Social Security Legislation Amendment Act (No. 2) 1992

No. 229 of 1992

An Act to amend the Social Security Act 1991, and for related purposes

[Assented to 24 December 1992]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title etc.

1.(1) This Act may be cited as the Social Security Legislation Amendment Act (No. 2) 1992.

(2) In this Act, “Principal Act” means the Social Security Act 19911.

Commencement

2.(1) The following provisions commence on the day on which this Act receives the Royal Assent:

(a) Part 1;

(c)     paragraphs 34(b) and (c);

(d)     paragraphs 36(b) and (c);

(e)     Part 3;

(f)      Part 1 of Schedule 3;

(g) Part 1 of Schedule 4;

(h) Schedule 7;

(i) Schedule 8.

(2)     Part 2 of Schedule 4 is taken to have commenced on 25 June 1991, immediately after the Social Security (Job Search and Newstart) Amendment Act 1991 received the Royal Assent.

(3)     Part 3 of Schedule 4 is taken to have commenced on 27 June 1991, immediately after the Social Security (Rewrite) Amendment Act 1991 received the Royal Assent.

(4)     Parts 2 and 5 of Schedule 3 are taken to have commenced on 1 July 1991, immediately after the commencement of the Social Security Act 1991.

(5)     Part 4 of Schedule 3 is taken to have commenced on 1 July 1991, immediately after the commencement of the Social Security (Rewrite) Amendment Act 1991.

(6)     Part 3 of Schedule 3 is taken to have commenced on 1 July 1991, immediately after the commencement of the Social Security (Job Search and Newstart) Amendment Act 1991.

(7)     Part 4 of Schedule 4 is taken to have commenced on 9 October 1991, immediately after the Social Security (Disability and Sickness Support) Amendment Act 1991 received the Royal Assent.

(8)     Part 6 of Schedule 3 and Part 5 of Schedule 4 are taken to have commenced on 12 November 1991, immediately after the commencement of Part 2 of the Social Security (Disability and Sickness Support) Amendment Act 1991.

(9) Part 6 of Schedule 4 is taken to have commenced on 12 November 1991, immediately after the commencement of Part 5 of the Social Security Legislation Amendment Act (No. 3) 1991.

(10) Part 7 of Schedule 3 is taken to have commenced on 13 December 1991 immediately after the Social Security Legislation Amendment Act (No. 4) 1991 received the Royal Assent.

(11) Division 6 of Part 2 is taken to have commenced on 1 January 1992.

(12)     Part 8 of Schedule 3 is taken to have commenced on 1 January 1992, immediately after the commencement of section 48 of the Social Security Legislation Amendment Act (No. 4) 1991.

(13)     Part 9 of Schedule 3 is taken to have commenced on 2 January 1992.

(14)     Part 10 of Schedule 3 is taken to have commenced on 12 March 1992.

(15)     Part 11 of Schedule 3 is taken to have commenced on 20 March 1992.

(16)     Part 1 of Schedule 2 is taken to have commenced on 26 June 1992, immediately after the Social Security (Family Payment) Amendment Act 1992 received the Royal Assent.

(17)     Part 12 of Schedule 3 is taken to have commenced on 30 June 1992, immediately after the Social Security Legislation Amendment Act 1992 received the Royal Assent.

(18)     Part 7 of Schedule 4 is taken to have commenced on 29 June 1992.

(19)     Part 13 of Schedule 3 and Part 8 of Schedule 4 are taken to have commenced on 1 July 1992, immediately after the commencement of sections 76, 82, 87 and 93 of the Social Security Legislation Amendment Act (No. 3) 1991.

(20)     Part 14 of Schedule 3 and Part 9 of Schedule 4 are taken to have commenced on 2 November 1992, immediately after the commencement of the Social Security Amendment Act 1992.

(21)     The following provisions commence, or are taken to have commenced, on 1 January 1993, immediately after the commencement of the Social Security (Family Payment) Amendment Act 1992:

(c)     Schedule 1;

(d)     Parts 2 and 3 of Schedule 2;

(e)     Schedule 5;

(f)      Schedule 6.

(22) Sections 60 to 70 commence on 20 March 1993.

Application

3.(1) The first adjustment of the additional family payment child maximum basic rates under section 1199 of the Principal Act using the amendments made by this Act takes place on 1 January 1994.

(2) The amendments made by sections 11 to 26 apply to payments of arrears of periodic compensation payments:

(a)     that are made on or after 1 January 1993; and

(3)     The amendments made by paragraphs 34(b) and (c) and paragraphs 36(b) and (c) apply to notices sent on or after the day on which this Act receives the Royal Assent.

(4)     The amendment made by paragraph 148(b) applies to a cancellation or cessation that occurs on or after the day on which this Act receives the Royal Assent.

(5)     The indexation of pharmaceutical allowance rates that occurs on 1 January 1993 (see items 31 and 32 of the CPI Indexation Table in section 1191 of the Principal Act) operates on the amounts in the Pharmaceutical Allowance Amount Tables that are being inserted in the Principal Act by Division 9 of Part 2 of this Act.

PART 2—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991

Division 1—Transfers from pensions to benefits

General definitions

4. Section 23 of the Principal Act is amended by omitting from subsection (6) “that immediately follows the day on which the person ceases to receive the old pension or benefit” and substituting:

“that immediately follows:

Qualification for job search allowance

5.(1) Section 513 of the Principal Act is amended by adding at the end the following subsection:

“(4) If:

the person is taken to be qualified for a job search allowance for the whole of the 14 day period.

(2) Subsection 513(4) of the Principal Act inserted by subsection (1) comes after subsection 513(3) of that Act inserted by paragraph 133(1)(c) of this Act.

Qualification for newstart allowance

6.(1) Section 593 of the Principal Act is amended by adding at the end the following subsection:

“(4) If:

the person is taken to be qualified for a newstart allowance for the whole of the 14 day period.

(2) Subsection 593(4) of the Principal Act inserted by subsection (1) comes after subsection 593(3) of that Act inserted by paragraph 135(1)(c) of this Act.

Qualification for sickness allowance

7. Section 666 of the Principal Act is amended by adding at the end the following subsection:

“(10) If:

the person is taken to be qualified for a sickness allowance for the whole of the 14 day period.

Qualification for special benefit

8. Section 729 of the Principal Act is amended by adding at the end the following subsection:

“(6) If:

the person is taken to be qualified for a special benefit for the whole of the 14 day period.

Division 2—Ordinary income test

Rate of job search allowance (under 18) and sickness allowance (under 18)

9. Section 1067 of the Principal Act is amended in point 1067-H11 of Benefit Rate Calculator A:

(c)     by adding at the end the following Note:

Rate of job search allowance (18 or over) and newstart allowance and sickness allowance (18 or over)

10. Section 1068 of the Principal Act is amended in point 1068-G11 of Benefit Rate Calculator B:

(c)     by adding at the end the following Note:

Division 3—Compensation recovery

Index of definitions

11. Section 3 of the Principal Act is amended by inserting in the Index the following definition:

“compensation arrears debt 23(1)”.

Compensation recovery definitions

12. Section 17 of the Principal Act is amended:

“ ‘periodic payments period’ means:

(b) by adding at the end of subsection (4A) the following Note:

General definitions

13. Section 23 of the Principal Act is amended by inserting in subsection (1) the following definition:

“ ‘compensation arrears debt’ means an amount that a person is liable to pay to the Commonwealth because of an adverse determination under section 146E, 185, 234, 300, 589, 660L, 728R or 821;”.

