Ursula Stephens (NSW, Australian Labor Party, Parliamentary Secretary Assisting the Prime Minister for Social Inclusion) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to the government’s amendments and request for amendments to be moved to this bill. The memorandum was circulated in the chamber on 12 May 2009. I seek leave to move these amendments and requests together.

Leave granted.

I move government amendments and requests for amendments on sheet BE200:

(1)    Clause 2, page 2 (after table item 1), insert:

(2)    Clause 2, page 2 (table item 2), omit the table item, substitute:

(3)    Clause 2, page 2 (before table item 3), insert:

(4)    Schedule 1, item 6, page 6 (line 19), omit “at or after the commencement of this item”, substitute “on or after 1 July 2009”.

(5)    Schedule 1, item 6, page 6 (line 21), omit “at or after the commencement of this item”, substitute “on or after 13 May 2008”.

(6)    Schedule 1, item 7, page 6 (lines 25 and 26), omit “at or after the commencement of this item”, substitute “on or after 1 July 2009”.

(7)    Schedule 1, item 7, page 6 (line 28), omit “at or after the commencement of this item”, substitute “on or after 13 May 2008”.

(8)    Schedule 1, page 6 (after line 28), at the end of the Schedule, add:

Seafarers Rehabilitation and Compensation Act 1992

8  Subsection 23(1) (definition of relevant amount)

Omit “29(3), (4) or (5),”.

Note:                The heading to section 23 is altered by adding at the end “Consumer Price Index”.

9  After section 23

Insert:

Definitions

        (1)    In this section:

index number, in relation to a quarter, means:

             (a)    the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) number published by the Australian Statistician in respect of that quarter; or

             (b)    if:

                   (i)    a series of index numbers is prescribed for the purposes of this paragraph; and

                  (ii)    the Australian Statistician publishes an index number in respect of the quarter; and

                 (iii)    that index number belongs to the series;

                      that index number.

relevant amount means the amount specified in subsection 29(3), (4) or (5).

relevant year means:

             (a)    the financial year starting on 1 July 2009; or

             (b)    a later financial year.

Indexation

        (2)    If the indexation factor for a relevant year is greater than one, this Act has effect as if for each relevant amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor:

             (a)    if, because of one or more other applications of this section, this Act has effect as if another amount or amounts were substituted for the relevant amount—the substituted amount or the last substituted amount; or

             (b)    in any other case—the relevant amount.

Indexation factor

        (3)    For the purposes of this section, the indexation factor for a relevant year is the number calculated, to 3 decimal places, using the formula:

where:

base December quarter means the last December quarter before the reference December quarter.

reference December quarter means the last December quarter before the relevant year.

        (4)    If the number calculated under subsection (3) for a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the number so calculated is increased by 0.001.

Other provisions

        (5)    Subject to subsection (6), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number for a quarter in substitution for an index number previously published for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.

        (6)    If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for:

             (a)    the Wage Price Index; or

             (b)    another index;

then, for the purposes of the application of this section after the change took place or takes place, regard is to be had only to the index number published in terms of the new reference base.

10  Paragraphs 29(3)(a) and (4)(a)

Omit “$151,167.84”, substitute “$412,000”.

11  Subsection 29(5)

Omit “$50.38”, substitute “$113.30”.

12  Application—compensation for the benefit of dependants

(1)    The amendments made by items 8 and 9, to the extent that they relate to subsections 29(3) and (4) of the Seafarers Rehabilitation and Compensation Act 1992, apply in relation to the death of an employee that occurs on or after 1 July 2009.

(2)    The amendment made by item 10 applies in relation to the death of an employee that occurs at or after the commencement of this item.

13  Application—compensation for the benefit of children

(1)    The amendments made by items 8 and 9, to the extent that they relate to subsection 29(5) of the Seafarers Rehabilitation and Compensation Act 1992, apply in relation to a payment for a week that begins on or after 1 July 2009.

(2)    The amendment made by item 11 applies in relation to a payment for a week that begins at or after the commencement of this item.

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.

Amendments (2), (5) and (7)

The effect of these amendments is to enlarge the class of persons who could receive increased compensation. The amendments are covered by section 53 because the amendments could result in an increase in the amount covered by the standing appropriation in section 90D of the Safety, Rehabilitation and Compensation Act 1988.

Employment and Workplace Relations Amendment Bill 2008

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

Amendments (2), (5) and (7)

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 consistent with other elements of the established interpretation of the third paragraph of section 53 of the Constitution. This has nothing to do with the introduction of bills under the first paragraph of section 53.

If it is correct that these amendments increase the number of individuals eligible for death benefits payable from standing appropriations, it is in accordance with the precedents of the Senate that the amendments be moved as requests.

Question agreed to.

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

Bill reported with amendments and requests; report adopted.