Luke Hartsuyker (Cowper, National Party, Assistant Minister for Employment) Share this | Link to this | Hansard source

I present the supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments (1) to (18) as circulated together.

Leave granted.

I move government amendments (1) to (18) as circulated together:

(1) Schedule 1, item 12, page 11 (after line 9), at the end of section 97CA, add:

(5) For the purposes of paragraph (1)(c), if, under subsection 97HA(5), Comcare has permitted an amount of exit contribution payable by the body corporate to be paid in instalments, assume that all of those instalments have been paid to Comcare.

(2) Schedule 1, item 12, page 12 (after line 21), at the end of section 97CB, add:

(6) For the purposes of paragraph (1)(d), if, under subsection 97HA(5), Comcare has permitted an amount of exit contribution payable by the successor to be paid in instalments, assume that all of those instalments have been paid to Comcare.

(3) Schedule 1, item 12, page 13 (after line 21), at the end of section 97CC, add:

(5) For the purposes of paragraph (1)(b), if, under subsection 97HA(5), Comcare has permitted an amount of exit contribution payable by the Australian Capital Territory to be paid in instalments, assume that all of those instalments have been paid to Comcare.

(4) Schedule 1, item 21, page 19 (line 4), omit "3 years", substitute "7 years".

(5) Schedule 1, item 40, page 25 (after line 18), after subsection 97Q(2), insert:

  (2A) A determination under subsection (1) may only be made during the 7-year period beginning at the cessation time.

(6) Schedule 1, item 40, page 26 (after line 23), after subsection 97QA(2), insert:

  (2A) A determination under subsection (1) may only be made during the 7-year period beginning at the cessation time.

(7) Schedule 1, item 40, page 27 (after line 21), after subsection 97QB(2), insert:

  (2A) A determination under subsection (1) may only be made during the 7-year period beginning at the cessation time.

(8) Schedule 1, item 40, page 27 (after line 26), after section 97QB, insert:

97QBA Refund of exit contributions to former Commonwealth authorities

(1) If:

  (a) a body corporate ceases to be a Commonwealth authority at a particular time (the cessation time); and

  (b) the body corporate continues in existence; and

(c) the amount that represents so much of available scheme funds as is attributable to:

     (i) premiums paid by the body corporate before the cessation time; and

     (ii) special premiums paid by the body corporate before the cessation time; and

     (iii) interest earned on the premiums and special premiums referred to in subparagraphs (i) and (ii); and

     (iv) exit contributions, or instalments of exit contributions, paid to Comcare by the body corporate after the cessation time; and

     (v) interest earned on exit contributions and instalments referred to in subparagraph (iv);

     exceeds Comcare's liability (if any) under this Act (including liability under actions for non-economic loss), in respect of injuries suffered before the cessation time:

     (vi) if the body corporate did not hold a licence in force under Part VIII—by employees of the body corporate; and

     (vii) if the body corporate held such a licence—by employees of the body corporate in respect of whom the body corporate was not authorised to accept liability;

Comcare may make a determination that a specified amount is payable to the body corporate by way of a refund of the whole or a part of the exit contributions, or instalments of exit contributions, paid to Comcare by the body corporate.

(2) For the purposes of subsection (1), the specified amount must be equal to or less than the excess.

(3) The specified amount is to be paid by Comcare within 28 days after the determination is made.

(4) A determination under subsection (1) may only be made during the 7-year period beginning at the cessation time.

(5) For the purposes of paragraph (1)(c):

  (a) liability includes prospective liability; and

  (b) assume that Comcare's liability is not contingent on:

     (i) the making of a claim for compensation; or

     (ii) the giving of a notice under section 53.

(6) Comcare may defer making a determination under subsection (1) of this section in relation to the body corporate until Comcare has made a payment to the body corporate under section 97Q.