Date of effect of adverse determination

14. Section 146E of the Principal Act is amended:

(b)    by adding at the end the following subsections:

“(7) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—rate reduction

“(8) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.”.

Date of effect of adverse determination

15. Section 185 of the Principal Act is amended:

(b)    by adding at the end the following subsections:

“(7) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—rate reduction

“(8) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.”.

Date of effect of adverse determination

16. Section 234 of the Principal Act is amended:

(b)    by adding at the end the following subsections:

“(7) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—rate reduction

“(8) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.”.

Date of effect of adverse determination

17. Section 300 of the Principal Act is amended:

(b)    by adding at the end the following subsections:

“(7) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—rate reduction

“(8) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.”.

Date of effect of adverse determination

18. Section 589 of the Principal Act is amended:

(b)    by adding at the end the following subsections:

“(7) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—rate reduction

“(8) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.”.

Date of effect of adverse determination

19. Section 660L of the Principal Act is amended:

(b) by adding at the end the following subsections:

“(7) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—rate reduction

“(8) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.”.

Date of effect of adverse determination

20. Section 728R of the Principal Act is amended:

(b)    by adding at the end the following subsections:

“(7) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—rate reduction

“(8) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.”.

Date of effect of adverse determination

21. Section 821 of the Principal Act is amended:

(b)    by adding at the end the following subsections:

“(7) If:

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—rate reduction

“(8) If:

the rate at which the special needs pension should have been paid;

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.”.

Rate of age, disability support, wife and carer pensions (people who are not blind)

22. Section 1064 of the Principal Act is amended in Pension Rate Calculator A by inserting after point 1064-E2 the following point:

the person is taken to receive on each day in the periodic payments period an amount calculated by dividing the amount received by the number of days in the periodic payments period.

Note: for ‘periodic payments period’ see section 17.”.

Rate of sole parent pension, widowed person allowance and widow B pension

23. Section 1066 of the Principal Act is amended in Pension Rate Calculator C by inserting after point 1066-E2 the following point:

Payment of arrears of periodic compensation payments

“1066-E3. If:

the person is taken to receive on each day in the periodic payments period an amount calculated by dividing the amount received by the number of days in the periodic payments period.

Note: for ‘periodic payments period’ see section 17.”.

Rate of disability support pension (people under 21 who are not blind)

24. Section 1066A of the Principal Act is amended in Pension Rate Calculator D by inserting after point 1066A-F2 the following point:

Payment of arrears of periodic compensation payments

“1066A-F2A. If:

the person is taken to receive on each day in the periodic payments period an amount calculated by dividing the amount received by the number of days in the periodic payments period.

Note: for ‘periodic payments period’ see section 17.”.

Rate of job search allowance (under 18) and sickness allowance (under 18)

25. Section 1067 of the Principal Act is amended in Benefit Rate Calculator A:

(b)    by inserting before point 1067-H9 the following point:

Payment of arrears of periodic compensation payments

“1067-H8A. If:

the person is taken to receive in a fortnight falling within, or overlapping with, the periodic payments period, an amount calculated by:

Note: for ‘periodic payments period’ see section 17.”.

Rate of job search allowance (18 or over) and newstart allowance and sickness allowance (18 or over)

26. Section 1068 of the Principal Act is amended in Benefit Rate Calculator B:

(b) by inserting before point 1068-G9 the following point:

Payment of arrears of periodic compensation payments

“1068-G8A. If:

the person is taken to receive in a fortnight falling within, or overlapping with, the periodic payments period, an amount calculated by:

Note: for ‘periodic payments period’ see section 17.”.

General effect of Part

27. Section 1163 of the Principal Act is amended:

“(iiia) carer pension;”;

(b) by adding at the end the following subsection:

“(8) The amendments of this Part relating to carer pensions made by the Social Security Legislation Amendment Act (No. 2) 1992 affect carer pensions only if:

Secretary may require person to take action to obtain compensation

28. Section 1164 of the Principal Act is amended:

“(iiia) carer pension; or”;

“(iiia) carer pension; or”.

Pension benefit or allowance not payable during lump sum preclusion period

29. Section 1165 of the Principal Act is amended:

“(iiia) carer pension; or”;

“(iiia) carer pension; or”;

“(iiia) carer pension; or”;

Person may have to repay amount where both lump sum and pension, benefit or allowance payments have been received

30. Section 1166 of the Principal Act is amended:

“(iiia) carer pension; or”;

“CP

DSP”;

“CP

DSP”;

“CP

DSP”;

“(7) In subsections (5) and (6):

‘family allowance supplement’ means family allowance supplement within the meaning of the Social Security Act 1991 as in force immediately before 1 January 1993.”.

Rate reduction of certain pensions, benefits and allowances where periodic compensation payments received

31. Section 1168 of the Principal Act is amended:

“(iva) carer pension; or”;

(b) by adding at the end of subsection (1) the following Note:

“CP

DSP”;

“CP

DSP”;

“CP

DSP”;

“CP

DSP”;

“CP

DSP”;

Person may have to repay amount where both periodic compensation payments and pension, benefit or allowance payments have been received

32. Section 1170 of the Principal Act is amended:

“(iva) carer pension; or”;

(b) by inserting after paragraph (1)(c) the following Note:

“CP

DSP”;

“CP

DSP”;

“CP

DSP”;

Secretary may send preliminary notice to potential compensation payer

33. Section 1172 of the Principal Act is amended by inserting after subparagraph (1)(b)(iii) the following subparagraph:

“(iiia) carer pension; or”.

Secretary may send recovery notice to compensation payer

34. Section 1174 of the Principal Act is amended:

“(iiia) carer pension; or”;

(e) by inserting after subsection (6) the following subsections:

“(6A) If:

the amount specified in the notice under subsection (1) is to be reduced by the notional FAS entitlement.

“(6B) For the purposes of subsection (6A), the ‘notional FAS entitlement’ is the amount of family allowance supplement that the person or the person’s partner would, in the Secretary’s opinion, have received during the overpayment recovery period if:

“(6C) In subsections (6A) and (6B):

‘family allowance supplement’ means family allowance supplement within the meaning of the Social Security Act 1991 as in force immediately before 1 January 1993.”.

Secretary may send preliminary notice to insurer

35. Section 1177 of the Principal Act is amended by inserting after subparagraph (1)(a)(iii) the following subparagraph:

“(iiia) a carer pension; or”.

Secretary may send recovery notice to insurer

36. Section 1179 of the Principal Act is amended:

“(iiia) a carer pension; or”;

(e)     by inserting after subsection (6) the following subsections:

“(6A) If:

the amount specified in the notice under subsection (1) is to be reduced by the notional FAS entitlement.

“(6B) For the purposes of subsection (6A), the ‘notional FAS entitlement’ is the amount of family allowance supplement that the person or the person’s partner would, in the Secretary’s opinion, have received during the overpayment recovery period if:

“(6C) In subsections (6A) and (6B):

‘family allowance supplement’ means family allowance supplement within the meaning of the Social Security Act 1991 as in force immediately before 1 January 1993.”.

General effect of Chapter

37. Section 1222 of the Principal Act is amended:

(a) by omitting from Note 1 to subsection (1):

“• section 1226 debts—compensation payer and insurer debts;”; and substituting:

Debts due to the Commonwealth

38.     Section 1222A of the Principal Act is amended by omitting “and 1226” and substituting “, 1226 and 1226A”.

39.     After section 1226 of the Principal Act the following section is inserted:

Compensation arrears debts

“1226A.(1) If a person is liable to pay a compensation arrears debt, that debt is a debt due to the Commonwealth and is recoverable by the Commonwealth by means of:

(c)     legal proceedings; or

(d)     garnishee notice.

