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Coronavirus Economic Response Package (Jobkeeper Payments) Amendment Bill 2020

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1009

2019-2020

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Coronavirus Economic Response Package (Jobkeeper Payments) Amendment Bill 2020

 

 

(1)     Clause  2 , page 2 (at the end of the table), add:

10.  Schedule 5

The day after this Act receives the Royal Assent .

 

[commencement—casual employees]

(2)     Clause  2 , page 2 (at the end of the table), add:

11.  Schedule 6

The day after this Act receives the Royal Assent.

 

[commencement—temporary visa holders]

(3)     Clause  2 , page 2 (at the end of the table), add:

13.  Schedule 8

The day after this Act receives the Royal Assent.

 

[commencement—higher education providers]

(4)     Clause  2 , page 2 (at the end of the table), add:

14.  Schedule 9

The day after this Act receives the Royal Assent.

 

[commencement—child care providers]

(5)     Page 33 (after line 21) , at the end of the Bill, add:

Schedule 5 Extension of jobkeeper scheme to casual employees

   

Coronavirus Economic Response Package (Payments and Benefits) Act 2020

1  At the end of section 7

Add:

Requirements relating to casual employees

             (8)  In determining the entitlement of an entity to a payment for an employee of the entity, the rules must provide that the types of employee that an entity is entitled to receive a payment in respect of include an employee of the entity who satisfies the requirements in subsection (9), regardless of the period of time that the individual has been employed by the entity.

             (9)  The requirements are that:

                     (a)  the individual was a casual employee of the entity on 1 July 2020; and

                     (b)  it is reasonable to assume that the individual would have continued to be an employee of the entity if the entity had not been directly or indirectly affected by the Coronavirus known as COVID-19.

[casual employees]

(6)     Page 33 , at the end of the Bill, after proposed Schedule 5, add:

Schedule 6 Extension of jobkeeper scheme to temporary visa holders

   

Coronavirus Economic Response Package (Payments and Benefits) Act 2020

1  At the end of section 7

Add:

Requirements relating to temporary visa holders

           (10)  In determining the entitlement of an entity to a payment for an employee of the entity, the rules must provide that the types of employee that an entity is entitled to receive a payment in respect of include an individual that on 1 July 2020 was an employee of the entity and was the holder of a temporary visa within the meaning of the Migration Act 1958 .

[temporary visa holders]

(7)     Page 33 , at the end of the Bill, after proposed Schedule 6, add:

Schedule 8 Extension of jobkeeper scheme to higher education providers

   

Coronavirus Economic Response Package (Payments and Benefits) Act 2020

1  In the appropriate position

Insert:

7B   Requirements for rules that provide for jobkeeper payments scheme—payments to higher education providers

             (1)  If the rules provide for a kind of payment that is intended to assist businesses affected by the Coronavirus to cover the cost of wages of their employees (whether known as a jobkeeper payment or otherwise), the rules relating to that kind of payment (the jobkeeper scheme rules ) must comply with the requirements in subsection (2).

             (2)  The jobkeeper scheme rules, in providing for the classes of entities to which payments in respect of employees are to be made, must comply with the following requirements in respect of entities that are higher education providers:

                     (a)  the rules must not have eligibility requirements:

                              (i)  that apply only to higher education providers; or

                             (ii)  that apply thresholds to higher education providers that are different from the thresholds applied to other similar entities; or

                            (iii)  that are substantially different in their application to higher education providers compared with other entities;

                            with the effect of making it impractical or unlikely that higher education providers will be able to satisfy the eligibility requirements;

                     (b)  the eligibility requirements must not have the effect, whether directly or indirectly, of excluding all or substantially all higher education providers from the jobkeeper scheme.

[higher education providers]

(8)     Page 33 , at the end of the Bill, after proposed Schedule 8, add:

Schedule 9 Extension of jobkeeper scheme to child care providers

   

Coronavirus Economic Response Package (Payments and Benefits) Act 2020

1  In the appropriate position

Insert:

7C   Requirements for rules that provide for jobkeeper payments scheme—payments to child care providers

             (1)  If the rules provide for a kind of payment that is intended to assist businesses affected by the Coronavirus to cover the cost of wages of their employees (whether known as a jobkeeper payment or otherwise), the rules relating to that kind of payment (the jobkeeper scheme rules ) must comply with the requirements in subsection (2).

             (2)  The jobkeeper scheme rules must ensure that payments are able to be made to entities that are approved providers (within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 ) of one or more approved child care services (within the meaning of that Act), including in respect of:

                     (a)  employees whose ordinary duties relate principally to the operation of one or more of those services; and

                     (b)  individuals who are not employees but who are actively engaged in the business carried on by the approved provider.

[child care providers]



 

1009-EM

Coronavirus Economic Response Package (Jobkeeper Payments) Amendment Bill 2020

 

 

Statement pursuant to the order of

the Senate of 26 June 2000

 

 

Amendments (5), (6), (7) and (8)

Amendments (5), (6), (7) and (8) are framed as requests because they amend the bill in a way that is intended to direct funding under the jobkeeper scheme to additional persons.

 

Amendments (5), (6) and (8) would require the Treasurer to make rules which include additional classes of employees when assessing an entity’s entitlement to receive a payment under the scheme amended by the bill. Specifically, the effect of these amendments would be to include certain casual employees and temporary visa holders as eligible employees when assessing an entity’s eligibility for payments from the Commonwealth under the rules. Eligibility would also be extended to approved providers of approved child care services.

 

Amendment (7) would require the Treasurer to make rules which do not apply differently to, or disproportionally affect the eligibility of, higher education providers to receive a payment under the jobkeeper scheme amended by the bill. Specifically, the effect of the amendment would be to ensure higher education providers are eligible entities for payments from the Commonwealth under the rules.

 

As the amendments would increase the number of employees for whom employers would be eligible to receive payments, the amendments will increase the amount of expenditure under the standing appropriation in section 16 of the Taxation Administration Act 1953 .

 

Amendments (1), (2), (3), and (4)

 

Amendments (1), (2), (3) and (4) are consequential to amendments (5), (6), (7) and (8).

 

Statement by the Clerk of the Senate pursuant

to the order of the Senate of 26 June 2000

 

 

Amendments (5), (6), (7) and (8)

If the effect of the amendments is to increase expenditure under the standing appropriation in section 16 of the Taxation Administration Act 1953 then it is in accordance with the precedents of the Senate that the amendments be moved as requests.

 

Amendments (1), (2), (3) and (4)

 

These amendments are consequential on the requests. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.