97QBB Refund of exit contributions to successors of former Commonwealth authorities

(1) If:

  (a) a body corporate (the first body corporate) ceases to be a Commonwealth authority at a particular time (the cessation time); and

  (b) the first body corporate ceases to exist at the cessation time; and

(c) under a law of the Commonwealth that was in force at the cessation time, another body corporate (the successor) becomes the successor in law of the liabilities of the first body corporate; and

  (d) the amount that represents so much of available scheme funds as is attributable to:

     (i) premiums paid by the first body corporate before the cessation time; and

     (ii) special premiums paid by the first body corporate before the cessation time; and

     (iii) interest earned on the premiums and special premiums referred to in subparagraphs (i) and (ii); and

     (iv) exit contributions, or instalments of exit contributions, paid to Comcare by the successor after the cessation time; and

     (v) interest earned on exit contributions and instalments referred to in subparagraph (iv);

     exceeds Comcare's liability (if any) under this Act (including liability under actions for non-economic loss), in respect of injuries suffered before the cessation time:

     (vi) if the first body corporate did not hold a licence in force under Part VIII—by employees of the first body corporate; and

     (vii) if the first body corporate held such a licence—by employees of the first body corporate in respect of whom the first body corporate was not authorised to accept liability;

Comcare may make a determination that a specified amount is payable to the successor by way of a refund of the whole or a part of the exit contributions, or instalments of exit contributions, paid to Comcare by the successor.

(2) For the purposes of subsection (1), the specified amount must be equal to or less than the excess.

(3) The specified amount is to be paid by Comcare within 28 days after the determination is made.

(4) A determination under subsection (1) may only be made during the 7-year period beginning at the cessation time.

(5) For the purposes of paragraph (1)(c), liability means any liability, duty or obligation, whether actual, contingent or prospective.

(6) For the purposes of paragraph (1)(d):

  (a) liability includes prospective liability; and

  (b) assume that Comcare's liability is not contingent on:

     (i) the making of a claim for compensation; or

     (ii) the giving of a notice under section 53.

(7) Comcare may defer making a determination under subsection (1) of this section in relation to the successor until Comcare has made a payment to the successor under section 97QA.

97QBC Refund of exit contributions to the Australian Capital Territory if it ceases to be a Commonwealth authority

(1) If:

  (a) the Australian Capital Territory ceases to be a Commonwealth authority at a particular time (the cessation time); and

  (b) the amount that represents so much of available scheme funds as is attributable to:

     (i) premiums paid by the Australian Capital Territory before the cessation time; and

     (ii) special premiums paid by the Australian Capital Territory before the cessation time; and

     (iii) interest earned on the premiums and special premiums referred to in subparagraphs (i) and (ii); and

     (iv) exit contributions, or instalments of exit contributions, paid to Comcare by the Australian Capital Territory after the cessation time; and

     (v) interest earned on exit contributions and instalments referred to in subparagraph (iv);

     exceeds Comcare's liability (if any) under this Act (including liability under actions for non-economic loss), in respect of injuries suffered before the cessation time by employees of the Australian Capital Territory;

Comcare may make a determination that a specified amount is payable to the Australian Capital Territory by way of a refund of the whole or a part of the exit contributions, or instalments of exit contributions, paid to Comcare by the Australian Capital Territory.

(2) For the purposes of subsection (1), the specified amount must be equal to or less than the excess.

(3) The specified amount is to be paid by Comcare within 28 days after the determination is made.

(4) A determination under subsection (1) may only be made during the 7-year period beginning at the cessation time.

(5) For the purposes of paragraph (1)(b):

  (a) liability includes prospective liability; and

  (b) assume that Comcare's liability is not contingent on:

     (i) the making of a claim for compensation; or

     (ii) the giving of a notice under section 53.

(6) Comcare may defer making a determination under subsection (1) of this section until Comcare has made a payment under section 97QB.

(9) Schedule 1, item 40, page 27 (line 28), omit "or 97QB", substitute ", 97QB, 97QBA, 97QBB or 97QBC".

