Paul Fletcher (Bradfield, Liberal Party, Minister for Families and Social Services) Share this | Hansard source

I present an addendum to the explanatory memorandum and a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments (1) to (70), as circulated, together.

Leave granted.

I move government amendments (1) to (70), as circulated, together:

(1) Clause 1, page 1 (lines 6 to 8), omit "Social Services Legislation Amendment (Encouraging Self-sufficiency for Newly Arrived Migrants) Act 2018", substitute "Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018".

(2) Clause 2, page 1 (line 9) to page 2 (line 9), omit the clause, substitute:

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

(3) Schedule 1, items 1 and 2, page 3 (lines 5 to 8), omit the items.

(4) Schedule 1, item 3, page 3 (line 10), omit "156", substitute "208".

(5) Schedule 1, item 4, page 3 (line 12), omit "156", substitute "208".

(6) Schedule 1, item 5, page 3 (line 14), omit "156", substitute "208".

(7) Schedule 1, item 6, page 3 (line 16), omit "156", substitute "208".

(8) Schedule 1, item 7, page 3 (line 18), omit "156", substitute "208".

(9) Schedule 1, item 8, page 3 (line 20), omit "156", substitute "208".

(10) Schedule 1, item 9, page 3 (line 22), omit "156", substitute "208".

(11) Schedule 1, item 10, page 3 (line 24), omit "156", substitute "208".

(12) Schedule 1, item 11, page 4 (line 2), omit "156", substitute "208".

(13) Schedule 1, item 12, page 4 (line 4), omit "156", substitute "208".

(14) Schedule 1, item 13, page 4 (line 6), omit "156", substitute "208".

(15) Schedule 1, item 14, page 4 (line 8), omit "156", substitute "208".

(16) Schedule 1, item 15, page 4 (line 10), omit "156", substitute "208".

(17) Schedule 1, item 16, page 4 (line 12), omit "156", substitute "208".

(18) Schedule 1, item 17, page 4 (line 14), omit "156", substitute "208".

(19) Schedule 1, item 18, page 4 (line 16), omit "156", substitute "208".

(20) Schedule 1, item 19, page 4 (line 18), omit "156", substitute "208".

(21) Schedule 1, item 20, page 4 (line 20), omit "156", substitute "208".

(22) Schedule 1, item 21, page 4 (line 22), omit "201AA, 201AB,".

(23) Schedule 1, item 21, page 5 (lines 12 to 18), omit subitem (5), substitute:

(5) The amendments of sections 1061ZH, 1061ZI, 1061ZQ and 1061ZR of the Social Security Act 1991 made by this Part apply in relation to a person who becomes the holder of a permanent visa on or after the commencement of this item.

(24) Schedule 1, item 21, page 5 (after line 20), at the end of the item, add:

(7) The amendments made by this Part do not apply in relation to a person who, on or after the commencement of this item, becomes the holder of:

(a) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or

(b) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or

(c) a visa of a kind determined in an instrument under subitem (8).

(8) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (7)(c).

(25) Schedule 1, item 23, page 6 (lines 10 and 11), omit paragraph (ba) of the definition of newly arrived resident's waiting period in subsection 23(1).

(26) Schedule 1, item 25, page 6 (lines 24 and 25), omit paragraph (aba) of the definition of waiting period in subsection 23(1).

(27) Schedule 1, item 28, page 7 (line 12), omit "156", substitute "208".

(28) Schedule 1, item 28, page 8 (line 12), omit "156", substitute "208".

(29) Schedule 1, item 29, page 8 (line 13) to page 9 (line 20), omit the item.

(30) Schedule 1, item 30, page 9 (line 27), omit "156", substitute "208".

(31) Schedule 1, item 30, page 11 (line 3), omit "156", substitute "208".

(32) Schedule 1, item 31, page 11 (line 11), omit "156", substitute "52".

(33) Schedule 1, item 31, page 12 (line 23), omit "156", substitute "52".

