause 9, page 3, proposed subsection 43(2), lines 25 to 27, omit the

subsection, substitute the following subsections:

" "(2) Section 284 and Subdivision D of Division 15 of Part 8 apply to

recoverable amounts referred to in subsection (1) in the same way as

that section and that Subdivision apply to debts recoverable by the

Commonwealth under Subdivision B of Division 15 of that Part.

"(3) In the application of Subdivision D of Division 15 of Part 8 to

recoverable amounts referred to in subsection (1), that Subdivision

has effect as if the reference in subsection 289(5) to $200 were a

reference to $50.'.".

After clause 9, page 3, insert the following clause:

Repeal of section

"9A. Section 44 of the Principal Act is repealed.".

Clause 10, line 28 (page 3) to line 6 (page 4), omit the clause,

substitute the following clause:

Repeal of sections

"10. Sections 45 to 47 of the Principal Act are repealed.".

Clause 12, page 4, lines 10 to 12, omit the clause, substitute the

following clause:

Offences

"12. Section 49 of the Principal Act is amended:

(a) by inserting "other than Part 8' after "Act' (wherever

occurring);

(b) by omitting from subsection (3) "a prescribed officer' and

substituting "the Secretary'.".

Clause 14, page 4, lines 21 to 23, omit the clause, substitute the

following clauses:

Evidentiary certificates

"14. Section 51 of the Principal Act is amended:

(a) by omitting from subsection (1) "a prescribed officer' (twice

occurring), and substituting "the Secretary';

(b) by inserting in paragraph (1)(a) "other than Part 8' after

"Act';

(c) by omitting from subsection (2) "by a prescribed officer' and

substituting "by the Secretary';

(d) by omitting from paragraph (2)(h) "an authorised person or a

prescribed officer' and substituting "the Secretary';

(e) by omitting from subsection (3) "a prescribed officer' and

substituting "the Secretary'.

Repeal of sections

"14A. Sections 52, 53 and 54 of the Principal Act are repealed.".

Clause 15, page 4, lines 24 and 25, omit the clause.

Clause 16, page 4, proposed paragraph 55A(1B)(a), line 31, after "Part

8", insert "(other than section 136)".

Clause 17, line 35 (page 4) to line 13 (page 5), omit the clause,

substitute the following clauses:

Repeal of section

"17. Section 55B of the Principal Act is repealed.

Regulations

"17A. Section 56 of the Principal Act is amended by omitting paragraph

(c).".

Clause 18, page 5, line 15, omit "Part", substitute "Parts".

Clause 18, page 5, proposed section 57, lines 19 to 32, omit the

section, substitute the following section:

Application of Part 1.2 of the Social Security Act

" "57.(1) Subject to subsection (4), the provisions of Part 1.2 of the

Social Security Act apply for the purposes:

(a) of this Part; and

(b) of Parts 9 and 10 in so far as those Parts apply to youth

training allowance.

"(2) Without limiting the generality of subsection (1), if a provision

of Part 1.2 of the Social Security Act applies only for the purposes

of a particular provision or particular provisions of that Act, then,

subject to subsection (4), the first-mentioned provision also applies

for the purposes of any provision:

(a) of this Part; or

(b) of Part 9 or 10 in so far as that Part applies to youth training

allowance;

that corresponds to that particular provision or those particular

provisions of the Social Security Act.

"(3) In applying a provision of Part 1.2 of the Social Security Act

under subsection (1) or (2) for the purposes:

(a) of this Part or a provision of this Part; or

(b) of Part 9 or 10, or a provision of Part 9 or 10, in so far as

that Part applies to youth training allowance;

this Part, and Parts 9 and 10 in so far as they so apply, are to be

treated as if they were incorporated in the Social Security Act.

"(4) A provision of Part 1.2 of the Social Security Act only applies

under subsection (1) or (2) in so far as it is not inconsistent:

(a) with this Part; and

(b) with Parts 9 and 10 in so far as those Parts apply to youth

training allowance.".

Clause 18, page 7, proposed subsection 58(1), definition of "employer",

line 5, omit the definition, substitute the following definition:

" "entry contribution' has the same meaning as in section 1147 of the

Social Security Act;".

Clause 18, page 7, proposed subsection 58(1), definition of "officer",

lines 20 to 23, omit the definition.

Clause 18, page 7, proposed subsection 57(1), definition of "parent",

line 26, after "(except in", insert "Part 2 of ".

Clause 18, page 11, proposed subsection 62(1), line 24, omit "Part",

substitute "Act".

Clause 18, page 11, proposed subsection 62(2), line 31, omit "Part",

substitute "Act".

Clause 18, page 54, proposed subsection 101(3), note, line 4, omit

"541C(3)", substitute "7(1)".

Clause 18, page 54, proposed subsection 102(2), note, line 39, omit

"541C(3)", substitute "7(1)".

Clause 18, page 111, proposed subsection 200(2), heading, line 33, after

"subject to", insert "section".

Clause 18, page 114, proposed section 206, note 2, line 8, after

"section", insert "58 of this Act and section".

Clause 18, page 151, proposed section 256, line 27, omit "PA item 8

rate", substitute "PA item 9 rate".

Clause 18, page 181, proposed Division 16, heading, line 28, omit the

heading, substitute the following heading:

" "PART 9--REVIEW OF DECISIONS".

Clause 18, page 181, proposed Subdivision A, heading, line 29, omit the

heading, substitute the following heading:

" "Division 1--Internal review".

Clause 18, page 181, before proposed section 292, insert the following

section and note:

Application of Division

" "291A. Unless otherwise stated, this Division applies to:

(a) all decisions of an officer under this Act relating to the

AUSTUDY scheme; or

(b) all decisions of an officer under this Act relating to the

Student Financial Supplement Scheme; or

(c) all decisions of an officer under this Act relating to the

recovery of amounts paid under a current or former special

educational assistance scheme; or

(d) all decisions of an officer under this Act relating to the youth

training allowance (including a decision under section 80 to the

extent to which it relates to the terms of a Youth Training

Activity Agreement that is in force).

Note: For "officer" see subsection 3(1).".