(10) Schedule 1, item 40, page 27 (after line 34), after section 97QC, insert:

97QD Remission of exit contributions payable by former Commonwealth authorities

(1) If:

  (a) a body corporate ceases to be a Commonwealth authority at a particular time (the cessation time); and

  (b) the body corporate continues in existence; and

(c) under subsection 97HA(5), Comcare has permitted an amount of exit contribution payable by the body corporate to be paid in instalments; and

  (d) one or more of those instalments have not been paid; and

(e) the amount that represents so much of available scheme funds as is attributable to:

     (i) premiums paid by the body corporate before the cessation time; and

     (ii) special premiums paid by the body corporate before the cessation time; and

     (iii) interest earned on the premiums and special premiums referred to in subparagraphs (i) and (ii); and

     (iv) instalments of exit contribution paid to Comcare by the body corporate after the cessation time; and

     (v) interest earned on instalments referred to in subparagraph (iv);

     exceeds Comcare's liability (if any) under this Act (including liability under actions for non-economic loss), in respect of injuries suffered before the cessation time:

     (vi) if the body corporate did not hold a licence in force under Part VIII—by employees of the body corporate; and

     (vii) if the body corporate held such a licence—by employees of the body corporate in respect of whom the body corporate was not authorised to accept liability;

Comcare may remit the whole or a part of the amount of any or all of the unpaid instalments.

(2) For the purposes of subsection (1), the total amount remitted must be equal to or less than the excess.

(3) For the purposes of paragraph (1)(e):

  (a) liability includes prospective liability; and

  (b) assume that Comcare's liability is not contingent on:

     (i) the making of a claim for compensation; or

     (ii) the giving of a notice under section 53.

(4) For the purposes of paragraph (1)(e), assume that all instalments of exit contributions payable by the body corporate have been paid to Comcare.

97QE Remission of exit contributions payable by successors of former Commonwealth authorities

(1) If:

  (a) a body corporate (the first body corporate) ceases to be a Commonwealth authority at a particular time (the cessation time); and

  (b) the first body corporate ceases to exist at the cessation time; and

(c) under a law of the Commonwealth that was in force at the cessation time, another body corporate (the successor) becomes the successor in law of the liabilities of the first body corporate; and

  (d) under subsection 97HA(5), Comcare has permitted an amount of exit contribution payable by the successor to be paid in instalments; and

(e) one or more of those instalments have not been paid; and

  (f) the amount that represents so much of available scheme funds as is attributable to:

     (i) premiums paid by the first body corporate before the cessation time; and

     (ii) special premiums paid by the first body corporate before the cessation time; and

     (iii) interest earned on the premiums and special premiums referred to in subparagraphs (i) and (ii); and

     (iv) instalments of exit contribution paid to Comcare by the successor after the cessation time; and

     (v) interest earned on instalments referred to in subparagraph (iv);

     exceeds Comcare's liability (if any) under this Act (including liability under actions for non-economic loss), in respect of injuries suffered before the cessation time:

     (vi) if the first body corporate did not hold a licence in force under Part VIII—by employees of the first body corporate; and

     (vii) if the first body corporate held such a licence—by employees of the first body corporate in respect of whom the first body corporate was not authorised to accept liability;

Comcare may remit the whole or a part of the amount of any or all of the unpaid instalments.

(2) For the purposes of subsection (1), the total amount remitted must be equal to or less than the excess.

(3) For the purposes of paragraph (1)(c), liability means any liability, duty or obligation, whether actual, contingent or prospective.

(4) For the purposes of paragraph (1)(f):

  (a) liability includes prospective liability; and

  (b) assume that Comcare's liability is not contingent on:

     (i) the making of a claim for compensation; or

     (ii) the giving of a notice under section 53.

(5) For the purposes of paragraph (1)(f), assume that all instalments of exit contributions payable by the successor have been paid to Comcare.