(34) Schedule 1, item 32, page 12 (line 25), omit "408CGA, 408CGB,".

(35) Schedule 1, item 32, page 12 (after line 30), at the end of the item, add:

(3) Those sections do not apply in relation to a person who, on or after the commencement of this item, becomes the holder of:

(a) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or

(b) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or

(c) a visa of a kind determined in an instrument under subitem (4).

(4) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (3)(c).

(36) Schedule 1, Part 3, page 13 (lines 1 to 22), omit the Part.

(37) Schedule 2, item 1, page 14 (line 6), omit "156", substitute "208".

(38) Schedule 2, item 2, page 14 (line 8), omit "156", substitute "208".

(39) Schedule 2, item 3, page 14 (after line 14), at the end of the item, add:

(3) Those amendments do not apply in relation to a person who, on or after the commencement of this item, becomes the holder of:

(a) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or

(b) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or

(c) a visa of a kind determined in an instrument under subitem (4).

(4) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (3)(c).

(40) Schedule 3, item 2, page 15 (line 8), omit "At the end of Subdivision A of Division1 of Part3", substitute "After section61".

(41) Schedule 3, item 2, page 15 (line 9), omit "Add", substitute "Insert".

(42) Schedule 3, item 2, page 15 (line 10), omit "30No eligibility for family tax benefit—newly", substitute "61AAPart A rate of family tax benefit is nil for a day in newly".

(43) Schedule 3, item 2, page 15 (lines 12 and 13), omit subsection 30(1), substitute:

(1) Despite Parts 2 to 3A of Schedule 1, an individual's Part A rate of family tax benefit in respect of a day is nil if the day occurs in a newly arrived resident's waiting period for the individual.

(44) Schedule 3, item 2, page 15 (line 21), omit paragraph 30(2)(b), substitute:

(b) becomes the holder of a permanent visa, except:

  (i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or

  (ii) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or

  (iii) a visa of a kind determined in an instrument under subsection (2A).

(45) Schedule 3, item 2, page 15 (after line 21), after subsection 30(2), insert:

(2A) The Minister may, by legislative instrument, determine a kind of visa for the purposes of subparagraph (2)(b)(iii).

(2B) Paragraph (2)(b) does not apply in relation to an individual if, at any time before the commencement of this subsection, the individual held a visa covered by paragraph (2)(a).

(46) Schedule 3, item 2, page 15 (line 26), omit "referred to in", substitute "covered by".

(47) Schedule 3, item 2, page 16 (line 5), omit "156", substitute "52".

(48) Schedule 3, item 2, page 16 (line 16), omit "156", substitute "52".

(49) Schedule 3, item 2, page 16 (line 25), omit "156", substitute "52".

(50) Schedule 3, item 2, page 16 (line 27) to page 17 (line 23), omit subsections 30(6) to (8), substitute:

Exemptions

(6) Subsection (1) does not apply to an individual in respect of a day in the newly arrived resident's waiting period for the individual if on that day the individual holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act 1991.

(7) Subsection (1) does not apply to an individual in respect of a day in the newly arrived resident's waiting period for the individual if on that day:

(a) the individual is receiving a social security pension or a social security benefit; or

(b) the individual is receiving farm household allowance under the Farm Household Support Act 2014; or

(c) parental leave pay, or dad and partner pay, under the Paid Parental Leave Act 2010 is payable to the individual.

(8) Subsection (1) does not apply to an individual in respect of a day (the assessment day) in the newly arrived resident's waiting period for the individual if:

(a) on the assessment day the individual is a refugee or a former refugee; or

(b) the following apply:

  (i) the individual was a family member of another individual at the time the other individual became a refugee before the assessment day;

  (ii) the individual is a family member of that other individual on the assessment day or, if that other individual has died, the individual was a family member of that other individual immediately before that other individual died; or

(c) the individual is an Australian citizen on the assessment day; or

(d) the individual is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.

(51) Schedule 3, items 3 and 4, page 17 (line 31) to page 18 (line 6), omit the items.