Clause 18, page 181, proposed subsection 292(1), lines 32 and 33, omit

"a decision of an officer under this Part", substitute "a decision to

which this Division applies".

Clause 18, page 181, proposed subsection 292(1), note, lines 34 to 39,

omit the note, substitute the following note:

"Note: If a payment made under Part 8 is stopped or a rate of payment

is varied because of the operation of a computer program there

will still be a decision of an officer for review purposes.

Section 159 provides that there is a decision of the Secretary

if Part 8 operates automatically to terminate or reduce the

rate of a youth training allowance. If the Secretary could have

made a determination to suspend or cancel, or increase or

reduce the rate of, a youth training allowance, section 164

provides that the determination is taken to have been made.".

Clause 18, page 182, proposed subsection 292(7), line 38, omit "Part",

substitute "Act".

Clause 18, page 183, proposed subsection 293(1), line 3, omit "a

decision of an officer under this Part", substitute "a decision to which

this Division applies".

Clause 18, page 183, proposed subsection 293(1), notes 1 and 2, lines 5

to 11, omit the notes, substitute the following note:

"Note: If a payment made under Part 8 is stopped or a rate of payment

is varied because of the operation of a computer program there

will still be a decision of an officer for review purposes.

Section 159 provides that there is a decision of the Secretary

if Part 8 operates automatically to terminate or reduce the

rate of a youth training allowance. If the Secretary could have

made a determination to suspend or cancel, or increase or

reduce the rate of, a youth training allowance, section 164

provides that the determination is taken to have been made.".

Clause 18, page 183, before proposed subsection 293(2), insert the

following subsection:

Period within which application for internal review to be sought

" "(1A) If a decision referred to in subsection (1) is a decision

relating to a matter other than youth training allowance, the

application under subsection (1) must be made within 3 months, or

within such longer period as the Secretary, in special circumstances,

allows, after the making of the decision.".

Clause 18, page 183, proposed subsection 293(4), line 25, after "the

person is", insert ", if the application to the Tribunal is made within

any applicable time limit under subsection (1A),".

Clause 18, page 183, proposed paragraph 294(1)(a), lines 32 and 33, omit

the paragraph, substitute the following paragraph:

"(a) a decision to which this Division applies is an adverse

decision; and".

Clause 18, page 183, proposed subsection 294(1), lines 39 and 40, omit

"the youth training allowance", substitute "benefit under the AUSTUDY

scheme, Financial Supplement, or youth training allowance, to which the

decision relates".

Clause 18, page 184, proposed subsection 294(2), lines 1 to 4, omit the

subsection, substitute the following subsection:

Application of Act

" "(2) While a declaration under subsection (1) is in force in

relation to the adverse decision, this Act (other than this Part)

applies as if the adverse decision had not been made.".

Clause 18, page 184, proposed subsection 294(4), line 18, omit "Part",

substitute "Act".

Clause 18, page 184, proposed subsection 294(5), definition of "adverse

decision", lines 23 to 25, omit the definition, substitute the following

definition:

" "adverse decision' means:

(a) in relation to the AUSTUDY scheme--a decision:

(i) to amend a determination of benefit under the AUSTUDY scheme

by reducing the rate of benefit payable; or

(ii) to replace a determination of benefit under the scheme by

substituting a new determination of a lesser rate; or

(b) in relation to Financial Supplement--a decision under section

12R or 12T to stop the payment of Financial Supplement; or

(c) in relation to youth training allowance:

(i) a decision to cancel or suspend the allowance; or

(ii) a decision to reduce the rate of the allowance.".

Clause 18, page 185, proposed subsection 295(3), line 13, omit "Part",

substitute "Act".

Clause 18, page 186, proposed paragraph 297(1)(a), line 21, omit "Part",

substitute "Act".

Clause 18, page 187, proposed Subdivision B, heading, line 1, omit the

heading, substitute the following heading:

" "Division 2--Review by Social Security Appeals Tribunal ".

Clause 18, page 187, proposed section 298, lines 2 to 6, omit the

section, substitute the following section and note:

Application of Division

" "298. Unless otherwise stated, this Division applies to:

(a) all decisions of an officer under this Act relating to the

AUSTUDY scheme; or

(b) all decisions of an officer under this Act relating to the

Student Financial Supplement Scheme; or

(c) all decisions of an officer under this Act relating to the

recovery of amounts paid under a current or former special

educational assistance scheme; or

(d) all decisions of an officer under this Act relating to the youth

training allowance (including a decision under section 80 to the

extent to which it relates to the terms of a Youth Training

Activity Agreement that is in force).

Note: For "officer" see subsection 3(1).".

Clause 18, page 187, proposed section 299, line 9, omit "Part",

substitute "Act".

Clause 18, page 187, proposed subsection 300(1), note, lines 22 to 27,

omit the note, substitute the following note:

"Note: If a payment made under Part 8 is stopped or a rate of payment

is varied because of the operation of a computer program there

will still be a decision of an officer for review purposes.

Section 159 provides that there is a decision of the Secretary

if Part 8 operates automatically to terminate or reduce the

rate of a youth training allowance. If the Secretary could have

made a determination to suspend or cancel, or increase or

reduce the rate of, a youth training allowance, section 164

provides that the determination is taken to have been made.".

Clause 18, page 187, at end of proposed section 300, add the following

subsection:

Period within which application for review by SSAT to be sought

" "(3) If the decision last referred to in subsection (1) is a

decision affirming, varying or setting aside a decision relating to a

matter other than a youth training allowance, the application under

subsection (1) to the Social Security Appeals Tribunal for review of

the decision as affirmed, as varied or as substituted for the decision

set aside must be made within 3 months, or within such longer period

as the Secretary, in special circumstances, allows after the original

decision was affirmed, varied or set aside by the Secretary or an

authorised review officer.".

Clause 18, page 188, before proposed paragraph 302(a), insert the

following paragraph:

"(aa) requesting information or evidence about a student's

eligibility for benefit under the AUSTUDY scheme; or".

Clause 18, page 188, proposed paragraph 303(1)(a), lines 17 and 18, omit

the paragraph, substitute the following paragraph:

"(a) a decision to which this Division applies is an adverse

decision; and".

