Alex Hawke (Mitchell, Liberal Party, Assistant Minister to the Treasurer) Share this | Link to this | Hansard source

I present a supplementary explanatory memorandum and seek leave to move government amendments (1) to (23) together.

Leave granted.

I move government amendments (1) to (23):

(1) Clause 2, page 2 (cell at table item 2, column 2), omit the cell, substitute:

(2) Clause 2, page 2 (table item 3), omit "2,".

(3) Clause 2, page 2 (table item 4), omit the table item.

(4) Clause 3, page 2 (line 8), omit "(1)".

(5) Clause 3, page 2 (lines 12 to 15), omit subclause (2).

(6) Schedule 1, item 11, page 5 (line 25), omit "subsection 1223ABF(2)", substitute "subsection 1061ZVDA(5)".

(7) Schedule 1, item 15, page 7 (line 17), omit "subsection 1223ABF(2)", substitute "subsection 1061ZVDA(5)".

(8) Schedule 1, item 24, page 14 (line 5), omit "subsection 1223ABF(2)", substitute "subsection (5)".

(9) Schedule 1, item 24, page 14 (after line 17), at the end of section 1061ZVDA, add:

(5) A person's enrolment test day, for a qualification period, is the earliest of the following days:

  (a) if the relevant approved scholarship course ends in the qualification period—the last day of that approved scholarship course;

  (b) the last day of the qualification period;

(c) the 35th day of the period starting on whichever of the following applies:

     (i) if the person's qualification test day for the qualification period was before the first day of the relevant approved scholarship course—the first day of that approved scholarship course;

     (ii) otherwise—the qualification test day.

Note: For approved scholarship course, see section 592M.

(10) Schedule 1, page 28 (before line 1), after item 26, insert:

26A After subsection 1192(8A)

  Insert:

  (8B) The student start-up loan amount (see item 41A of the CPI Indexation Table in subsection 1191(1)) is not to be indexed on 1 January 2016.

(11) Schedule 1, item 28, page 28 (line 3) to page 29 (line 19), omit the item, substitute:

28 After section 1223ABE

  Insert:

1223ABF Debts in respect of student start -up loans

(1) If:

  (a) a person is paid a student start-up loan for a qualification period; and

  (b) the circumstances determined under subsection (2) apply to the person;

then:

  (c) the amount of the loan is a debt due to the Commonwealth; and

  (d) the debt is taken to have arisen when the person was paid the loan.

(2) The Minister may, by legislative instrument, determine circumstances in which subsection (1) applies to a person who has not met, or who has ceased to meet, the condition in subparagraph 1061ZVBB(1)(a)(iii) or (2)(a)(iii).

(3) Subsection (1) does not apply to a person if, in the Secretary's opinion, the person did not meet, or ceased to meet, the condition in subparagraph 1061ZVBB(1)(a)(iii) or (2)(a)(iii) because of exceptional circumstances beyond the person's control.

(12) Schedule 1, item 29, page 29 (lines 20 to 24), omit the item.

(13) Schedule 1, item 54, page 38 (line 13), omit "subsection 38A(2)", substitute "subsection 8B(5)".

(14) Schedule 1, item 67, page 44 (line 16), omit "subsection 38A(2)", substitute "subsection (5)".

(15) Schedule 1, item 67, page 44 (after line 28), at the end of section 8B, add:

(5) A person's enrolment test day, for a qualification period, is the earliest of the following days:

  (a) if the relevant approved scholarship course ends in the qualification period—the last day of that approved scholarship course;

  (b) the last day of the qualification period;

(c) the 35th day of the period starting on whichever of the following applies:

     (i) if the person's qualification test day for the qualification period was before the first day of the relevant approved scholarship course—the first day of that approved scholarship course;

     (ii) otherwise—the qualification test day.

(16) Schedule 1, item 68, page 58 (lines 16 to 25), omit the item.

(17) Schedule 1, item 71, page 58 (line 31) to page 59 (line 30), omit the item, substitute:

71 After section 38

  Insert:

38A ABSTUDY student start -up loan overpayments

(1) If:

  (a) a person is paid an ABSTUDY student start-up loan for a qualification period; and

  (b) the circumstances determined under subsection (2) apply to the person;

then the amount of the loan is an ABSTUDY student start-up loan overpayment.

(2) The Minister may, by legislative instrument, determine circumstances in which subsection (1) applies to a person who has not met, or who has ceased to meet, the condition in subparagraph 7C(1)(a)(iii).

(3) Subsection (1) does not apply to a person if, in the Secretary's opinion, the person did not meet, or ceased to meet, the condition in subparagraph 7C(1)(a)(iii) because of exceptional circumstances beyond the person's control.

(18) Schedule 1, heading to Part 2, page 71 (line 1), omit the heading, substitute:

Part 2—Saving provision

(19) Schedule 1, item 112, page 71 (lines 8 to 23), omit the item.

(20) Schedule 2, page 72 (line 1) to page 77 (line 26), omit the Schedule.

(21) Schedule 3, item 10, page 79 (lines 11 and 12), omit "the first 1 January that occurs at least 3 months after the day on which this Act receives the Royal Assent", substitute "1 January 2017".

(22) Schedule 4, item 8, page 80 (lines 21 and 22), omit "the first 1 January that occurs at least 3 months after the day on which this Act receives the Royal Assent", substitute "1 January 2017".

(23) Schedule 5, page 81 (line 1) to page 96 (line 10), omit the Schedule.

I commend the amendments to the House.

Russell Broadbent (McMillan, Liberal Party) Share this | Link to this | Hansard source

The question is that the amendments be agreed to.

A division having been called and the bells having been rung—

As there are fewer than five members on the side for the noes, I declare the question resolved in the affirmative in accordance with standing order 127. The names of those members who are in the minority will be recorded in the Votes and Proceedings.

Question agreed to, Mr Bandt, Mr Katter and Mr Wilkie voting no.

Bill, as amended, agreed to.