Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

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 further consideration of the bills in

committee of the whole.

In the committee

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

Bill reconsidered by leave.

On the motion of the Minister for Family Services (Senator Crowley) the

following request for an amendment was agreed to:

That the House of Representatives be requested to make the following

amendment:

Clause 18, page 69, proposed paragraph 124(a), lines 19 and 20, omit the

paragraph, substitute the following paragraph:

"(a) a person is released from gaol, or from psychiatric confinement

that the person was undergoing because he or she had been

charged with committing an offence, after spending at least 7

days in gaol or such confinement; and".

The following request for an amendment moved by leave by Senator

Margetts (see entry no. 33, 7 December 1994) was agreed to:

That the House of Representatives be requested to make the following

amendment:

Clause 18, page 27, proposed subsection 77(1), line 34, omit

"subsection(2)", substitute "subsections (2) and (3)".

Bill agreed to, subject to requests for amendments.

STUDENT ASSISTANCE (YOUTH TRAINING ALLOWANCE--TRANSITIONAL PROVISIONS

AND CONSEQUENTIAL AMENDMENTS) BILL 1994--

Consideration resumed of the bill.

On the motion of Senator Troeth the following request for an amendment

was debated and agreed to:

That the House of Representatives be requested to make the following

amendment:

Schedule 2, page 44, proposed subsection 1067B(11), omit the

subsection,substitute the following subsection:

Living away from home

" "(11) A person is independent if that person:

(a) does not live, and for a continuous period of at least 18 weeks

has not lived, at a home of the parents, or of a parent, of the

person; and

(b) has, at a time when the person was not living at such a home:

(i) been employed for at least 20 hours per week; or

(ii) been registered by the Commonwealth Employment Service in

an allowance category as being unemployed;

for the period of, or for periods that total, at least 13 weeks; and

(c) does not receive regular financial support from a parent of the

person.".

Bill further debated.

On the motion of Senator Crowley the following requests for amendments,

taken together by leave, were debated and agreed to:

That the House of Representatives be requested to make the following

amendments:

Clause 4, page 2, lines 17 to 19, omit all words after proposed

paragraph (b), substitute the following word and paragraphs:

"then:

(c) the Social Security Act 1991 continues to apply in relation to

the person as if Part 8 of the Student and Youth Assistance Act

1973 had not been enacted; but

(d) paragraph (c) ceases to have effect if the person ceases to be

qualified for job search allowance for a period of at least 6

weeks.".

Schedule 1, page 36, item 254, paragraph (f), proposed item 18B, at end

of column 4, add "and Table DB in point 1067E-D6--column 3--all

amounts".

Schedule 1, page 37, item 254, paragraph (j), proposed item 49H, omit

the item, substitute the following items:

"49H Rate of pharmaceutical PA (SA) Sickness Allowance

allowance for a person: (item 49H) Rate Calculator--Point

(a) who is a member of 1067E-C4--item 5--

a couple; and column 3

(b) whose partner is

receiving a

service pension

49J Rate of pharmaceutical PA (SA) Sickness Allowance

allowance for a person: (item 49J) Rate Calculator--Point

(a) who is a member of 1067E-C4--item 6--

a couple; and column 3

(b) whose partner is

in gaol

Schedule 1, page 38, item 255, paragraph (e), proposed item 33A, at end

of column 2, add "and PA (SA) (item 49H)".

Schedule 1, page 38, item 255, paragraph (e), proposed item 33A, columns

4 and 5, omit "June" (wherever occurring), substitute "September".

Schedule 2, page 44, after proposed subsection 1067B(11), insert the

following subsection:

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

Part 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) immediately before qualifying for sickness allowance or, if the

person has qualified for sickness allowance on more than one

occasion, immediately before last qualifying for that allowance,

the person was receiving youth training allowance under Part 8

of the Student and Youth Assistance Act 1973; and

(d) for the purposes of the payment of that youth training allowance

the person was regarded as independent within the meaning of

Schedule 1 to that Act (otherwise than because of subclause (10)

of clause 2 of Part 1 of that Schedule).".