Clause 18, page 188, proposed subsection 303(1), line 24, omit "the

youth training allowance", substitute "benefit under the AUSTUDY scheme,

Financial Supplement or youth training allowance to which the decision

relates".

Clause 18, page 188, proposed subsection 303(3), lines 29 to 32, omit

the subsection, substitute the following subsection:

Act applies as if decision not made

" "(3) While a declaration under subsection (1) is in force in

relation to the adverse decision, this Act (other than this Part)

applies as if the adverse decision had not been made.".

Clause 18, page 189, proposed subsection 303(5), line 8, omit "Part",

substitute "Act".

Clause 18, page 189, proposed subsection 303(6), definition of "adverse

decision", lines 13 to 15, omit the definition, substitute the following

definition:

" "adverse decision' means:

(a) in relation to the AUSTUDY scheme--a decision:

(i) to amend a determination of benefit under the AUSTUDY scheme

by reducing the rate of benefit payable; or

(ii) to replace a determination of benefit under the scheme by

substituting a new determination of a lesser rate; or

(b) in relation to Financial Supplement--a decision under section

12R or 12T to stop the payment of Financial Supplement; or

(c) in relation to youth training allowance:

(i) a decision to cancel or suspend the allowance; or

(ii) a decision to reduce the rate of the allowance.".

Clause 18, page 189, proposed paragraph 304(2)(e), line 36, omit "this

Part (other than this Division)", substitute "this Act (other than this

Part)".

Clause 18, page 190, before proposed subsection 305(2), insert the

following subsection:

" "(1A) If the Social Security Appeals Tribunal sets a decision aside

and substitutes for it:

(a) a decision that a person is entitled to benefit under the

AUSTUDY scheme and Financial Supplement; or

(b) a decision that a person is entitled to Financial Supplement;

the Tribunal must:

(c) assess the rate at which benefit under the AUSTUDY scheme and

Financial Supplement, or Financial Supplement, is to be paid to

the person; or

(d) ask the Secretary to assess the rate at which benefit under the

AUSTUDY scheme and Financial Supplement, or Financial

Supplement, is to be paid to the person.".

Clause 18, page 190, proposed subsection 305(3), line 28, omit "Part",

substitute "Act".

Clause 18, page 190, proposed subsection 305(3), line 29, omit "Part",

substitute "Act".

Clause 18, page 190, proposed subsection 305(4), line 32, omit "Part",

substitute "Act".

Clause 18, page 190, proposed paragraph 305(4)(b), lines 36 and 37, omit

the paragraph, substitute the following paragraphs:

"(b) a provision dealing with the manner of payment of benefit under

the AUSTUDY scheme, Financial Supplement or youth training

allowance; or

(ba) subsection 42(3) (notice requiring payment to the

Commonwealth); or ".

Clause 18, page 191, proposed subsection 305(5), line 17, omit

"Subdivision", substitute "Division".

Clause 18, page 192, proposed paragraph 307(4)(a), line 11, omit "a

decision under this Part", substitute "a decision to which this Division

applies that relates to youth training allowance".

Clause 18, page 192, proposed paragraph 307(5)(a), line 35, after

"decision", insert "to which this Division applies".

Clause 18, page 193, proposed subsection 309(1), lines 17 to 22, omit

all words before paragraph (b), substitute the following:

" "309.(1) A person may apply to the Social Security Appeals Tribunal

for review of a decision by:

(a) sending or delivering a written application to:

(i) an office of the Tribunal; or

(ii) an office of the Department; or

(iii) in the case of a review of a decision relating to youth

training allowance--an office of the Department of Social

Security; or ".

Clause 18, page 194, proposed paragraph 311(1)(b), line 29, omit "to the

Department of Social Security".

Clause 18, page 194, after proposed subsection 311(1), insert the

following subsection:

Meaning of Secretary in certain circumstances

" "(1A) For the purposes of subsection (1), if a decision is made on

the basis of issues determined solely by officers of the Department of

Social Security, the Secretary referred to in paragraph (1)(b) is the

Secretary to that Department.".

Clause 18, page 195, proposed Subdivision C, heading, line 5, omit the

heading, substitute the following heading:

" "Division 3--Right to review by Administrative Appeals Tribunal ".

Clause 18, page 195, proposed section 312, lines 6 to 8, omit the

section, substitute the following section and note:

Application of Division

" "312. Unless otherwise stated, this Division applies to:

(a) all decisions of an officer under this Act relating to the

AUSTUDY scheme; or

(b) all decisions of an officer under this Act relating to the

Student Financial Supplement Scheme; or

(c) all decisions of an officer under this Act relating to the

recovery of amounts paid under a current or former special

educational assistance scheme; or

(d) all decisions of an officer under this Act relating to the youth

training allowance (including a decision under section 80 to the

extent to which it relates to the terms of a Youth Training

Activity Agreement that is in force).

Note: For "officer" see subsection 3(1).".

Clause 18, page 195, proposed subsection 313(4), line 37, omit

"Subdivision", substitute "Division".

Clause 18, page 196, proposed Subdivision D, heading, lines 34 and 35,

omit the heading, substitute the following heading:

" "Division 4--Modification of the

Administrative Appeals Tribunal Act 1975 ".

Clause 18, page 196, proposed section 316, line 37, omit "Subdivision",

substitute "Division".

Clause 18, pages 197 and 198, proposed subsections 320(1) and (2), line

35 (page 197) to line 10 (page 198), omit the subsections, substitute

the following subsections:

Certain references in the AAT Act taken to be references to a Secretary

" "320.(1) The Administrative Appeals Tribunal Act 1975 applies to an

application for review under section 313 as if references in section

37 of that Act to the person who made the decision that is the subject

of an application for review by the Administrative Appeals Tribunal

were:

(a) if the decision was a decision other than a decision referred to

in paragraph (b)--the Secretary; and

(b) if the decision was a decision relating to youth training

allowance and was made on the basis of issues determined solely

by officers of the Department of Social Security--the Secretary

to that Department.