Note 1: for ‘compensation arrears debt’ see subsection 23(1).

Note 2: for deductions see sections 1231 and 1234A.

Note 3: for legal proceedings see section 1232.

Note 4: for garnishee notice see section 1233.

“(2) This section extends to:

(b)     all persons irrespective of their nationality or citizenship.”.

Additional amount for late payment of debt

40. Section 1229 of the Principal Act is amended by inserting in subparagraph (1)(a)(i) “, 1226A” before “or 1227”.

Garnishee notice

41. Section 1233 of the Principal Act is amended by inserting in subsection (1) “1226A,” after “1225,”.

Division 4—Job search and newstart allowance

Persons may be treated as unemployed

42. Section 516 of the Principal Act is amended:

(a)     by omitting from subsection (2) “is to” and substituting “may”;

(b)    by adding at the end the following subsection:

“(3) In deciding whether to treat a person as being unemployed, the Secretary is to take into account:

(b)     the duration of the activity; and

Secretary may require a person to attend the Department or CES etc.

43. Section 543 of the Principal Act is amended:

(a)     by omitting subsection (2);

(b)    by inserting after subsection (4) the following subsection:

“(4A) Subsection (4) does not apply to a person:

Note 1: ‘CES’ means the Commonwealth Employment Service (see section 23).

Note 2: for ‘Employment Secretary’ see section 23.”.

Persons may be treated as unemployed

44. Section 595 of the Principal Act is amended:

(a)     by omitting from subsection (2) “is to” and substituting “may”;

(b)    by adding at the end the following subsection:

“(3) In deciding whether to treat a person as being unemployed, the Secretary is to take into account:

(b)    the duration of the activity; and

Secretary may require a person to attend the Department or CES etc.

45. Section 627 of the Principal Act is amended:

(a)     by omitting subsection (2);

(b)    by inserting after subsection (4) the following subsection:

“(4A) Subsection (4) does not apply to a person:

Note 1: ‘CES’ means the Commonwealth Employment Service (see section 23).

Note 2: for ‘Employment Secretary’ see section 23.”.

Division 5—Income test for family payment

Index of definitions

46. Section 3 of the Principal Act is amended by omitting from the Index:

“exempt FP child 5(1)”.

Family relationships definitions—children

47. Section 5 of the Principal Act is amended by omitting from subsection (1) the definition of “exempt FP child”.

Rate of family payment

48. Section 1069 of the Principal Act is amended by omitting point 1069-B2.

Division 6—Assets test for family allowance

Qualification for individual family allowance

49. Section 838 of the Principal Act is amended:

(b)    by adding at the end the following subsection:

“(3) Paragraph (1)(d) does not apply to a person if the person has an exempt FA child.

Note: for ‘exempt FA child’ see subsection 5(1).”.

CDA child status—family allowance requirement

50. Section 953 of the Principal Act is amended by inserting after subparagraph (b)(ii) the following subparagraph:

“(iia) paragraph 838(1)(d) (assets test); or”.

Qualification for double orphan pension

51. Section 999 of the Principal Act is amended by inserting after subparagraph (1)(a)(ii) the following subparagraph:

“(iia) paragraph 838(1)(d) (assets test); or”.

Rate of family allowance

52. Section 1069 of the Principal Act is amended by inserting after point 1069-B1 the following point:

Assets test—exempt FA children

“1069-B1A. If:

(b)     the person has an exempt FA child;

any FA child of the person who is not an exempt FA child is to be disregarded for the purposes of working out the person’s maximum basic rate under point 1069-B1.”.

Division 7—Savings provisions for certain recipients of family allowance

53. Schedule 1A of the Principal Act is amended by adding at the end the following clauses:

“50. If:

(a) before 1 January 1993:

the person does not have to satisfy paragraph 838(1)(d) of this Act as in force on and after that date in order to be qualified for family payment for that child.

“51. If:

(a) before 1 January 1993:

(ii) the adult is qualified for family allowance for that young

person because of subsection 838(3) of this Act as in force immediately before that date; and

the adult does not have to satisfy paragraph 838(1)(d) of this Act as in force on and after that date in order to be qualified for family payment for that young person.

“52. If:

(a) before 1 January 1993:

the person does not have to satisfy paragraph 838(1)(c) of this Act as in force on and after that date in order to be qualified for family payment for that child.

“53. If:

(a) before 1 January 1993:

the adult does not have to satisfy paragraph 838(1)(c) of this Act as in force on and after that date in order to be qualified for family payment for that young person.”.

Division 8—Education entry payment

Payment to a sole parent pensioner

54. Section 665A of the Principal Act is amended by inserting after paragraph (b) the following paragraph:

“(ba) either:

(ii) the person is enrolled in such a course; and”.

General effect of Chapter

55. Section 1222 of the Principal Act is amended:

(a) by omitting from Note 1 in subsection (1):

“• section 1224A debts—pension loan scheme;”;

and substituting:

“• section 1224A debts—pension loan scheme;

• section 1224B debts—education entry payment.”;

Debts due to the Commonwealth

56.     Section 1222A of the Principal Act is amended by omitting from Note 1 “1224” and substituting “1223B, 1224, 1224B”.

57.     After section 1224A of the Principal Act the following section is inserted:

Education entry payment debt

“1224B. If:

(a)     an education entry payment is made to a person; and

the amount of the education entry payment so made is a debt due to the Commonwealth and is recoverable by the Commonwealth by means of:

(e) legal proceedings; or

(f) garnishee notice.

Note 1: for deductions see sections 1231 and 1234A.

Note 2: for legal proceedings see section 1232.

Note 3: for garnishee notice see section 1233.”.

Garnishee notice

58. Section 1233 of the Principal Act is amended by omitting from subsection (1) “1224A” and substituting “1224A, 1224B”.

Division 9—Pharmaceutical allowance

Pharmaceutical allowance and advance pharmaceutical allowance definitions

59. Section 19A of the Principal Act is amended:

(a)     by omitting “Parts 2.22 and 2.23 of”;

(b)    by adding at the end the following subsections:

“(2) If:

the amount of pharmaceutical allowance paid to the person on that day is worked out using subsections (3), (4), (5) and (6).

“(3) If the instalment is an instalment of social security or service pension, the amount of allowance paid is:

where:

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment.

“(4) If:

the amount of allowance paid is:

pharmaceutical allowance rate × number of fortnights

where:

‘pharmaceutical allowance rate’ is the fortnightly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment;

‘number of fortnights’ is the number of fortnights in the period for which the instalment is paid.

“(5) If:

(b) the instalment is for a period of less than a fortnight; the amount of the allowance paid is:

where:

‘pharmaceutical allowance rate’ is the fortnightly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment;

‘week days in period’ is the number of week days in the period for which the instalment is paid.

“(6) If:

(i) a fortnight or a number of whole fortnights; and

(ii) a period of less than a fortnight;

the amount of allowance paid is:

where:

‘pharmaceutical allowance rate’ is the fortnightly amount of pharmaceutical allowance added to the person’s minimum basic rate in working out the amount of the instalment;

‘number of whole fortnights’ is the number of whole fortnights in the period for which the instalment is paid;

‘week days in short period’ is the number of days in the period that is less than a fortnight.”.

Calculation of amount of instalment

60. Section 59 of the Principal Act is amended by inserting after subsection (3) the following subsections:

“(3A) If:

the amount of the instalment is to be increased to the person’s fortnightly PA rate.

“(3B) For the purposes of subsection (3A), the person’s fortnightly PA rate is:

where:

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment.”.