Schedule 2, page 47, Module A, Method statement, Step 7, proposed

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

Schedule 2, page 47, Module A, Method statement, Step 10, proposed

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

1067E-F2 and 1067E-F3 (other than paragraph (g) of point

1067E-F3)--the maximum payment rate; or

(ib) if paragraph (g) of point 1067E-F3 applied to the person and

Step 7 did not apply to the person--the maximum payment rate;

or ".

Schedule 2, page 48, Module B, Table B, proposed item 6, column 3, omit

"$268.20", substitute "$269.20".

Schedule 2, page 50, Module C, Table C, proposed item 5, omit the item,

substitute the following items:

"

5. Partnered (partner getting service pension) $2.60

6. Partnered (partner in gaol) $5.20

".

Schedule 2, page 53, Module D, Table DB, proposed item 1, column 3, omit

"$60.00", substitute "$61.80".

Schedule 2, page 53, Module D, Table DB, proposed items 2 and 3, column

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

Schedule 2, page 53, Module D, Table DB, proposed items 4 to 6, column

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

Schedule 2, page 56, Module E, after proposed point 1067E-E12, insert

the following note and point:

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

Exclusion of certain farm assets

" "1067E-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.".

Schedule 2, page 58, Module F, Method statement, Step 8, proposed

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

Schedule 2, page 60, Module F, proposed point 1067E-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".

Schedule 2, page 60, Module F, proposed point 1067E-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".

Schedule 2, page 60, Module F, proposed point 1067E-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".

Schedule 2, page 61, Module F, proposed point 1067E-F11, omit the point,

substitute the following point:

Combined parental fringe benefits value

"1067E-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 1067E-F12 and 1067E-F13) is more than $1,000.".

Schedule 2, page 65, Module G, point 1067E-G3, after proposed paragraph

(c), insert the following paragraph:

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

1992; or ".

On the motion of Senator Crowley the following amendments, taken

together by leave, were debated and agreed to:

Schedule 1, page 5, after proposed item 4, insert the following item:

"4A. Subsection 5(1) (definition of "parent'):

After "means', insert "(except in the modules constituting the

sickness allowance rate calculator at the end of section 1067E)'.".

Schedule 1, page 6, after proposed item 10, insert the following item:

"10A. Section 22:

Insert the following definition:

" "review", in relation to Divisions 2 and 3 of Part 7.3, means a

review:

(a) by the SSAT under Chapter 6; or

(b) by the SSAT under Part 9 of the Student and Youth Assistance Act

1973.'.".

Schedule 1, page 7, after proposed item 15, insert the following item:

"15A. Subsection 23(1) (definition of "Secretary"):

Omit the definition, substitute:

" "Secretary" means:

(a) except in relation to Part 6.3--the Secretary to the Department;

or

(b) in relation to Part 6.3:

(i) in the review of a decision other than a decision under the

Student and Youth Assistance Act 1973--the Secretary to the

Department; or

(ii) in the review of a decision under the Student and Youth

Assistance Act 1973--the Secretary to the Employment

Department.'.".

Schedule 1, page 8, proposed item 19, omit the item, substitute the

following item:

"19. Subsection 23(1):

Insert the following definitions:

" "student assistance benefit decision" means a decision of an officer

under the Student and Youth Assistance Act 1973:

(a) relating to the AUSTUDY scheme; or

(b) relating to the Student Financial Supplement Scheme; or

(c) relating to the recovery of amounts under a current or former

special educational assistance scheme;

"youth training allowance" means a youth training allowance under Part 8

of the Student and Youth Assistance Act 1973;

"youth training allowance automatic deferment provision" has the same

meaning as in Part 8 of the Student and Youth Assistance Act 1973.'.".