Compliance with obligations under paragraph 37(1)(a) of AAT Act

"(2) If a person applies to the Administrative Appeals Tribunal under

section 313 for a review of a decision, the Secretary or the Secretary

to the Department of Social Security, as the case requires, is taken

to have complied with his or her obligations under paragraph 37(1)(a)

of the Administrative Appeals Tribunal Act 1975 in relation to the

decision if he or she gives the Administrative Appeals Tribunal the

prescribed number of copies of the statement prepared by the Social

Security Appeals Tribunal under paragraph 128(1)(a) of the Social

Security Act.".

Clause 18, page 198, proposed subsection 320(3), note 1, line 26, before

"a copy of the statement", insert ", or the Secretary to the Department

of Social Security,".

Clause 18, page 198, proposed subsection 320(3), note 1, lines 26 and

27, omit "the Secretary to the Department of Social Security has

possession of the statement and the relevant documents, the Secretary",

substitute "the Secretary, or the Secretary to the Department of Social

Security, as the case requires, has possession of the statement and

relevant documents, he or she".

Clause 18, page 199, proposed paragraph 322(2)(d), line 23, omit "to the

Department of Social Security".

Clause 18, page 199, proposed section 323, lines 34 and 35, omit "were a

reference to the Secretary to the Department of Social Security.",

substitute:

"were:

(a) if the decision was a decision other than a decision referred to

in paragraph (b)--the Secretary; and

(b) if the decision was a decision relating to youth training

allowance and was made on the basis of issues determined solely

by officers of the Department of Social Security--the Secretary

to that Department.".

Clause 18, page 200, proposed Division 17, heading, line 1, omit the

heading, substitute the following heading:

" "PART 10--ADMINISTRATION".

Clause 18, page 200, proposed Subdivision A, heading, line 2, omit the

heading, substitute the following heading:

" "Division 1--General administration ".

Clause 18, page 200, proposed subsection 324(1), line 6, omit "Part",

substitute "Act".

Clause 18, page 200, proposed subsection 324(3), line 17, omit "Part",

substitute "Act".

Clause 18, page 200, proposed subsection 324(4), line 21, omit "Part",

substitute "Act".

Clause 18, page 200, proposed section 325, line 28, omit "Division 16",

substitute "Part 9".

Clause 18, page 200, proposed section 326, lines 29 to 35, omit the

section, substitute the following section:

The Secretary and the Secretary to the Department of Social Security may

agree on administrative arrangements for Parts 8, 9 and 10

" "326. The Secretary and the Secretary to the Department of Social

Security may, to further the objectives:

(a) of Part 8; and

(b) of Part 9 and this Part, in so far as they relate to Part 8;

agree on administrative arrangements under which officers of the

Department of Social Security perform duties, or exercise powers or

functions, under or in relation to Part 8, and under and in relation to

Part 9 and this Part in so far as they so relate.".

Clause 18, page 201, proposed subsection 327(1), line 4, omit "Part",

substitute "Act".

Clause 18, page 201, proposed subsection 327(4), note 2, line 26, omit

the note, substitute the following note:

"Note 2: For "officer' see subsection 3(1).".

Clause 18, page 201, proposed subsection 328(1), line 31, omit "Part",

substitute "Act".

Clause 18, page 202, proposed subsection 329(1), line 3, omit "Part",

substitute "Act".

Clause 18, page 202, proposed subsection 329(2), line 5, omit "Part",

substitute "Act".

Clause 18, page 202, proposed subsection 330(1), lines 7 to 18, omit the

subsection, substitute the following subsections and note:

Notice of decisions

Notices other than notices under Part 8 taken to have been given

" "330.(1) If notice of a decision under a Part of this Act other than

Part 8 is:

(a) delivered to a person personally; or

(b) left at the address of the place of residence or business of the

person last known to the Secretary; or

(c) sent by pre-paid post to the address of the place of residence

or business of the person last known to the Secretary;

notice of the decision is taken, for the purposes of this Act, to have

been given to the person even if the Secretary is satisfied that the

person did not actually receive the notice.

Note: Compare section 28A of the Acts Interpretation Act 1901.

Notices under Part 8 to have been given

"(1A) If notice of a decision under Part 8 is:

(a) delivered to a person personally; or

(b) left at the address of the place of residence or business of the

person last known to the Secretary, or to the Secretary to the

Department of Social Security; or

(c) sent by pre-paid post to the address of the place of residence

or business of the person last known to the first-mentioned

Secretary, or to the Secretary to the Department of Social

Security;

notice of the decision is taken, for the purposes of this Act, to have

been given to the person even if the first-mentioned Secretary is

satisfied that the person did not actually receive the notice.".

Clause 18, page 202, proposed subsection 330(2), line 21, omit "Part",

substitute "Act".

Clause 18, page 202, proposed subsection 330(3), line 25, omit "Part",

substitute "Act".

Clause 18, page 202, proposed subsection 330(4), lines 33 to 36, omit

all words after "in relation to other notices", substitute "under this

Act".

Clause 18, page 203, proposed Subdivision B, heading, line 1, omit the

heading, substitute the following heading:

" "Division 2--Information gathering ".

Clause 18, page 203, proposed subsection 331(1), line 4, omit

"Subdivision", substitute "Division".

Clause 18, page 203, proposed subsection 331(2), line 9, omit

"Subdivision", substitute "Division".

Clause 18, page 203, proposed subsection 331(3), line 13, omit

"Subdivision", substitute "Division".

Clause 18, page 203, at end of proposed section 331, add the following

subsection:

Operation of section 12ZU unaffected

" "(4) Nothing in this Division affects the operation of section

12ZU.".

Clause 18, page 203, proposed section 332, lines 16 to 28, omit the

section, substitute the following section:

General power to obtain information

Secretary may require information concerning student assistance benefits

" "332.(1) The Secretary may require a person to give information, or

to produce a document that is in the person's custody or under the

person's control, to the Department if the Secretary considers that

the information or document may be relevant to:

(a) whether a person who has made a claim for a student assistance

benefit under this Act is or was qualified for the benefit; or

(b) whether a student assistance benefit under this Act is payable

to a person who is receiving it; or

(c) whether a student assistance benefit under this Act was payable

to a person who has received it; or

(d) the rate of a student assistance benefit that applies or applied

to a person.