Calculation of amount of instalment

61. Section 121 of the Principal Act is amended by inserting after subsection (3) the following subsections:

“(3A) If:

the amount of the instalment is to be increased to the person’s fortnightly PA rate.

“(3B) For the purposes of subsection (3A), the person’s fortnightly PA rate is:

where:

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment.”.

Calculation of amount of instalment

62. Section 163 of the Principal Act is amended by inserting after subsection (3) the following subsections:

“(3A) If:

the amount of the instalment is to be increased to the woman’s fortnightly PA rate.

“(3B) For the purposes of subsection (3A), the woman’s fortnightly PA rate is:

where:

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance added to the woman’s maximum basic rate in working out the amount of the instalment.”.

Calculation of amount of instalment

63. Section 214 of the Principal Act is amended by inserting after subsection (3) the following subsections:

“(3A) If:

the amount of the instalment is to be increased to the person’s fortnightly PA rate.

“(3B) For the purposes of subsection (3A), the person’s fortnightly PA rate is:

where:

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment.”.

Calculation of amount of instalment

64. Section 273 of the Principal Act is amended by inserting after subsection (3) the following subsections:

“(3A) If:

the amount of the instalment is to be increased to the person’s fortnightly PA rate.

“(3B) For the purposes of subsection (3A), the person’s fortnightly PA rate is:

where:

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment.”.

Calculation of amount of instalment

65. Section 333 of the Principal Act is amended by inserting after subsection (3) the following subsections:

“(3A) If:

the amount of the instalment is to be increased to the person’s fortnightly PA rate.

“(3B) For the purposes of subsection (3A), the person’s fortnightly PA rate is:

where:

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment.”.

Calculation of amount of instalment

66. Section 380 of the Principal Act is amended by inserting after subsection (3) the following subsections:

“(3A) If:

the amount of the instalment is to be increased to the woman’s fortnightly PA rate.

“(3B) For the purposes of subsection (3), the woman’s fortnightly PA rate is:

where:

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance added to the woman’s maximum basic rate in working out the amount of the instalment.”.

Rounding off instalment

67. Section 565 of the Principal Act is amended by inserting after subsection (2) the following subsections:

“(2A) If:

the amount of the instalment is to be increased to the person’s fortnightly PA rate.

“(2B) For the purposes of subsection (2A), the person’s fortnightly PA rate is:

pharmaceutical allowance rate × N

where:

‘pharmaceutical allowance rate’ is the fortnightly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment;

‘N’ is:

Rounding off instalment

68. Section 648 of the Principal Act is amended by inserting after subsection (2) the following subsections:

“(2A) If:

the amount of the instalment is to be increased to the person’s fortnightly PA rate.

“(2B) For the purposes of subsection (2A), the person’s fortnightly PA rate is:

pharmaceutical allowance rate × N

where:

‘pharmaceutical allowance rate’ is the fortnightly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment;

‘N’ is:

Rounding off instalment

69. Section 718 of the Principal Act is amended by inserting after subsection (2) the following subsections:

“(2A) If:

the amount of the instalment is to be increased to the person’s fortnightly PA rate.

“(2B) For the purposes of subsection (2A), the person’s fortnightly PA rate is:

pharmaceutical allowance rate × N

where:

‘pharmaceutical allowance rate’ is the fortnightly amount of pharmaceutical allowance added to the person’s maximum basic rate in working out the amount of the instalment;

‘N’ is:

Rounding off instalment

70. Section 751 of the Principal Act is amended by inserting after subsection (2) the following subsections:

“(2A) If:

the amount of the instalment is to be increased to the person’s fortnightly PA rate.

“(2B) For the purposes of subsection (2A), the person’s fortnightly PA rate is:

pharmaceutical allowance rate × N

where:

‘pharmaceutical allowance rate’ is the fortnightly amount of pharmaceutical allowance taken into account in working out the amount of the instalment;

‘N’ is:

Repeal of Part 2.22

71.     Part 2.22 of the Principal Act is repealed.

72.     Division 3 of Part 2.23 of the Principal Act is repealed and the following Division is substituted:

“Division 3—Amount of advance pharmaceutical allowance

Amount of advance pharmaceutical allowance

“1061JC. Subject to section 1061JD, the amount of a person’s advance pharmaceutical allowance is:

where:

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance that would be added to the person’s maximum basic rate if a pharmaceutical allowance advance were not being paid to the person.

Note: pharmaceutical allowance rates are to be found at:

•   point 1064-C8 of Pension Rate Calculator A

•   point 1065-C8 of Pension Rate Calculator B

•   point 1066-C7 of Pension Rate Calculator C

•   point 1066A-D8 of Pension Rate Calculator D

•   point 1066B-D8 of Pension Rate Calculator E.

Annual limit

“1061JD.(1) The amount paid to a person in a calendar year by way of:

(a)     pharmaceutical allowance; and

(b)     advance pharmaceutical allowance;

is not to exceed the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

“(2) In this section:

‘advance pharmaceutical allowance’ includes advance pharmaceutical allowance under the Veterans’ Entitlements Act;

‘pharmaceutical allowance’ includes pharmaceutical allowance under the Veterans’ Entitlements Act.”.

Rate of age, disability support, wife and carer pensions (people who are not blind)

73. Pension Rate Calculator A in section 1064 is amended:

(b) by inserting after Module B the following Module:

“MODULE C—PHARMACEUTICAL ALLOWANCE

Qualification for pharmaceutical allowance

“1064-C1. Subject to points 1064-C2, 1064-C3, 1064-C4 and 1064-C6, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if:

(a)     the person is an Australian resident; and

(b)     the person is in Australia.

No pharmaceutical allowance if person receiving pharmaceutical allowance under the Veterans’ Entitlements Act

“1064-C2. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving pharmaceutical allowance under the Veterans’ Entitlements Act.

No pharmaceutical allowance if partner receiving pharmaceutical allowance under the Veterans’ Entitlements Act and not a service pensioner

“1064-C3. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(a)     the person is a member of a couple; and

(c)     the person’s partner is not receiving a service pension.

No pharmaceutical allowance before advance payment period ends

“1064-C4. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) Part 2.23 of this Act; or

(b) the person’s advance payment period has not ended.

Note: ‘advance payment period’ see point 1064-C5.

Advance payment period

“1064-C5. A person’s advance payment period:

where:

‘amount of advance’ is the amount of the advance paid to the person;

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance which would be added to the person’s maximum basic rate in working out the instalment for the day on which the advance is paid if pharmaceutical allowance were to be added to the person’s maximum basic rate on that day.

No pharmaceutical allowance if annual limit reached

“1064-C6. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) pharmaceutical allowance; and

(ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 2: the annual limit is affected by:

•  how long during the calendar year the person was on pension or benefit;

‘advance pharmaceutical allowance’ includes advance pharmaceutical allowance under the Veterans’ Entitlements Act; and

‘pharmaceutical allowance’ includes pharmaceutical allowance under the Veterans’ Entitlements Act.

Amount of pharmaceutical allowance

“1064-C8. The amount of pharmaceutical allowance is the amount per year worked out using the following Table:

Rate of age and disability support pension (blind people)

74. Pension Rate Calculator B in section 1065 is amended:

(b) by inserting after Module B the following Module:

“MODULE C—PHARMACEUTICAL ALLOWANCE

Qualification for pharmaceutical allowance

“1065-C1. Subject to points 1065-C2, 1065-C3, 1065-C4 and 1065-C6, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if:

(a)       the person is an Australian resident; and

(b)      the person is in Australia.

