Santo Santoro (Queensland, Liberal Party, Minister for Ageing) Share this | Hansard source

I will take the interjection from Senator Patterson so that it can go on the record: she will be watching closely. I am sure that she will be true to her commitment.

On her first question, I have received some further advice which will hopefully clarify the senator’s concern. I have been advised that we are talking about section 1209Y, which is about the attribution of assets. The relevant clause is 1209Y(1), which states:

For the purposes of this Act, the assets of a special disability trust are not to be included in the assets of the principal beneficiary of the trust.

I have been advised that the particular clause applies regardless of the kind of payment being considered—in fact, regardless of the kind of payment in place—that the particular subsection is not linked to any form of payment and that it therefore applies irrespective. That is the advice that I have just been provided with. I wonder whether that, in fact, satisfies Senator Patterson’s query.