Secretary may require information concerning youth training allowances

"(2) The Secretary may require a person to give information, or

produce a document that is in the person's custody or under the

person's control, to the Department, or to the Department of Social

Security, as the case requires, if the Secretary considers that the

information or document may be relevant to:

(a) whether a person who has made a claim for youth training

allowance is or was qualified for the allowance; or

(b) whether youth training allowance is payable to a person who is

receiving it; or

(c) whether youth training allowance was payable to a person who has

received it; or

(d) the rate of youth training allowance that applies or applied to

a person.".

Clause 18, pages 203 and 204, proposed subsection 333(1), line 32 (page

203) to line 7 (page 204), omit the subsection, substitute the following

subsections and note:

Power to obtain information from a person who owes a debt to the

Commonwealth

Information from persons owing debts under Parts of Act other than Part

8

" "333.(1) The Secretary may require a person who owes a debt to the

Commonwealth under this Act in relation to a student assistance

benefit:

(a) either to:

(i) give to the Department information that is relevant to the

person's financial situation; or

(ii) produce to the Department a document that is in the

person's custody or under the person's control and is

relevant to the person's financial situation; and

(b) if the person's address changes--to notify the Department of the

new address within 14 days of the change.

Note: A requirement under this subsection may be sent to a company as

well as to a natural person--paragraph 22(1)(a) of the Acts

Interpretation Act 1901 provides that "person" includes a body

corporate.

"(1A) The Secretary may require a person who owes a debt to the

Commonwealth under this Act in relation to youth training allowance:

(a) either to:

(i) give to the Department of Social Security informationthat is

relevant to the person's financial situation; or

(ii) produce to the Department of Social Security a document

that is in the person's custody or under the person's

control and is relevant to the person's financial

situation; and

(b) if the person's address changes--to notify the Department of

Social Security of the new address within 14 days of the

change.".

Clause 18, page 204, proposed section 334, lines 13 to 23, omit the

section, substitute the following section:

Power to obtain information about a person who owes a debt to the

Commonwealth

Secretary may require information etc. concerning debts under Act other

than Part 8

" "334.(1) If the Secretary believes that a person may have

information or a document:

(a) that would help the Department locate another person who owes a

debt to the Commonwealth under this Act in relation to a student

assistance benefit; or

(b) that is relevant to the financial situation of a person referred

to in paragraph (a);

the Secretary may require the first-mentioned person to give the

information, or produce the document, to the Department.

Secretary may require information etc. concerning debts under Part 8

"(2) If the Secretary believes that a person may have information or a

document:

(a) that would help the Department of Social Security locate another

person who owes a debt to the Commonwealth under this Act in

relation to youth training allowance; or

(b) that is relevant to the financial situation of a person referred

to in paragraph (a);

the Secretary may require the first-mentioned person to give the

information, or produce the document, to the Department of Social

Security.".

Clause 18, page 207, proposed section 337, line 8, omit "Part",

substitute "Act".

Clause 18, page 207, proposed Subdivision C, heading, line 27, omit the

heading, substitute the following heading:

" "Division 3--Confidentiality ".

Clause 18, page 207, before proposed section 339, insert the following

section:

Operation of section 12ZU unaffected

" "338A. Nothing in this Division affects the operation of section

12ZU.".

Clause 18, page 207, proposed subsection 339(1), line 31, omit "Part",

substitute "Act".

Clause 18, page 208, proposed subsection 339(3), line 7, omit

"Division", substitute "Part".

Clause 18, page 208, proposed subsection 339(3), line 9, after "of ",

insert "the Child Support (Assessment) Act 1989 or ".

Clause 18, page 208, proposed subparagraph 340(b)(i), line 14, omit

"Part", substitute "Act".

Clause 18, page 208, proposed section 340, notes 2 and 3, lines 26 to

28, omit the notes, substitute the following notes:

"Note 2: A person, including an officer, is authorised to obtain

protected information for the purposes of this Act (see

subsection 339(1)).

Note 3: For "protected information' see subsection 3(1).".

Clause 18, page 208, proposed paragraph 341(b), line 38, omit "Part",

substitute "Act".

Clause 18, page 209, proposed section 341, note 2, line 11, omit "Part",

substitute "Act".

Clause 18, page 209, proposed section 342, line 15, omit "Part",

substitute "Act".

Clause 18, page 209, proposed section 342, line 20, omit "Part",

substitute "Act".

Clause 18, page 209, proposed paragraph 343(1)(a), line 34, omit "Part",

substitute "Act".

Clause 18, page 209, after proposed paragraph 343(1)(b), insert the

following paragraph:

"(ba) disclose any such information to a contracted case manager

within the meaning of the Employment Services Act 1994 for the

purposes of that Act; or ".

Clause 18, page 210, proposed subsection 344(2), note, line 25, omit the

note.

Clause 18, page 210, proposed paragraph 345(b), line 30, omit

"Subdivision", substitute "Division".

Clause 18, page 211, proposed section 345, notes 2 and 3, lines 1 and 2,

omit the notes, substitute the following notes:

"Note 2: For "protected information' see subsection 3(1).

Note 3: For "officer' see subsection 3(1).".

Clause 18, page 211, proposed section 346, notes 2 and 3, lines 20 and

21, omit the notes, substitute the following notes:

"Note 2: For "protected information' see subsection 3(1).

Note 3: For "officer' see subsection 3(1).".

Clause 18, page 212, proposed subsection 347(2), note 2, line 1, omit

the note, substitute the following note:

"Note 2: For "protected information' see subsection 3(1).".

Clause 18, page 212, proposed subsection 347(3), line 7, omit "Part",

substitute "Act".

Clause 18, page 212, proposed subsection 347(3), note, line 8, omit the

note, substitute the following note:

"Note: For "officer' see subsection 3(1).".

Clause 18, page 212, proposed section 348, note, line 13, omit the note,

substitute the following note:

"Note: For "officer' see subsection 3(1).".