No pharmaceutical allowance if person receiving pharmaceutical allowance under the Veterans’ Entitlements Act

“1065-C2. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving pharmaceutical allowance under the Veterans’ Entitlements Act.

No pharmaceutical allowance if partner receiving pharmaceutical allowance under the Veterans’ Entitlements Act and not a service pensioner

“1065-C3. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(a)      the person is a member of a couple; and

(c)      the person’s partner is not receiving a service pension.

No pharmaceutical allowance before advance payment period ends

“1065-C4. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) Part 2.23 of this Act; or

(b) the person’s advance payment period has not ended.

Note: for ‘advance payment period’ see point 1065-C5.

Advance payment period

where:

‘amount of advance’ is the amount of the advance paid to the person;

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance which would be added to the person’s maximum basic rate in working out the instalment for the day on which the advance is paid if pharmaceutical allowance were to be added to the person’s maximum basic rate on that day.

No pharmaceutical allowance if annual limit reached

“1065-C6. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) pharmaceutical allowance; and

(ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 2: the annual limit is affected by:

•  how long during the calendar year the person was on pension or benefit;

VEA payments taken into account

“1065-C7. In points 1065-C5 and 1065-C6:

‘advance pharmaceutical allowance’ includes advance pharmaceutical allowance under the Veterans’ Entitlements Act;

‘pharmaceutical allowance’ includes pharmaceutical allowance under the Veterans’ Entitlements Act.

Amount of pharmaceutical allowance

“1065-C8. The amount of pharmaceutical allowance is the amount per year worked out using the following Table:

Rate of sole parent pension, widowed person allowance and widow B pension

75. Pension Rate Calculator C in section 1066 is amended:

(b) by inserting after Module B the following Module:

“MODULE C—PHARMACEUTICAL ALLOWANCE

Qualification for pharmaceutical allowance

“1066-C1. Subject to points 1066-C2, 1066-C3 and 1066-C5, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if:

(a)       the person is an Australian resident; and

(b)      the person is in Australia.

No pharmaceutical allowance if person receiving pharmaceutical allowance under the Veterans’ Entitlements Act

“1066-C2. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving pharmaceutical allowance under the Veterans’ Entitlements Act.

Note: a person can receive both:

(a)   a disability pension under the VEA; and

(b)   a pension under this Act;

and pharmaceutical allowance might be built into the disability pension rate.

No pharmaceutical allowance before advance payment period ends

“1066-C3. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) Part 2.23 of this Act; or

(b) the person’s advance payment period has not ended.

Note: for ‘advance payment period’ see point 1066-C4.

Advance payment period

“1066-C4. A person’s advance payment period:

where:

‘amount of advance’ is the amount of the advance paid to the person;

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance which would be added to the person’s maximum basic rate in working out the instalment for the day on which the advance is paid if pharmaceutical allowance were to be added to the person’s maximum basic rate on that day.

No pharmaceutical allowance if annual limit reached

“1066-C5. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) pharmaceutical allowance; and

(ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 2: the annual limit is affected by:

•  how long during the calendar year the person was on pension or benefit;

VEA payments taken into account

“1066-C6. In points 1066-C4 and 1066-C5:

‘advance pharmaceutical allowance’ includes advance pharmaceutical allowance under the Veterans’ Entitlements Act;

‘pharmaceutical allowance’ includes pharmaceutical allowance under the Veterans’ Entitlements Act.

Amount of pharmaceutical allowance

“1066-C7. The amount of pharmaceutical allowance is $135.20 per year ($5.20 per fortnight).

Rate of disability support pension (people under 21 who are not blind)

76. Pension Rate Calculator D in section 1066A is amended:

(b) by inserting after Module C the following Module:

“MODULE D—PHARMACEUTICAL ALLOWANCE

Qualification for pharmaceutical allowance

“1066A-D1. Subject to points 1066A-D2, 1066A-D3, 1066A-D4 and 1066A-D6, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if:

(a)       the person is an Australian resident; and

(b)      the person is in Australia.

No pharmaceutical allowance if person receiving pharmaceutical allowance under the Veterans’ Entitlements Act

“1066A-D2. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving pharmaceutical allowance under the Veterans’ Entitlements Act.

No pharmaceutical allowance if partner receiving pharmaceutical allowance under the Veterans’ Entitlements Act and not a service pensioner

“1066A-D3. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(a)       the person is a member of a couple; and

(c)       the person’s partner is not receiving a service pension.

No pharmaceutical allowance before advance payment period ends

“1066A-D4. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) Part 2.23 of this Act; or

(b) the person’s advance payment period has not ended.

Note: for ‘advance payment period’ see point 1066A-D5.

Advance payment period

“1066A-D5. A person’s advance payment period:

where:

‘amount of advance’ is the amount of the advance paid to the person;

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance which would be added to the person’s maximum basic rate in working out the instalment for the day on which the advance is paid if pharmaceutical allowance were to be added to the person’s maximum basic rate on that day.

No pharmaceutical allowance if annual limit reached

“1066A-D6. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) pharmaceutical allowance; and

(ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 2: the annual limit is affected by:

•  how long during the calendar year the person was on pension or benefit;

VEA payments taken into account

“1066A-D7. In points 1066A-D5 and 1066A-D6:

‘advance pharmaceutical allowance’ includes advance pharmaceutical allowance under the Veterans’ Entitlements Act;

‘pharmaceutical allowance’ includes pharmaceutical allowance under the Veterans’ Entitlements Act.

Amount of pharmaceutical allowance

“1066A-D8. The amount of pharmaceutical allowance is the amount per year worked out using the following Table:

Rate of disability support pension (people under 21 who are blind)

77. Pension Rate Calculator E in section 1066B is amended:

(b) by inserting after Module C the following Module:

“MODULE D—PHARMACEUTICAL ALLOWANCE

Qualification for pharmaceutical allowance

“1066B-D1. Subject to points 1066B-D2, 1066B-D3, 1066B-D4 and 1066B-D6, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if:

(a)       the person is an Australian resident; and

(b)      the person is in Australia.

No pharmaceutical allowance if person receiving pharmaceutical allowance under the Veterans’ Entitlements Act

“1066B-D2. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving pharmaceutical allowance under the Veterans’ Entitlements Act.

No pharmaceutical allowance if partner receiving pharmaceutical allowance under the Veterans’ Entitlements Act and not a service pensioner

“1066B-D3. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(a)       the person is a member of a couple; and

(c)       the person’s partner is not receiving a service pension.

No pharmaceutical allowance before advance payment period ends

“1066B-D4. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) Part 2.23 of this Act; or

(b) the person’s advance payment period has not ended.

Note: for ‘advance payment period’ see point 1066B-D5.

Advance payment period

“1066B-D5. A person’s advance payment period:

where:

‘amount of advance’ is the amount of the advance paid to the person;

‘pharmaceutical allowance rate’ is the yearly amount of pharmaceutical allowance which would be added to the person’s maximum basic rate in working out the instalment for the day on which the advance is paid if pharmaceutical allowance were to be added to the person’s maximum basic rate on that day.

No pharmaceutical allowance if annual limit reached

“1066B-D6. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) pharmaceutical allowance; and

(ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 2: the annual limit is affected by:

•  how long during the calendar year the person was on pension or benefit;

VEA payments taken into account

“1066B-D7. In points 1066B-D5 and 1066B-D6:

‘advance pharmaceutical allowance’ includes advance pharmaceutical allowance under the Veterans’ Entitlements Act;

‘pharmaceutical allowance’ includes pharmaceutical allowance under the Veterans’ Entitlements Act.