(52) Schedule 3, item 5, page 18 (lines 8 to 12), omit the item.

(53) Schedule 3, item 7, page 18 (lines 16 to 24), omit the item, substitute:

7 Application provision

The amendment of section 1061ZQ of the Social Security Act 1991 made by this Schedule applies in relation to working out whether a person is qualified for a health care card on a day on or after the commencement of this item.

(54) Schedule 4, page 19 (after line 7), after item 1, insert:

1A At the end of paragraph 15(3 )( a)

Add:

  (iii) is, if the day the child was born is in a newly arrived resident's waiting period the primary claimant is subject to under section 31A, a person to whom subsection 31A(7) or (7A) applies on the day the child was born; and

(55) Schedule 4, item 3, page 19 (line 24), omit paragraph 31A(1)(b), substitute:

(b) becomes the holder of a permanent visa, except:

  (i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or

  (ii) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or

  (iii) a visa of a kind determined in an instrument under subsection (1A).

(56) Schedule 4, item 3, page 19 (after line 24), after subsection 31A(1), insert:

(1A) The Minister may, by legislative instrument, determine a kind of visa for the purposes of subparagraph (1)(b)(iii).

(1B) Paragraph (1)(b) does not apply in relation to a person if, at any time before the commencement of this subsection, the person held a visa covered by paragraph (1)(a).

(57) Schedule 4, item 3, page 20 (line 1), omit "referred to in", substitute "covered by".

(58) Schedule 4, item 3, page 20 (line 9), omit "156", substitute "104".

(59) Schedule 4, item 3, page 20 (line 20), omit "156", substitute "104".

(60) Schedule 4, item 3, page 20 (line 29), omit "156", substitute "104".

(61) Schedule 4, item 3, page 20 (line 31) to page 21 (line 25), omit subsections 31A(5) to (7), substitute:

Exemptions

(5) Subsection (1) does not apply to a person if:

(a) on the day before the day (the relevant day) that would be the start of the person's PPL period if a payability determination were made; and

(b) if the person is the primary claimant and the relevant day is at least 2 days after the day the child was born—on the day the child was born and on each later day (if any) before the day applicable under paragraph (a);

the person was receiving either of the following:

(c) a social security pension (within the meaning of the Social Security Act 1991) or a social security benefit (within the meaning of that Act);

(d) farm household allowance under the Farm Household Support Act 2014.

(6) However, subsection (5) does not apply if paragraphs 15(1)(a), (b) and (c) apply in relation to the child. Instead, in this case, subsection (1) of this section does not apply to a person in the circumstances prescribed by the PPL rules.

(7) Subsection 31(6) does not apply to a person in respect of a day in the newly arrived resident's waiting period for the person if on that day the person holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act 1991.

(7A) Subsection 31(6) does not apply to a person in respect of a day (the assessment day) in the newly arrived resident's waiting period for the person if:

(a) on the assessment day the person is a refugee or a former refugee; or

(b) the following apply:

  (i) the person was a family member of another person at the time the other person became a refugee before the assessment day;

  (ii) the person is a family member of that other person on the assessment day or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen on the assessment day; or

(d) the person is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.

(62) Schedule 4, item 3, page 21 (line 26), omit "subsection (7)", substitute "subsection (7A)".

(63) Schedule 4, item 5, page 22 (line 16), omit paragraph 115CBA(1)(b), substitute:

(b) becomes the holder of a permanent visa, except:

  (i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or

  (ii) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or

  (iii) a visa of a kind determined in an instrument under subsection (1A).

(64) Schedule 4, item 5, page 22 (after line 16), after subsection 115CBA(1), insert:

(1A) The Minister may, by legislative instrument, determine a kind of visa for the purposes of subparagraph (1)(b)(iii).

(1B) Paragraph (1)(b) does not apply in relation to a person if, at any time before the commencement of this subsection, the person held a visa covered by paragraph (1)(a).

(65) Schedule 4, item 5, page 22 (line 21), omit "referred to in", substitute "covered by".

