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EMPLOYMENT SERVICES (CONSEQUENTIAL AMENDMENTS) BILL 1994

The following message from the House of Representatives was reported.

Message No. 438

MR PRESIDENT,

The House of Representatives returns to the Senate the Bill intituled

"A Bill for an Act to amend the statute law of the Commonwealth in

consequence of the enactment of the Employment Services Act 1994, and

for other purposes", and acquaints the Senate that the House of

Representatives has agreed to amendments Nos. 1 and 2 made by the

Senate, and has disagreed to amendments Nos. 3, 4, 5 and 6, as

indicated in the annexed schedule and for the reasons shown therein.

The House of Representatives desires the reconsideration by the Senate

of the Bill in respect of the amendments disagreed to.

STEPHEN MARTIN

Speaker

House of Representatives

Canberra, 9 December 1994

Ordered, on the motion of the Minister for the Environment, Sport and

Territories (Senator Faulkner), that the message be considered in

committee of the whole immediately.

The Senate resolved itself into committee for the consideration of the

message.

In the committee

Message read.

SCHEDULE OF THE AMENDMENTS MADE BY THE SENATE TO WHICH

THE HOUSE OF REPRESENTATIVES HAS DISAGREED

No. 3--Clause 33, page 13, proposed subsection 546B(2), lines 1 to 3,

omit the subsection, substitute the following subsection:

" "(2) Subject to subsections (3) and (6) of this section and

sections 546BA and 546BB, the activity test deferment period

commences on the day after the person has been paid the next two

instalments of Job Search Allowance that the person would ordinarily

receive after the activity test deferment period determination is

made, as if no determination had been made.".

No. 4--Clause 34, page 15, proposed subsection 547B(2), lines 20 to

22, omit the subsection, substitute the following subsection:

" "(2) Subject to subsections (3) and (6) of this section and

section 547C, the activity test deferment period commences on the

day after the person has been paid the next two instalments of Job

Search Allowance that the person would ordinarily receive after the

administrative breach deferment period determination is made, as if

no determination had been made.".

No. 5--Clause 35, page 17, proposed subsection 630B(2), lines 9 to 11,

omit the subsection, substitute the following subsection:

" "(2) Subject to subsections (3) and (6) of this section and

sections 630BA and 630BB, the activity test deferment period

commences on the day after the person has been paid the next two

instalments of Job Search Allowance that the person would ordinarily

receive after the activity test deferment period determination is

made, as if no determination had been made.".

No. 6--Clause 36, page 19, proposed subsection 631B(2), lines 30 to

32, omit the subsection, substitute the following subsection:

" "(2) Subject to subsections (3) and (6) of this section and

section 631C, the activity test deferment period commences on the

day after the person has been paid the next two instalments of Job

Search Allowance that the person would ordinarily receive after the

administrative breach deferment period determination is made, as if

no determination had been made."

The Minister for Small Business, Customs and Construction (Senator

Schacht) moved--That the committee does not insist upon its amendments

nos 3, 4, 5 and 6 disagreed to by the House of Representatives and makes

a further amendment to the bill as follows:

After clause 36, page 21, insert the following clauses:

Secretary may continue payment pending outcome of application for review

"36A. Section 1241 of the Principal Act is amended by omitting

paragraph (1)(b) and substituting the following paragraph:

"(b) the adverse decision:

(i) depends on the exercise of a discretion by a person or the

holding of an opinion by a person; or

(ii) would result in the application of a deferment period; and

Note: For "deferment period" see section 23.'.

Insertion of new section

"36B. After section 1241 of the Principal Act the following section is

inserted:

Guidelines for exercise of Secretary's power to continue payment

"1241A.(1) The Minister, by determination in writing:

(a) is to set guidelines for the exercise of the Secretary's power

to make declarations under subsection 1241(1) in relation to

social security payments to persons who are subject to deferment

periods; and

(b) may revoke or vary those guidelines.

Note: For "deferment period" see section 23.

"(2) A determination made under subsection (1) is a disallowable

instrument for the purposes of section 46A of the Acts Interpretation

Act 1901.'.".

Debate ensued.

Question put.

The committee divided--

AYES, 38

Baume Brownhill Burns Carr Chapman Childs Coates Colston Crichton-Browne Denman Evans, Christopher Evans, Gareth Faulkner Foreman (Teller) Forshaw Jones Kemp Knowles Macdonald, Sandy McKiernan McMullan Minchin Newman O'Chee Panizza Parer Patterson Ray Reid Schacht Sherry Tambling Tierney Troeth Watson West Woods Zakharov

NOES, 9

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

Question agreed to.

Resolution to be reported.

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

Chairman of Committees (Senator Crichton-Browne) reported that the

committee had considered message no. 438 of the House of Representatives

relating to the Employment Services (Consequential Amendments) Bill 1994

and had resolved not to insist upon its amendments nos 3, 4, 5 and 6

disagreed to by the House of Representatives and had made a further

amendment to the bill.

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

adopted.