Amount of pharmaceutical allowance

“1066B-D8. The amount of pharmaceutical allowance is the amount per year worked out using the following Table:

Rate of job search allowance (under 18) and sickness allowance (under 18)

78. Benefit Rate Calculator A in section 1067 is amended:

(b) by inserting after Module C the following Module:

“MODULE D—PHARMACEUTICAL ALLOWANCE

Qualification for pharmaceutical allowance

“1067-D1. Subject to points 1067-D3, 1067-D4, 1067-D5 and 1067-D7, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if:

(a) the person is an Australian resident; and

(b)      the person is in Australia; and

(c)      either:

(i) the person is receiving sickness allowance; or

Incapacity for work

“1067-D2. This point applies to a person if:

(a)       the person is incapacitated for work; and

(b)      subsection 514(2) applies to the person.

No pharmaceutical allowance if person receiving pharmaceutical allowance under the Veterans’ Entitlements Act

“1067-D3. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving pharmaceutical allowance under the Veterans’ Entitlements Act.

No pharmaceutical allowance if partner receiving pharmaceutical allowance under the Veterans’ Entitlements Act and not a service pensioner

“1067-D4. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(a)      the person is a member of a couple; and

(c)      the person’s partner is not receiving a service pension.

No pharmaceutical allowance before advance payment period ends

“1067-D5. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) Part 2.23 of this Act; or

(b) the person’s advance payment period has not ended.

Note: for ‘advance payment period’ see point 1067-D6.

Advance payment period

“1067-D6. A person’s advance payment period:

where:

‘amount of advance’ is the amount of the advance paid to the person;

‘pharmaceutical allowance rate’ is the fortnightly amount of pharmaceutical allowance which would be added to the person’s maximum basic rate in working out the social security benefit instalment for the day on which the advance is paid if a social security benefit were payable to the person and pharmaceutical allowance were to be added to the person’s maximum basic rate on that day.

No pharmaceutical allowance if annual limit reached

“1067-D7. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(i) pharmaceutical allowance; and

(ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 2: the annual limit is affected by:

•  how long during the calendar year the person was on pension or benefit;

VEA payments taken into account

“1067-D8. In points 1067-D6 and 1067-D7:

‘advance pharmaceutical allowance’ includes advance pharmaceutical allowance under the Veterans’ Entitlements Act;

‘pharmaceutical allowance’ includes pharmaceutical allowance under the Veterans’ Entitlements Act.

Amount of pharmaceutical allowance

“1067-D9. The amount of pharmaceutical allowance is the amount per fortnight worked out using the following Table:

Rate of job search allowance (18 or over) and newstart allowance and sickness allowance (18 or over)

79. Benefit Rate Calculator B in section 1068 is amended:

(b) by inserting after Module C the following Module:

“MODULE D—PHARMACEUTICAL ALLOWANCE

Qualification for pharmaceutical allowance

“1068-D1. Subject to points 1068-D4, 1068-D5, 1068-D6 and 1068-D8, an additional amount by way of pharmaceutical allowance is to be added to a person’s maximum basic rate if:

(a)     the person is an Australian resident; and

(b)     the person is in Australia; and

(c)     either:

(i) the person is receiving sickness allowance; or

for work) or point 1068-D3 (long term recipients over 60) applies to the person.

Incapacity for work

“1068-D2. This point applies to a person if the person has turned 18 and:

(a)     the person is incapacitated for work; and

(b)     subsection 514(3) applies to the person.

Long term recipients over 60

“1068-D3. This point applies to a person if the person:

(a)     has turned 60; and

(b)     has been receiving:

(i) a social security pension or benefit; or

(ii) a service pension;

continuously for at least 6 months.

No pharmaceutical allowance if person receiving pharmaceutical allowance under the Veterans’ Entitlements Act

“1068-D4. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if the person is receiving pharmaceutical allowance under the Veterans’ Entitlements Act.

No pharmaceutical allowance if partner receiving pharmaceutical allowance under the Veterans’ Entitlements Act and not a service pensioner

“1068-D5. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(a)     the person is a member of a couple; and

(c)     the person’s partner is not receiving a service pension.

No pharmaceutical allowance before advance payment period ends

“1068-D6. Pharmaceutical allowance is not to be added to a person’s maximum basic rate if:

(a) the person has received an advance pharmaceutical allowance under:

(i) Part 2.23 of this Act; or

(b) the person’s advance payment period has not ended.

Note: for ‘advance payment period’ see point 1068-D7.

Advance payment period

“1068-D7. A person’s advance payment period:

where:

‘amount of advance’ is the amount of the advance paid to the person;

‘pharmaceutical allowance rate’ is the fortnightly amount of pharmaceutical allowance which would be added to the person’s maximum basic rate in working out the social security benefit instalment for the day on which the advance is paid if a social security benefit were payable to the person and pharmaceutical allowance were to be added to the person’s maximum basic rate on that day.

No pharmaceutical allowance if annual limit reached

“1068-D8. Pharmaceutical allowance is not be added to a person’s maximum basic rate if:

(i) pharmaceutical allowance; and

(ii) advance pharmaceutical allowance;

equals the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note 2: the annual limit is affected by:

• how long during the calendar year the person was on pension or benefit;

VEA payments taken into account

“1068-D9. In points 1068-D7 and 1068-D8:

‘advance pharmaceutical allowance’ includes advance pharmaceutical allowance under the Veterans’ Entitlements Act;

‘pharmaceutical allowance’ includes pharmaceutical allowance under the Veterans’ Entitlements Act.

Amount of pharmaceutical allowance

“1068-D1 The amount of pharmaceutical allowance is the amount per fortnight worked out using the following Table:

Division 10—Automatic termination or variation

80. After section 75 of the Principal Act the following section is inserted in Subdivision C of Division 8 of Part 2.2:

Changes to payments by computer following automatic termination or reduction

“75A. If:

stopping payment or reducing the rate of payment of the pension;

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s pension.

Changes to payments by computer

81. Section 78B of the Principal Act is amended by adding at the end the following Note:

82. After section 143 of the Principal Act the following section is inserted in Subdivision C of Division 9 of Part 2.3:

Changes to payments by computer following automatic termination or reduction

“143A. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s pension.

Changes to payments by computer

83. Section 146B of the Principal Act is amended by adding at the end the following Note:

84. After section 179 of the Principal Act the following section is inserted in Subdivision C of Division 8 of Part 2.4:

Changes to payments by computer following automatic termination or reduction

“179A. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the woman’s pension.

Changes to payments by computer

85. Section 182B of the Principal Act is amended by adding at the end the following Note:

86. After section 228 of the Principal Act the following section is inserted in Subdivision C of Division 8 of Part 2.5:

Changes to payments by computer following automatic termination or reduction

“228A. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s pension.

Changes to payments by computer

87. Section 23IB of the Principal Act is amended by adding at the end the following Note:

88. After section 292 of the Principal Act the following section is inserted in Subdivision C of Division 8 of Part 2.6:

Changes to payments by computer following automatic termination or reduction

“292A. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s pension.

Changes to payments by computer

89. Section 295B of the Principal Act is amended by adding at the end the following Note:

90. After section 349 of the Principal Act the following section is inserted in Subdivision C of Division 8 of Part 2.7:

Changes to payments by computer following automatic termination or reduction

“349A. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s allowance.

Changes to payments by computer

91. Section 352B of the Principal Act is amended by adding at the end the following Note:

92. After section 397 of the Principal Act the following section is inserted in Subdivision C of Division 8 of Part 2.8:

Changes to payments by computer following automatic termination or reduction

“397A. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the woman’s pension.