Schedule 1, page 39, item 257, proposed subsection 1206A(4), omit "(item

49H)", substitute "(item 49J)".

Schedule 1, page 39, after proposed item 260, insert the following

items:

"260A. Subsection 1260(1):

Insert "(other than a decision under the Student and Youth Assistance

Act 1973)" after "decision" (first occurring).

260B. Section 1260:

After subsection (1), insert the following subsection:

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

basis of issues determined solely by officers of the Employment

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

Employment Secretary.'.".

Schedule 1, page 39, proposed item 261, omit "Subdivision B of Division

16 of Part 8", substitute "Division 2 of Part 9".

Schedule 1, page 39, after proposed item 261, insert the following

items:

"261A. Section 1261:

(a) After subsection (1), insert the following subsection:

"(1A) If an application under Division 2 of Part 9 of the Student

and Youth Assistance Act 1973 is sent or delivered to an office of

the Employment Department, the Secretary must send the application

to the National Convener as soon as practicable and in any case

not later than 7 days after the application is received at the

office of the Employment Department.'.

(b) Add at the end the following note:

"Note: In this section "Secretary" has the meaning given in section

23.'.

261B. Section 1262:

After subsection (1), insert the following note:

"Note: In this subsection "Secretary" has the meaning given in section

23.'.".

Schedule 1, page 39, proposed item 262, omit "Subdivision B of Division

16 of Part 8", substitute "Division 2 of Part 9".

Schedule 1, pages 39 and 40, proposed items 265 to 267, omit the items,

substitute the following items:

"265. Section 1265:

Add at the end the following note:

"Note: In this section "Secretary" has the meaning given in section 23.'.

266. Section 1268:

Add at the end the following note:

"Note: In this section "Secretary" has the meaning given in section 23.'.

267. Subsection 1269(1):

(a) After "section 1304', insert "of this Act or section 332 of the

Student and Youth Assistance Act 1973, as the case requires,'.

(b) Omit the note to the subsection, substitute:

"Note: Under section 1304 of this Act or section 332 of the

Student and Youth Assistance Act 1973, the Secretary may

require a person to provide information or produce

documents.'.

267A. Section 1269:

Add at the end the following note:

"Note: In this section "Secretary" has the meaning given in section

23.'.".

Schedule 1, page 40, after proposed item 269, insert the following item:

"269A. Paragraph 1274(2)(a):

Omit the paragraph, substitute:

"(a) sending or delivering written notice of withdrawal:

(i) in the withdrawal of an application for the review of a

decision other than a student assistance benefit

decision--to an office of the SSAT or an office of the

Department; or

(ii) in the withdrawal of an application for the review of a

student assistance benefit decision--to an office of the

SSAT or an office of the Employment Department; or '.".

Schedule 1, page 40, proposed item 270, omit the item, substitute the

following items:

"270. Section 1274:

Omit paragraph (2A)(a), substitute:

"(a) is a student assistance benefit decision, or is about youth

training allowance, job search allowance or newstart allowance;

and'.

270A. Section 1274:

Add at the end the following note:

"Note: In this section "Secretary" has the meaning given in section

23.'.".

Schedule 1, page 40, after proposed item 272, insert the following

items:

"272A. Section 1281:

Add at the end the following note:

"Note: In this section "Secretary" has the meaning given in section 23.'.

272B. Subsection 1324(1):

Omit "and the senior members', substitute ", the senior members and

the other members'.

272C. Subsection 1324(2):

Omit the subsection.

272D. Subsection 1325A(1):

Omit "and the senior members', substitute ", the senior members and

the other members'.

272E. Subsection 1325A(2):

Omit the subsection.

272F. Subsection 1326(1):

Omit the subsection, substitute:

"(1) The Governor-General may appoint a person to act as National

Convener:

(a) during a vacancy in the office of National Convener, whether or

not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the National

Convener is absent from duty or from Australia or is, for any

reason, unable to perform the duties of the National Convener's

office;

but a person appointed to act under paragraph (a) must not continue to

act for more than 12 months.'.