(66) Schedule 4, item 5, page 22 (line 29), omit "156", substitute "104".

(67) Schedule 4, item 5, page 23 (line 8), omit "156", substitute "104".

(68) Schedule 4, item 5, page 23 (line 17), omit "156", substitute "104".

(69) Schedule 4, item 5, page 23 (line 19) to page 24 (line 13), omit subsections 115CBA(5) to (7), substitute:

Exemptions

(5) Subsection (1) does not apply to a person if, on the day before the day that would be the start of the person's DAPP period if a payability determination were made:

(a) the person is receiving a social security pension (within the meaning of the Social Security Act 1991) or a social security benefit (within the meaning of that Act); or

(b) the person is receiving farm household allowance under the Farm Household Support Act 2014.

(6) Subsection 115CB(9) does not apply to a person in respect of a day in the newly arrived resident's waiting period for the person if on that day the person holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act 1991.

(7) Subsection 115CB(9) does not apply to a person in respect of a day (the assessment day) in the newly arrived resident's waiting period for the person if:

(a) on the assessment day the person is a refugee or a former refugee; or

(b) the following apply:

  (i) the person was a family member of another person at the time the other person became a refugee before the assessment day;

  (ii) the person is a family member of that other person on the assessment day or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen on the assessment day; or

(d) the person is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.

(70) Page 24 (after line 30), at the end of the Bill, add:

Schedule 5—Other amendments

Part 1—Higher income free area and indexation

A New Tax System (Family Assistance) Act 1999

1 Clause 2 of Schedule 1 (cell at table item 1, column 1)

Repeal the cell, substitute:

2 Subclause 3(7) of Schedule 4

Repeal the subclause, substitute:

Indexation rules for certain income limits for certain years

(7) The FTB basic HIFA (A) is not to be indexed on 1 July 2019 and 1 July 2020.

(7A) For the purposes of working out the indexed amount for the FTB basic HIFA (A) on 1 July 2021, the current figure for the FTB basic HIFA (A) immediately before that day is taken to be $98,988.

(7B) The FTB income limit (B) is not to be indexed on 1 July 2019 and 1 July 2020.

3 Application provision

The amendment made by item 1 applies in relation to working out the Part A rate of family tax benefit for days on or after the commencement of this item.

Paid Parental Leave Act 2010

4 Section 30

Omit "30 June 2020", substitute "30 June 2021".

5 Paragraph 41(a)

Omit "1 July 2020", substitute "1 July 2021".

6 Subsection 42(1)

Omit "1 July 2020", substitute "1 July 2021".

7 Section 115CA

Omit "30 June 2020", substitute "30 June 2021".

Part 2—Taper rate for Part A rate of family tax benefit (Method 2)

A New Tax System (Family Assistance) Act 1999

8 Clause 25 of Schedule 1

Omit "and 25C", substitute ", 25C and 25D".

9 Clause 25 of Schedule 1 (at the end of step 3 of the method statement)

Add:

Note: Clause 25D modifies the application of this step.

10 At the end of Division 1 of Part 3 of Schedule 1

Add:

25D Working out the Method 2 income and maintenance tested rate

In applying step 3 of the method statement in clause 25, step 2 of the method statement in clause 3 is taken to be replaced with the following:

Step 2. Subtract the individual's income free area (worked out under clause 38N) from the individual's higher income free area (worked out under clause 2).

Step 2A. Work out 20% of the amount at step 2.

Step 2B. Subtract the individual's higher income free area (worked out under clause 2) from the individual's adjusted taxable income.

Step 2C. Work out 30% of the amount at step 2B.

Step 2D. The individual's reduction for adjusted taxable income is the sum of the amounts at steps 2A and 2C. Take that reduction away from the individual's maximum rate: the result is the individual's income tested rate.

11 Application provision

The amendments made by this Part apply in relation to working out the Part A rate of family tax benefit for days on or after the commencement of this item.

Question agreed to.

Bill, as amended, agreed to.

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