Clause 18, page 212, proposed section 349, line 15, omit "Division",

substitute "Part".

Clause 18, page 212, after proposed subsection 351(1), insert the

following note:

"Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to

impose an appropriate fine instead of, or in addition to, a

term of imprisonment. If a body corporate is convicted of the

offence, subsection 4B(3) of that Act allows a court to impose

a fine of an amount that is not greater than 5 times the

maximum fine that could be imposed by a court on an individual

convicted of the same offence.".

Clause 18, page 213, after proposed subsection 352(1), insert the

following note:

"Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to

impose an appropriate fine instead of, or in addition to, a

term of imprisonment. If a body corporate is convicted of the

offence, subsection 4B(3) of that Act allows a court to impose

a fine of an amount that is not greater than 5 times the

maximum fine that could be imposed by a court on an individual

convicted of the same offence.".

Clause 18, page 213, after proposed subsection 353(1), insert the

following note:

"Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to

impose an appropriate fine instead of, or in addition to, a

term of imprisonment. If a body corporate is convicted of the

offence, subsection 4B(3) of that Act allows a court to impose

a fine of an amount that is not greater than 5 times the

maximum fine that could be imposed by a court on an individual

convicted of the same offence.".

Clause 18, page 213, at end of proposed section 354, add the following

note:

"Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to

impose an appropriate fine instead of, or in addition to, a

term of imprisonment. If a body corporate is convicted of the

offence, subsection 4B(3) of that Act allows a court to impose

a fine of an amount that is not greater than 5 times the

maximum fine that could be imposed by a court on an individual

convicted of the same offence.".

Clause 18, page 213, at end of proposed section 355, add the following

note:

"Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to

impose an appropriate fine instead of, or in addition to, a

term of imprisonment. If a body corporate is convicted of the

offence, subsection 4B(3) of that Act allows a court to impose

a fine of an amount that is not greater than 5 times the

maximum fine that could be imposed by a court on an individual

convicted of the same offence.".

Clause 18, pages 212 to 216, proposed Division 18, line 17 (page 212) to

line 14 (page 216), re-locate the Division to page 181, immediately

after Division 15 of Part 8, as Division 15A of Part 8, with the

proposed sections of Division 18 that are set out in column 1 of the

Table below re-numbered as set out in Column 2 of the Table.

TABLE

Column 1 Column 2

Current proposed section number Proposed section number after

re-location

350 291A

351 291B

352 291C

353 291D

354 291E

355 291F

356 291G

357 291H

358 291J

359 291K

Clause 18, page 217, proposed Schedule 1, clause 1, before definition of

"independent", insert the following definitions:

" "accounting period', in MODULE F, means a period of 12 months;

"employer', in MODULE F, has the meaning given by Schedule 3;".

Clause 18, page 217, proposed Schedule 1, clause 1, definition of

"parent", after "means", insert "in Part 2".

Clause 18, page 218, proposed Schedule 1, subclause 2(5), omit "natural

or adoptive" (wherever occurring).

Clause 18, page 218, proposed Schedule 1, subclause 2(6), omit "natural

or adoptive" and "such".

Clause 18, page 218, proposed Schedule 1, paragraph 2(8)(a), omit

"natural or adoptive".

Clause 18, page 218, proposed Schedule 1, paragraph 2(9)(b), omit

"natural or adoptive".

Clause 18, page 219, proposed Schedule 1, paragraph 2(9)(d), omit

"natural or adoptive".

Clause 18, page 219, proposed Schedule 1, paragraph 2(11)(c), omit the

paragraph, substitute the following paragraph:

"(c) the person is not receiving financial or other support from

either or both of his parents, or from someone else who is

acting as his or her guardian, and did not receive such support

during the period referred to in paragraph (a); and".

Clause 18, page 219, proposed Schedule 1, after subclause 2(12), insert

the following note:

"Note: For "parent' see section 58.".

Clause 18, page 220, proposed Schedule 1, after subclause 3(3), insert

the following note:

"Note: For "parent' see section 58.".

Clause 18, page 229, proposed Schedule 1, Module E, point E6, omit "If a

person (the "relevant person') is a member of a couple, the value of the

relevant person's assets", substitute "The value of the assets of a

person (the "relevant person')".

Clause 18, page 229, proposed Schedule 1, Module E, point E6, paragraph

(b), omit "the person", substitute "a person".

Clause 18, page 234, proposed Schedule 1, Module F, point F5, omit "that

is not a financial year", substitute "that ends on a day other than 30

June".

Clause 18, page 234, proposed Schedule 1, Module F, point F6, paragraph

(c), omit "that is not a financial year", substitute "that ends on a day

other than 30 June".

Clause 18, page 248, proposed Schedule 3, heading, omit "Subsection

58(1) MODULE G Schedule 1", substitute "MODULE F, Schedule 1".

Clause 18, page 248, proposed Schedule 3, clause 1, before definition of

"employee", insert the following definition:

" "associate' has the same meaning as in the Fringe Benefits Tax

Assessment Act 1986;".

Clause 18, page 249, proposed Schedule 3, clause 3, definition of

"associate", omit the definition.

Clause 18, page 254, proposed Schedule 3, after paragraph 7(a), insert

the following paragraph:

"(aa) the person is the employer, or an associate of the employer,

of the recipient; and".

Clause 18, page 256, proposed Schedule 3, clause 10, omit "granted by a

person to a recipient", substitute "granted to a recipient by a person

who is the employer, or an associate of the employer, of the recipient".

Clause 18, page 260, proposed Schedule 3, subclause 14(1), omit "makes a

loan to a recipient", substitute "who is the employer, or an associate

of the employer, of a recipient makes a loan to the recipient".

Clause 18, page 267, proposed Schedule 3, after paragraph 20(1)(a),

insert the following paragraph:

"(aa) the person is the employer, or an associate of the employer,

of a recipient; and".

At end of bill, page 271, add the following clauses:

Transitional provision--acts and decisions of authorised persons and

prescribed officers taken to be acts and decisions of Secretary

"19.(1) Any application made under the Principal Act as in force

before 1 January 1995 to an authorised person or to a prescribed

officer is taken, on and after that day, for the purposes of the

Principal Act as amended by this Act, to be an application made to the

Secretary.