272G. Subsection 1326(2):

Omit the subsection, substitute:

"(2) The Minister may appoint a person to act as National Convener

during a vacancy in the office of National Convener, whether or not an

appointment has been previously made to the office, but a person so

appointed must not continue to act for more than 3 months.'.

272H. Subsection 1326(3):

Omit "Minister', substitute "Governor-General'.

272I. Section 1326:

After subsection (3), insert:

"(3A) The Minister may appoint a person to act as a full-time senior

member in the place of a person who has ceased to be such a member,

but a person so appointed must not continue to act for more than 3

months.'.

272J. Subsection 1326(4):

Omit "Minister', substitute "Governor-General'.

272K. Section 1326:

After subsection (4), insert:

"(4A) The Minister may appoint a person to act as a part-time senior

member in the place of a person who has ceased to be such a member,

but a person so appointed must not continue to act for more than 3

months.'.

272L. Subsection 1326(5):

Omit "Minister', substitute "Governor-General'.

272M. Section 1326:

After subsection (5), insert:

"(5A) Where a person has been appointed under subsection (2), the

Minister may direct that the person is to continue to act in the

appointmentafter the normal terminating event occurs.'.

272N. Subsection 1326(6):

Insert "or (5A)' after "(5)'.

272O. Subsection 1326(8):

Insert "or (5A)' after "(5)'.

272P. Subsection 1326(9):

Insert "or (5A)' after "(5)'.

272Q. Subsection 1326(12):

Omit the subsection, substitute:

"(12) For the purposes of this section, the normal terminating event

for an appointment under subsection (1), (2), (3) or (4) is:

(a) if the appointment is made under paragraph (1)(a) or subsection

(2)--the filling of the vacancy in the office of National

Convener; or

(b) if the appointment is made under paragraph (1)(b)--the National

Convener ceasing to be absent or ceasing to be unable to perform

the duties of the National Convener's office; or

(c) if the appointment is made under subsection (3)--the senior

member ceasing to be absent or ceasing to be unable to perform

the duties of the member's office; or

(d) if the appointment is made under subsection (4)--the senior

member ceasing to be absent or ceasing to be unable to perform

the duties of the member's office.'.

272R. Subsection 1334(1):

Omit "the National Convener or a senior member', substitute "a

member'.

272S. Subsection 1334(2):

Omit the subsection.

272T. Subsection 1334(4):

Omit "the National Convener or a senior member', substitute "a

member'.

272U. Paragraph 1334(4)(a):

Omit "National Convener or the senior'.

272V. Subsection 1334(6):

Omit the subsection, substitute:

"(6) The Governor-General may remove a member from office if

disqualifying circumstances exist in relation to the member.'.

272W. Subsection 1334(7):

Omit the subsection.

272X. Subsection 1334(9):

Omit the subsection, substitute:

"(9) If a member is:

(a) an eligible employee for the purposes of the Superannuation Act

1976; or

(b) a member of the superannuation scheme established by deed under

the Superannuation Act 1990;

the Governor-General may, with the consent of the member, by signed

instrument, retire the member from office on the ground of physical or

mental incapacity on a date specified in the instrument.'.

272Y. Subsection 1334(10):

Omit the subsection.

272Z. Subsection 1334(11):

Omit "or (10)'.

272ZA. Paragraph 1336(1)(d):

Omit "under Chapter 6'.

272ZB. Subsection 1336(2):

Insert "or the Student and Youth Assistance Act 1973' after "Act'.

272ZC. Paragraph 1336(3)(c):

Insert "or the Student and Youth Assistance Act 1973' after "Act'.

272ZD. Paragraph 1336(3)(d):

Insert "or the Student and Youth Assistance Act 1973' after "Act'.

272ZE. Subsection 1336(5):

Insert "or the Student and Youth Assistance Act 1973' after "Act'.

