Kim Carr (Victoria, Australian Labor Party, Minister for Innovation, Industry, Science and Research) Share this | Hansard source

I present the statement of reasons and a statement by the clerk:

The statements read as follows—

Parliamentary Counsel - Social Security and Other Legislation Amendment (Income Support for Students) Bill 2009 BV265

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendment (14)

The effect of this amendment is to expand the circumstances in which persons will be eligible for student start-up scholarship payments and relocation scholarship payments in 2010. It is covered by section 53 because it will increase the amount of expenditure out of the Consolidated Revenue Fund under the standing appropriation in section 242 of the Social Security (Administration) Act 1999.

Amendment (16)

The effect of this amendment is to provide for a new scheme requiring the expenditure of $20 million for assistance for the undertaking of higher education by certain people. It is covered by section 53 because it will increase the amount of expenditure out of the Consolidated Revenue Fund under the standing appropriation in section 242 of the Social Security (Administration) Act 1999.

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Social Security and Other Legislation Amendment (Income Support for Students) Bill 2009 [No. 2] SHEET REVISED BV265

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendments (14) and (16)

The Senate has long followed the practice that it should treat as requests amendments which would result in increased expenditure under a standing appropriation, although this interpretation is not entirely consistent with other elements of the established interpretation of the third paragraph of section 53 of the Constitution.

On the basis that these amendments would result in increased expenditure under the standing appropriation in the Social Security (Administration) Act 1999, it is in accordance with the precedents of the Senate that these amendments be moved as requests.

Bill, as amended, agreed to, subject to requests.

Bill reported with amendments and requests; report adopted.