"(2) Any decision made by an authorised person or by a prescribed

officer under, and for the purposes of, the Principal Act as in force

before 1 January 1995 is taken, on and after that day, for the

purposes of the Principal Act as amended by this Act, to be a decision

made by that authorised person or prescribed officer as the delegate

of the Secretary.

"(3) Any act or thing done by an authorised person or a prescribed

officer in relation to a student or other person under, and for the

purposes of, the Principal Act as in force before 1 January 1995 is

taken, on and after that day, for the purposes of the Principal Act as

amended by this Act, to have effect as if it were an act or thing done

by the authorised person or prescribed officer as the delegate of the

Secretary.

Transitional provision--internal review of student assistance benefit

decision

"20.(1) If, before 1 January 1995:

(a) a request had been made to the Secretary under section 20 of the

Principal Act for consideration of a decision by a senior

authorised person or a senior prescribed officer; but

(b) that consideration of that decision had not begun;

that request is to be treated, on and after that day, for all purposes,

as if it were an application under section 293 of that Act as so amended

for a review of the decision.

"(2) If, before 1 January 1995:

(a) a request had been made to the Secretary under section 20 of the

Principal Act for consideration of a decision by a senior

authorised person or a senior prescribed officer; and

(b) that consideration had begun but not been completed;

the senior authorised person or the senior prescribed officer may

complete that consideration as if Part 5 of the Principal Act had not

been repealed.

"(3) Any decision made by a senior authorised person or a senior

prescribed officer on a consideration of another decision that is

undertaken for the purpose of section 20 of the Principal Act, whether

that first-mentioned decision as made before or, in accordance with

subsection (2), on or after 1 January 1995, has effect, for all

purposes, as if it were a decision of an authorised review officer.

Transitional provision--review of student assistance benefit decision

not yet heard by SART

"21.(1) If, before 1 January 1995, a request to the Secretary to the

Department of Employment, Education and Training for the review of a

decision of a senior authorised person or a senior prescribed officer:

(a) had not been referred to a Convenor of the Student Assistance

Review Tribunal ("SART'); or

(b) had been referred to a Convenor of the SART but the Convenor:

(i) had not arranged for a panel of the SART to undertake the

review; or

(ii) had so arranged but the review had not commenced;

that request is to be treated, on and after that day, for all purposes,

as if it were an application to the Social Security Appeals Tribunal

("SSAT') and is to be forwarded by the Secretary, on, or as soon as

practicable after, that day, to the National Convener of the SSAT.

"(2) If an application is forwarded by the Secretary in accordance

with subsection (1) to the National Convener of the SSAT, the

Secretary is taken to have complied with subsection 1261(1) of the

Social Security Act 1991.

Transitional provision--review of student assistance benefit decision

part-heard by SART

"22. If, before 1 January 1995:

(a) a request for review of a decision of a senior authorised person

or a senior prescribed officer had been referred to a Convenor

of the Student Assistance Review Tribunal ("SART'); and

(b) the review of the decision had been commenced but not completed

by the SART:

then, for all purposes on and after that date:

(c) the request for the review is taken to have been transferred to

the Social Security Appeals Tribunal ("SSAT'); and

(d) to facilitate that transfer, the members of the SART

constituting the panel of the SART for the purposes of that

review are to continue that review, on and after that day, as a

properly constituted panel of the SSAT; and

(e) for the purposes of section 1329 of the Social Security Act

1991, the hearing of the matter is taken to have commenced when

the hearing of the review by the SART commenced; and

(f) the functions and powers exercisable by the SSAT in such cases

are the functions and powers of the SART under the Principal Act

if the Principal Act had not been amended.

Transitional provision--members of SART to become members of SSAT

"23.(1) A person who is a Convenor or other member of the Student

Assistance Review Tribunal ("SART') immediately before 1 January 1995

is taken, on and after that day, for the purposes of subsection

1324(1) of the Social Security Act 1991, to have been appointed by the

Governor-General as an ordinary member of the Social Security Appeals

Tribunal ("SSAT').

"(2) A person taken to be appointed as an ordinary member of the SSAT

under subsection (1):

(a) enjoys, subject to subsection (3) or (4), whichever is

appropriate, the same terms and conditions as he or she enjoyed

while a Convenor or other member of the SART; and

(b) is taken to have been so appointed for the balance of the term

of his or her appointment to the SART, had the SART not been

abolished.

"(3) A convenor of the SART who is taken to be appointed as an

ordinary member of the SSAT under subsection (1):

(a) is to be paid such remuneration as is from time to time fixed by

the Remuneration Tribunal in relation to a Chairperson of the

SSAT, regardless of whether the Convenor sits as a Chairperson

of the SSAT or as an ordinary member; and

(b) is to be paid such allowances as are prescribed for a

Chairperson of the SSAT.

"(4) A member of the SART, other than a Convenor, who is taken to have

been appointed as an ordinary member of the SSAT under subsection (1):

(a) is to be paid such remuneration as is from time to time fixed by

the Remuneration Tribunal in relation to an ordinary member of

the SSAT; and

(b) is to be paid such allowances as are prescribed for an ordinary

member of the SSAT.".

Requests:

That the House of Representatives be requested to make the following

amendments:

Clause 18, pages 25 and 26, proposed subsection 75(9), line 32 (page 25)

to line 3 (page 26), omit the subsection, substitute the following

subsections:

" "(9) For the purposes of paragraph (8)(g), commuting is not

unreasonably difficult if:

(a) the sole or principal reason for the difficulty is that the

commuting involves a journey, either from the person's home to

the place of work or from the place of work to the person's

home, that does not normally exceed 90 minutes in duration; or

(b) in the Secretary's opinion a substantial number of people living

in the same area as the person regularly commute to their places

of work in circumstances similar to those of the person.

"(9A) Subsection (9) does not limit the Secretary's discretion to form

the opinion that, for the purposes of paragraph (8)(g), commuting is

not unreasonably difficult.".

Clause 18, page 147, proposed section 251, Indexed Amounts Table, item

2, at end of column 3, add "and Table DB in point D6 in MODULE D in

Schedule 1--column 3--all amounts".

