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SOCIAL SECURITY LEGISLATION AMENDMENT BILL (NO. 1) 1995
SOCIAL SECURITY (NON-BUDGET MEASURES) LEGISLATION AMENDMENT BILL 1995

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

committee of the whole.

In the committee

SOCIAL SECURITY (NON-BUDGET MEASURES) LEGISLATION AMENDMENT BILL 1995--

Clause 1 agreed to.

Clause 2--

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

"(2A) Sections 8 and 9 are taken to have commenced on 1 July 1995.".

Clause 2 agreed to, subject to a request for an amendment.

Clause 3 agreed to.

Clause 4--

Senator Woodley moved the following amendments together by leave:

Clause 4, page 3, proposed paragraph 198(1B)(b), line 10, omit "3",

substitute "12".

Clause 4, page 3, after proposed subsection 198(1B), insert the

following subsection:

" "(1BA) Subsection (1B) has effect subject to sections 1218 and 1219

(departure certificate requirements for people leaving Australia).".

Clause 4, page 3, proposed subsection 198(1C), lines 15 to 19, omit the

subsection.

After clause 4, page 3, insert the following clauses:

Qualification for pension ceases after 6 months unless person has a

departure certificate

"4A. Subsection 1218(1) of the Principal Act is amended by inserting

the following paragraph after paragraph (f):

"(fa) a carer pension; or'.

Departure certificates

"4B. Section 1219 of the Principal Act is amended:

(a) by inserting the following paragraph after paragraph

(1)(a)(iii):

"(iiia) a carer pension; or';

(b) by inserting the following paragraph after paragraph

(2)(a)(iii):

"(iiia) a carer pension; or'.

No portability where claim based on short residence

"4C. Section 1220 of the Principal Act is amended:

(a) by inserting the following paragraph after paragraph

(1)(d)(iii):

"(iiia) a carer pension; or';

(b) by inserting the following paragraph after paragraph

(2)(d)(iii):

"(iiia) a carer pension; or'.

Rate of pensions paid outside Australia--general

"4D. Subsection 1220B of the Principal Act is amended by inserting the

following paragraph after paragraph (1)(a)(iii):

"(iiia) a carer pension; or'.".

Debate ensued.

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

Clause 4 agreed to.

Clauses 5 to 13, taken together by leave, agreed to.

Clause 14--

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

agreed to:

Part 2, page 8, Division 6, lines 17 to 33, omit the Division,

substitute the following Division:

"Division 6--Sole parent pension

Family relationships definitions--couples

"14. Section 4 of the Principal Act is amended:

(a) by inserting in the definition of "member of a couple' in

subsection (1) ", (3A)' after "(3)';

(b) by inserting in paragraph (2)(a) "or indefinite' after

"permanent';

(c) by omitting from subparagraph (2)(b)(i) "is living' and

substituting "has a relationship';

(d) by omitting from subparagraph (2)(b)(iii) "subsection (3)' and

substituting "subsections (3) and (3A)';

(e) by inserting after subsection (3):

"(3A) The Secretary must not form the opinion that the relationship

between a person and his or her partner is a marriage-like

relationship if the person is living separately and apart from the

partner on a permanent or indefinite basis.'.

Qualification for sole parent pension

"14A. Section 249 of the Principal Act is amended:

(a) by omitting subparagraph (1)(a)(iii);

(b) by omitting from paragraph (1A)(a) "is living' and substituting

"has a relationship';

(c) by adding at the end of subsection (1B) "and subsection 4(3A)'.

Consequential amendments

"14B.(1) Each of the following provisions of the Principal Act is

amended by inserting "or indefinite' after "permanent' (wherever

occurring):

subsection 4(5)

paragraph 4(9A)(c)

paragraph 24(1)(b)

subsection 263(2)

subsections 264(3) and (4)

subsection 282(2)

subsections 283(3) and (4)

subparagraph 296(3)(c)(ii).

"(2) Section 4 of the Principal Act is amended by omitting from

subsection (4) "is not living with the other person in a marriage-like

relationship' and "is not living in a marriage-like relationship with

the other person' and substituting in each case "does not have a

marriage-like relationship with the other person'.