272ZF. Subsection 1336(7):

(a) Omit "under Chapter 6'.

(b) Insert "or the Student and Youth Assistance Act 1973' after

"Act'.

272ZG. Section 1337:

Insert "or the Student and Youth Assistance Act 1973' after "Act'.".

Schedule 2, page 42, proposed section 1067A, 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 MODULE K;".

Schedule 2, page 42, proposed section 1067A, definition of "parent",

after "means", insert ", in the modules constituting the sickness

allowance rate calculator at the end of section 1067E".

Schedule 2, page 43, proposed subsection 1067B(5), omit "natural or

adoptive" (wherever occurring).

Schedule 2, page 43, proposed subsection 1067B(6), omit "natural or

adoptive" and "such".

Schedule 2, page 43, proposed paragraph 1067B(8)(a), omit "natural or

adoptive".

Schedule 2, page 43, proposed paragraph 1067B(9)(b), omit "natural or

adoptive".

Schedule 2, page 44, proposed paragraph 1067B(9)(d), omit "natural or

adoptive".

Schedule 2, page 44, proposed paragraph 1067B(11)(c), omit the

paragraph, substitute the following paragraph:

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

either of his or her 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".

Schedule 2, page 44, after proposed subsection 1067B(12), insert the

following note:

"Note: For "parent' see section 5.".

Schedule 2, page 45, after proposed subsection 1067C(3), insert the

following note:

"Note: For "parent' see section 5.".

Schedule 2, page 55, Module E, proposed point 1067E-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')".

Schedule 2, page 55, Module E, point 1067E-E6, proposed paragraph (b),

omit "the person", substitute "a person".

Schedule 2, page 60, Module F, proposed point 1067E-F5, omit "that is

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

June".

Schedule 2, page 60, Module F, point 1067E-F6, proposed paragraph (c),

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

other than 30 June".

Schedule 2, page 74, Module K, proposed point 1067E-K1, before

definition of "employee", insert the following definition:

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

Assessment Act 1986;".

Schedule 2, page 75, Module K, proposed point 1067E-K3, definition of

"associate", omit the definition.

Schedule 2, page 80, Module K, point 1067E-K7, after proposed paragraph

(a), insert the following paragraph:

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

the recipient; and".

Schedule 2, page 82, Module K, proposed point 1067E-K10, 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".

Schedule 2, page 86, Module K, proposed subpoint 1067E-K14(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".

Schedule 2, page 93, Module K, subpoint 1067E-K20(1), after paragraph

(a), insert the following paragraph:

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

a recipient; and".

On the motion of Senator Crowley the following request for an amendment

was debated and agreed to:

That the House of Representatives be requested to make the following

amendment:

Schedule 1, page 34, after item 245, insert the following item:

"245A. Paragraph 1161(1)(a):

Omit the paragraph, substitute:

"(a) a person is released from gaol, or from psychiatric confinement

that the person was undergoing because he or she had been

charged with committing an offence, after spending at least 7

days in gaol or such confinement; and'.".

On the motion of Senator Crowley the following amendments, taken

together by leave, were debated and agreed to:

Schedule 1, page 27, after item 187, insert the following item:

"187A. Subsection 746(2):

After "gaol', insert "or from psychiatric confinement'.

Schedule 1, page 27, after item 188, insert the following item:

"188A. Subsection 746(2):

After "gaol' in Note 1, insert "or from psychiatric confinement'.

Schedule 1, page 41, note about section heading at end of Schedule,

after paragraph (e), insert the following paragraph:

"(ea) the heading to section 1161 of the Social Security Act 1991 is

altered by adding at the end "or from psychiatric confinement

following criminal charge'.".

Bill, as amended, agreed to, subject to requests for amendments.

Bills to be reported with amendments and requests for amendments.

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

Temporary Chairman of Committees (Senator Chapman) reported accordingly.

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

adopted.