Clause 18, page 148, proposed section 251, Indexed Amounts Table, item

8, omit the item, substitute the following items:

"

8. Rate of pharmaceutical allowance Item 5 in Table C in point

for a person: C5 in MODULE C in Schedule 1--

(a) who is a member of a couple; and column 3

(b) whose partner is receiving a

service pension

(abbreviated as "PA item 8 rate')

9. Rate of pharmaceutical allowance Item 6 in Table C in point

for a person: C5 in MODULE C in Schedule 1--

(a) who is a member of a couple; and column 3

(b) whose partner is in gaol

(abbreviated as "PA item 9 rate')

".

Clause 18, page 149, proposed subsection 252(1), CPI Indexation Table,

item 5, column 2, at end of column, add "and PA item 8 rate".

Clause 18, page 219, proposed Schedule 1, after subclause 2(11), insert

the following subclause:

"(11A) A person is taken to be independent for the purposes of this

Schedule if:

(a) the person does not live at a home of the parents, or of a

parent, of the person; and

(b) the person does not receive regular financial support from a

parent of the person; and

(c) one of the following subparagraphs applies:

(i) there was a period in which the person was regarded as an

independent young person for the purposes of the Social

Security Act and:

(A) received sickness allowance before 1 January 1995; or

(B) received on or after that date sickness allowance in the

calculation of which subsection 709(2) of the Social

Security Act 1991 as in force at a time on or after that

date applied;

(ii) the person received special benefit before 1 January 1995

and continued to receive that benefit on that date and

there was a period, whether before, on or after that date,

in which the person was regarded as an independent young

person for the purposes of the Social Security Act;

(iii) there was a period in which the person was regarded as an

independent young person for the purposes of the Social

Security Act and received job search allowance.".

Clause 18, page 221, proposed Schedule 1, Module A, Method statement,

Step 7, paragraph (a), omit "$30.90", substitute "$62.90".

Clause 18, page 222, proposed Schedule 1, Module A, Method statement,

Step 10, subparagraph (a)(i), omit the subparagraph, substitute the

following subparagraphs:

"(i) if paragraph (a) of Step 7 applied to the person--the minimum

non-independent payment rate; or

(ia) if Step 8 did not apply to the person because of points F2 and

F3 (other than paragraph (g) of point F3) in MODULE F

below--the maximum payment rate; or

(ib) if paragraph (g) of point F3 applied to the person and Step 7

did not apply to the person--the maximum payment rate; or ".

Clause 18, page 223, proposed Schedule 1, Module B, Table B, item 6,

column 3, omit "$268.20", substitute "$269.20".

Clause 18, page 224, proposed Schedule 1, Module C, Table C, item 5,

omit the item, substitute the following items:

"

5. Partnered (partner getting service pension) $2.60

6. Partnered (partner in gaol) $5.20

".

Clause 18, page 227, proposed Schedule 1, Module D, Table DB, item 1,

column 3, omit "$60.00", substitute "$61.80".

Clause 18, page 227, proposed Schedule 1, Module D, Table DB, items 2

and 3, column 3, omit "$100.00", substitute "$103.20".

Clause 18, page 227, proposed Schedule 1, Module D, Table DB, items 4 to

6, column 3, omit "$100.00", substitute "$61.80".

Clause 18, page 230, proposed Schedule 1, Module E, after point E12,

insert the following note and point:

"Note: For "principal home' see subsections 11(5), (6) and (7) of the

Social Security Act.

Exclusion of certain farm assets

"E12A. If a drought relief exceptional circumstance certificate

referred to in section 8A of the Farm Household Support Act 1992 was

issued in respect of a person, or in respect of a family member of a

person, and has effect, the person's assets do not include any asset

that is an exempt asset in respect of the person, or in respect of the

family member of the person, as the case may be, within the meaning of

that Act.".

Clause 18, page 232, proposed Schedule 1, Module F, Method statement,

Step 8, paragraph (a), omit "$21,300", substitute "$21,660".

Clause 18, page 234, proposed Schedule 1, Module F, point F4, omit

"financial year that ended on the last 30 June that preceded the

relevant time", substitute "accounting period ending on the last 30 June

before the calendar year in which the relevant time occurs".

Clause 18, page 234, proposed Schedule 1, Module F, point F7, omit "the

financial year in which the relevant time occurs", substitute "the

accounting period ending in the calendar year before the calendar year

in which the relevant time occurs".

Clause 18, page 234, proposed Schedule 1, Module F, point F7, omit "the

financial year that ends in the calendar year in which the relevant time

occurs", substitute "the accounting period ending in the calendar year

in which the relevant time occurs".

Clause 18, page 235, proposed Schedule 1, Module F, point F11, omit the

point, substitute the following point:

Combined parental fringe benefits value

"F11. The person's combined parental fringe benefits value for the

relevant accounting period is:

(a) if the person had only one parent in that period--the amount (if

any) of the excess fringe benefits value for that parent for

that period; or

(b) if the person had more than one parent in that period--the sum

of the respective amounts (if any) of the excess fringe benefits

values for the parents for that period.

For the purposes of this point, the excess fringe benefits value for a

parent of the person for the relevant accounting period is the amount

(if any) by which the total of the values of the fringe benefits

received by that parent in the most recent fringe benefits year that

ended before the end of the relevant accounting period (as worked out

under points F12 and F13) is more than $1,000.".

Clause 18, page 239, proposed Schedule 1, Module G, point G3, after

paragraph (c), insert the following paragraph:

"(ca) a payment under Part 5 or 6 of the Farm Household Support Act

1992; or ".

Debate ensued.

The Leader of the Opposition in the Senate (Senator Hill) moved--That

the committee report progress.

Statements by leave: Senators Schacht, Hill, Bell and Margetts, by

leave, made statements relating to the motion.

Question put and passed.

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

Temporary Chairman of Committees (Senator Colston) reported that the

committee had considered the bills, made progress and asked leave to sit

again.

Ordered, on the motion of Senator Schacht, that the committee have leave

to sit again on the next day of sitting.