Changes to payments by computer

93. Section 400B of the Principal Act is amended by adding at the end the following Note:

94. After section 583 of the Principal Act the following section is inserted in Subdivision C of Division 8 of Part 2.11:

Changes to payments by computer following automatic termination or reduction

“583A. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s allowance.

Changes to payments by computer

95. Section 586B of the Principal Act is amended by adding at the end the following Note:

96. After section 660F of the Principal Act the following section is inserted in Subdivision C of Division 8 of Part 2.12:

Changes to payments by computer following automatic termination or reduction

“660FA. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s allowance.

Changes to payments by computer

97. Section 660IB of the Principal Act is amended by adding at the end the following Note:

98. After section 728H of the Principal Act the following section is inserted in Subdivision C of Division 8 of Part 2.14:

Changes to payments by computer following automatic termination or reduction

“728HA. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s allowance.

Changes to payments by computer

99. Section 728N of the Principal Act is amended by adding at the end the following Note:

100. After section 815 of the Principal Act the following section is inserted in Subdivision C of Division 9 of Part 2.16:

Changes to payments by computer following automatic termination or reduction

“815A. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s pension.

Changes to payments by computer

101. Section 818B of the Principal Act is amended by adding at the end the following Note:

102. After section 877 of the Principal Act the following section is inserted in Subdivision C of Division 9 of Part 2.17:

Changes to payments by computer following automatic termination or reduction

“877A. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s family payment.

Changes to payments by computer

103. Section 882 of the Principal Act is amended by adding at the end the following Note:

104. After section 984 of the Principal Act the following section is inserted in Subdivision C of Division 9 of Part 2.19:

Changes to payments by computer following automatic termination or reduction

“984A. If:

there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s allowance.

Changes to payments by computer

105. Section 987B of the Principal Act is amended by adding at the end the following Note:

106. After section 1028 of the Principal Act the following section is inserted in Subdivision B of Division 9 of Part 2.20:

Changes to payments by computer following automatic termination

“1028A. If:

there is taken to be a decision by the Secretary that the automatic termination provision applies to the person’s pension.

Changes to payments by computer

107. Section 1029B of the Principal Act is amended by adding at the end the following Note:

108. After section 1058 of the Principal Act the following section is inserted in Subdivision B of Division 8 of Part 2.21:

Changes to payments by computer following automatic termination

“1058A. If:

there is taken to be a decision by the Secretary that the automatic termination provision applies to the person’s allowance.

Changes to payments by computer

109. Section 1059B of the Principal Act is amended by adding at the end the following Note:

Secretary may review decisions

110. Section 1239 of the Principal Act is amended by adding at the end of subsection (1) the following Note:

Application for review

111. Section 1240 of the Principal Act is amended by adding at the end of subsection (1) the following Note:

Application for review by SSAT

112. Section 1247 of the Principal Act is amended by adding at the end of subsection (1) the following Note:

Division 11—Disposal of assets

Assets test definitions

113. Section 11 of the Principal Act is amended by inserting after subsection (10) the following subsection:

Pre-pension year—disposal of assets

“(10A) A reference in sections 1124A and 1125A (disposal of assets) to a pre-pension year, in relation to a person who is claiming:

(a)     a social security or service pension; or

(b)     a social security benefit; or

(c)     a family payment;

is a reference to the period of 12 months finishing on the day that is the person’s provisional commencement day and each preceding period of 12 months.”.

Treatment of transactions that constitute both a disposal of ordinary income and a disposal of assets

114. Section 1110 of the Principal Act is amended:

(a) by inserting after subsection (1) the following subsection:

“(1A) If:

(a) this section applies; and

an amount is not, for the purposes of sections 1108 and 1109, to be included in the person’s ordinary income because of the disposition of ordinary income.”.

(b) by inserting after subsection (2) the following subsection:

“(2A) If:

(a)     this section applies; and

the amount to be included in the person’s ordinary income because of the disposition of ordinary income is to be worked out disregarding so much of the amount of the disposition of ordinary income as the Secretary decides is attributable to the part of the amount of the disposition of the asset that is not included in the value of the person’s assets under section 1124A or 1125A.”.

115. After section 1124 of the Principal Act the following section is inserted:

Disposal of assets in pre-pension years—individuals

“1124A.(1) Subject to subsection (2), if:

then, for the purposes of determining whether a pension, benefit or payment is payable to the person, there is to be included in the value of the person’s assets for the period of 5 years that starts on the day on which the disposition took place:

other dispositions of assets previously made by the person during that pre-pension year exceeds the disposal limit; or

(e) the amount of the first-mentioned disposition;

whichever is the lesser amount.

Note 1: for ‘disposes of assets’ see section 1123.

Note 2: for ‘amount of disposition’ see section 1124.

“(2) If:

(a)     a person disposes of an asset before 1 March 1991; and

the amount that is to be included in that value under that subsection is to be reduced, on each anniversary of the day on which the disposition took place, by an amount equal to 10% of the relevant amount.

Note 1: for ‘disposes of assets’ see section 1123.

Note 2: for ‘amount of disposition’ see section 1124.

“(3) In this section:

‘disposal limit’ means:

116. After section 1125 of the Principal Act the following section is inserted:

Disposal of assets in pre-pension years—members of couples

“1125A.(1) Subject to subsections (2), (3), (4) and (5), if:

(a)     a person has disposed of an asset; and

(c)     the person disposed of the asset:

(i) during a pre-pension year of the person; or

then, for the purposes of determining whether a pension, benefit or payment is payable to the person:

(ii) 50% of the amount of the first-mentioned disposition; whichever is the lesser amount; and

(ii) 50% of the amount of the first-mentioned disposition;

whichever is the lesser amount.

Note 1: for ‘disposes of assets’ see section 1123.

Note 2: for ‘amount of disposition’ see section 1124.

“(2) If:

(a)     a person disposes of an asset before 1 March 1991; and

the amount that is to be included in that value under that subsection is to be reduced, on each anniversary of the day on which the disposition took place, by an amount equal to 10% of the relevant amount.

Note 1: for ‘disposes of assets’ see section 1123.

Note 2: for ‘amount of disposition’ see section 1124.

“(3) If:

any amount that was included in the value of the person’s former partner’s assets because of that disposition is to be included in the value of the person’s assets.

“(4) If:

(b)     the person dies;

an amount is not to be included in the value of the assets of the person’s partner because of that disposition.

“(5) If:

(b)     the partner dies;

any amount that would, if the partner had not died, be included in the value of the partner’s assets because of the disposition is to be included in the value of the person’s assets.

“(6) In this section:

‘disposal limit’ means:

(b)     in relation to assets disposed of on or after 1 March 1991—$10,000.”.

Division 12—Tax file numbers

Provision of tax file number

117. Section 527 of the Principal Act is amended by omitting from subsection (1) the Note and substituting the following Notes:

118. Before section 555 of the Principal Act the following section is inserted:

Secretary may require claimant to give statement of claimant’s tax file number

“554B. The Secretary may require a claimant for job search allowance to give the Secretary a written statement of the claimant’s tax file number.”.

119. Before section 573 of the Principal Act the following section is inserted in Division 7 of Part 2.11:

Secretary may require recipient to give statement of recipient’s tax file number

“572A. The Secretary may require a recipient of job search allowance to give the Secretary a written statement of the recipient’s tax file number.”.

Provision of tax file number

120. Section 609 of the Principal Act is amended by omitting from subsection (1) the Note and substituting the following Notes:

121. Before section 639 of the Principal Act the following section is inserted:

Secretary may require claimant to give statement of claimant’s tax file number

“638B. The Secretary may require a claimant for a newstart allowance to give the Secretary a written statement of the claimant’s tax file number.”.