"(3) Each of the following provisions is amended by omitting "is not

living with the other person in a marriage-like relationship' and

substituting "does not have a marriage-like relationship with the

other person':

subsection 264(2)

subsection 283(2)

subparagraph 296(3)(c)(i).

"(4) Section 24 of the Principal Act is amended by omitting from

paragraph (2)(a) "is living' and substituting "has a relationship'.

"(5) Each of the following provisions of the Principal Act is amended

by omitting "is living with the other person in a marriage-like

relationship' and substituting "has a marriage-like relationship with

the other person':

subsection 264(1)

subsection 283(1).

"(6) Each of the following provisions of the Principal Act is amended

by omitting paragraphs (a) and (b) and substituting:

"(a) a person has a relationship with a person of the opposite sex

("other person"); and

(b) the relationship between them is a marriage-like relationshipin

the Secretary's opinion (formed after the Secretary has had

regard to all the circumstances of the relationship, including,

in particular, the matters referred to in paragraphs 4(3)(a) to

(e) and subsection 4(3A));':

subsection 1064(4)

subsection 1066(3)

subsection 1066A(5)

subsection 1067(2)

subsection 1067E(2)

subsection 1068(2).

"(7) Each of the following provisions of the Principal Act is amended

by omitting paragraphs (a) and (b) and substituting:

"(a) a person who is permanently blind has a relationship with a

person of the opposite sex ("other person"); and

(b) the relationship between them is a marriage-like relationshipin

the Secretary's opinion (formed after the Secretary has had

regard to all the circumstances of the relationship, including,

in particular, the matters referred to in paragraphs 4(3)(a) to

(e) and subsection 4(3A));':

subsection 1065(3)

subsection 1066B(4).".

Clause 14, as amended, agreed to.

Clauses 15 to 22, taken together by leave, agreed to.

Clauses 23 to 25, taken together by leave, debated and agreed to.

Clause 26 debated.

Question--That clause 26 stand as printed--put and negatived.

Clauses 27 to 34, taken together by leave, agreed to.

Clauses 35 and 36, taken together by leave, debated.

Question--That clauses 35 and 36 stand as printed--put and negatived.

Clause 37 agreed to.

Clauses 38 and 39, taken together by leave, debated.

Question--That clauses 38 and 39 stand as printed--put and negatived.

Clause 40 agreed to.

Clauses 41 to 75, taken together by leave, debated.

Question--That clauses 41 to 75 stand as printed--put and negatived.

Senator Woodley moved the following amendment:

Before clause 76, page 28, insert the following clause:

Qualification for widow allowance

"76A. Section 408BA of the Principal Act is amended:

(a) by omitting "50' in paragraph (1)(b) and substituting "40';

(b) by omitting "50' in paragraph (2)(b) and substituting "40'.".

Debate ensued.

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

The committee divided--

AYES, 10

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

NOES, 45

Abetz Baume Beahan Boswell Brownhill Burns Calvert (Teller) Carr Childs Coates Colston Cooney Crane Crowley Denman Devereux Ellison Evans, Christopher Foreman Forshaw Gibson Herron Jones Knowles Macdonald, Sandy MacGibbon McGauran McKiernan Minchin Murphy Neal Newman O'Chee Panizza Parer Patterson Reid Sherry Short Teague Troeth Vanstone Watson West Wheelwright

Question negatived.

Clauses 76 to 137, taken together by leave, debated.

Question--That clauses 76 to 137 stand as printed--put and negatived.

Clause 138 debated and agreed to.

Clause 139 agreed to.

Clause 140--

On the motion of Senator Patterson the following amendment was debated

and agreed to:

Clause 140, page 47, at end of proposed section 1237AB, add the

following subsection:

" "(3) A notice referred to in subsection (1):

(a) is a disallowable instrument for the purposes of section 46A of

the Acts Interpretation Act 1901; and

(b) is deemed not to specify a class of debts for the purposes of

that subsection before the expiration of the time within which

the notice may be disallowed by each House of the Parliament.".

Clause 140, as amended, agreed to.

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

Bills to be reported with amendments and requests for amendments.

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

Chairman of Committees (Senator Reid) reported accordingly.

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

adopted.