97QF Remission of exit contributions payable by the Australian Capital Territory if it ceases to be a Commonwealth authority

(1) If:

  (a) the Australian Capital Territory ceases to be a Commonwealth authority at a particular time (the cessation time); and

  (b) under subsection 97HA(5), Comcare has permitted an amount of exit contribution payable by the Australian Capital Territory to be paid in instalments; and

(c) one or more of those instalments have not been paid; and

  (d) the amount that represents so much of available scheme funds as is attributable to:

     (i) premiums paid by the Australian Capital Territory before the cessation time; and

     (ii) special premiums paid by the Australian Capital Territory before the cessation time; and

     (iii) interest earned on the premiums and special premiums referred to in subparagraphs (i) and (ii); and

     (iv) instalments of exit contribution paid to Comcare by the Australian Capital Territory after the cessation time; and

     (v) interest earned on instalments referred to in subparagraph (iv);

     exceeds Comcare's liability (if any) under this Act (including liability under actions for non-economic loss), in respect of injuries suffered before the cessation time by employees of the Australian Capital Territory;

Comcare may remit the whole or a part of the amount of any or all of the unpaid instalments.

(2) For the purposes of subsection (1), the total amount remitted must be equal to or less than the excess.

(3) For the purposes of paragraph (1)(d):

  (a) liability includes prospective liability; and

  (b) assume that Comcare's liability is not contingent on:

     (i) the making of a claim for compensation; or

     (ii) the giving of a notice under section 53.

(4) For the purposes of paragraph (1)(d), assume that all instalments of exit contributions payable by the Australian Capital Territory have been paid to Comcare.

(11) Schedule 1, item 47, page 29 (line 2), omit "and".

(12) Schedule 1, item 51, page 29 (line 15), omit "and".

(13) Schedule 1, item 55, page 29 (line 28), omit "and".

(14) Schedule 1, item 59, page 30 (line 13), omit "and".

(15) Schedule 1, page 30 (after line 13), at the end of the Schedule, add:

60 Subparagraph 97QBA(1)(c)(vi)

  Omit "did not hold a licence in force under Part VIII", substitute "was not a licensee".

61 Subparagraph 97QBA(1)(c)(vii)

  Omit "such a licence", substitute "a single employer licence".

62 At the end of subparagraph 97QBA(1)(c)(vii)

  Add "and".

63 After subparagraph 97QBA(1)(c)(vii)

  Insert:

     (viii) if the body corporate was covered by a group employer licence—by employees of the body corporate in respect of whom a relevant authority for the licence was not authorised to accept liability;

(16) Schedule 1, page 30, at the end of the Schedule, add (after proposed item 63):

64 Subparagraph 97QBB(1)(d)(vi)

  Omit "did not hold a licence in force under Part VIII", substitute "was not a licensee".

65 Subparagraph 97QBB(1)(d)(vii)

  Omit "such a licence", substitute "a single employer licence".

66 At the end of subparagraph 97QBB(1)(d)(vii)

  Add "and".

67 After subparagraph 97QBB(1)(d)(vii)

  Insert:

     (viii) if the first body corporate was covered by a group employer licence—by employees of the first body corporate in respect of whom a relevant authority for the licence was not authorised to accept liability;

(17) Schedule 1, page 30, at the end of the Schedule, add (after proposed item 67):

68 Subparagraph 97QD(1)(e)(vi)

  Omit "did not hold a licence in force under Part VIII", substitute "was not a licensee".

69 Subparagraph 97QD(1)(e)(vii)

  Omit "such a licence", substitute "a single employer licence".

70 At the end of subparagraph 97QD(1)(e)(vii)

  Add "and".

71 After subparagraph 97QD(1)(e)(vii)

  Insert:

     (viii) if the body corporate was covered by a group employer licence—by employees of the body corporate in respect of whom a relevant authority for the licence was not authorised to accept liability;

(18) Schedule 1, page 30, at the end of the Schedule, add (after proposed item 71):

72 Subparagraph 97QE(1)(f)(vi)

  Omit "did not hold a licence in force under Part VIII", substitute "was not a licensee".

73 Subparagraph 97QE(1)(f)(vii)

  Omit "such a licence", substitute "a single employer licence".

74 At the end of subparagraph 97QE(1)(f)(vii)

  Add "and".

75 After subparagraph 97QE(1)(f)(vii)

  Insert:

     (viii) if the first body corporate was covered by a group employer licence—by employees of the first body corporate in respect of whom a relevant authority for the licence was not authorised to accept liability;

Question agreed to.

Bill, as amended, agreed to.