122. Before section 656 of the Principal Act the following section is inserted in Division 7 of Part 2.12:

Secretary may require recipient to give statement of recipient’s tax file number

“655A. The Secretary may require a recipient of a newstart allowance to give the Secretary a written statement of the recipient’s tax file number.”.

Provision of tax file number

123. Section 678 of the Principal Act is amended by omitting from subsection (1) the Note and substituting the following Notes:

124. Before section 705 of the Principal Act the following section is inserted:

Secretary may require claimant to give statement of claimant’s tax file number

“704B. The Secretary may require a claimant for sickness allowance to give the Secretary a written statement of the claimant’s tax file number.”.

125. Before section 726 of the Principal Act the following section is inserted in Division 7 of Part 2.14:

Secretary may require recipient to give statement of recipient’s tax file number

“725A. The Secretary may require a recipient of sickness allowance to give the Secretary a written statement of the recipient’s tax file number.”.

Division 13—Confidentiality

126. After section 1312 of the Principal Act the following sections are inserted:

Unauthorised access to protected information

“1312A. A person must not knowingly obtain protected information, unless the person obtains the information:

(b) in any other case—with lawful authority.

Penalty: Imprisonment for 2 years.

Note 2: for ‘protected information’ see subsection 23(1).”.

Protection of protected information—unauthorised access

“1312B. A person must not, directly or indirectly:

(a)     make a record of; or

(b)     disclose to any other person; or

(c)     otherwise make use of;

any protected information which the person has obtained in contravention of section 1312A.

Penalty: Imprisonment for 2 years.

Note 2: for ‘protected information’ see subsection 23(1).”.

Offences where protected information disclosed

127. Section 1317 of the Principal Act is amended:

(b)    by omitting from subsection (1) “or ought reasonably to know”;

“(c) he or she makes a record of the information; or

(d) he or she otherwise makes use of the information.”;

(d) by inserting after subsection (1) the following subsection:

“(1A) Without limiting subsection (1), a person is taken to have known that the disclosure of the protected information is in contravention of this Division (including this section) if:

Division 14—Debt recovery

128. Section 1223 of the Principal Act is repealed and the following section is substituted:

Debts arising under this Act and the 1947 Act

Recipient not qualified for payment and amount not payable

“1223.(1) Subject to subsection (2), if:

the amount so paid is a debt due to the Commonwealth.

Certain amounts not debts

“(2) Subsection (1) does not apply to an amount if:

(b)     the amount has not been paid as a result of a person:

(i) making a false statement or a false representation; or

Recalculation of rate of family payment

“(3) Subject to subsection (4), if:

(b)     either:

the amount so paid is a debt due to the Commonwealth.

Family payment recoverable after end of tax year

“(4) If:

(a)     family payment is paid to a person in a tax year; and

the amount is recoverable only after the end of the tax year.

“(5) If:

(b)     the social security payment is not payable to the person; and

the received amount is a debt due to the Commonwealth.

“(6) If:

the difference between the received amount and the correct amount is a debt due to the Commonwealth.

“(7) If:

(b)     the amount was calculated using:

each of the following amounts is a debt due to the Commonwealth:

(c)     the amount of remote area allowance;

(d)     the amount of job search training supplement;

(e)     the amount of newstart training supplement.

Amount calculated using incorrect non-income/assets tested add-on amount—add-on amount payable

“(8) If:

(c)     the received amount was calculated using:

the difference between the received amount and the correct amount is a debt due to the Commonwealth.

Methods of recovery

“(9) A debt due to the Commonwealth under this section is recoverable by the Commonwealth by means of:

(c)     legal proceedings; or

(d)     garnishee notice.

Note 1: for ‘deductions’ see sections 1231 and 1234A.

Note 2: for ‘legal proceedings’ see section 1232.

Note 3: for ‘garnishee notice’ see section 1233.

Application overseas

“(10) This section extends to:

(b) all persons irrespective of their nationality or citizenship.

Meaning of social security payment

“(11) In this section, unless the contrary intention appears:

‘social security payment’ means:

(a)     a social security pension; or

(b)     a social security benefit; or

(c)     an allowance under this Act; or

(d)     a family payment; or

(e)     any other kind of payment under Chapter 2 of this Act; or

(f)      a pension, benefit or allowance under the 1947 Act.

Meaning of maximum payment rate in relation to family payment

“(12) In this section:

‘maximum payment rate’, in relation to family payment, is worked out using the formula:

where:

‘basic family payment rate’ means the result obtained under Step 3 of the Method statement in point 1069-A1 of the Family Payment Rate Calculator in section 1069;

‘provisional additional payment’ means the result obtained under Step 8 of the Method statement in point 1069-A1 of the Family Payment Rate Calculator in section 1069.”.

Division 15—Special benefit

Qualification for special benefit

129. Section 729 of the Principal Act is amended:

(a) by inserting after paragraph (2)(f) the following paragraph:

“(fa) the person is in Australia throughout the period; and”;

(b) by adding at the end the following subsection:

“(5) For the purposes of paragraph (2)(fa), if:

(a)     a person is temporarily absent from Australia; and

the person is taken to be in Australia during:

Benefits and family payments not portable

130. Section 1211 of the Principal Act is amended:

(b)    by omitting from Note 1 “672” and substituting “674”;

(d)    by adding at the end the following Note:

Division 16—Sole parent pension

Qualification for sole parent pension

131. Section 249 of the Principal Act is amended:

(b)    by inserting after subsection (1) the following subsections:

“(1A) A person is not qualified for sole parent pension if:

“(1B) In forming an opinion for the purposes of paragraph (1A)(b), the Secretary is to have regard to all the circumstances of the relationship, including, in particular, the matters referred to in paragraphs 4(3)(a) to (e).”.

Rate of sole parent pension, widowed person allowance and widow B pension

132. Section 1066 of the Principal Act is amended by adding at the end of subsection (3) the following Note:

Division 17—Job search allowance and newstart allowance (reservists)

Qualification for job search allowance

133.(1) Section 513 of the Principal Act is amended:

(a) by inserting after subparagraph (1)(c)(iii) the following Note:

“Note: see subsection (3).”;

(b) by inserting after subparagraph (2)(c)(iii) the following Note:

“Note: see subsection (3).”;

(c) by adding at the end the following subsection:

“(3) A person is not disqualified for job search allowance because of being outside Australia during a period if the person is attending a training camp during that period as a member of:

(a)     the Australian Naval Reserve; or

(b)     the Naval Emergency Reserve Forces; or

(c)     the Australian Army Reserve; or

(d)     the Australian Air Force Reserve; or

(e)     the Air Force Emergency Force; or

(f)      the Army Individual Emergency Reserve.

(2) Subsection 513(3) of the Principal Act inserted by paragraph (1)(c) comes before subsection 513(4) of that Act inserted by subsection 5(1) of this Act.

Relief from activity test—general

134. Section 523 of the Principal Act is amended by adding at the end of subsection (1) the following Note:

Qualification for newstart allowance

135.(1) Section 593 of the Principal Act is amended:

(a) by inserting after subparagraph (1)(g)(iii) the following Note:

“Note: see subsection (3).”;

(b) by inserting after subparagraph (2)(g)(iii) the following Note:

“Note: see subsection (3).”;

(c) by adding at the end the following subsection:

“(3) A person is not disqualified for newstart allowance because of being outside Australia during a period if the person

is attending a training camp during that period as a member of:

(a)     the Australian Naval Reserve; or

(b)     the Naval Emergency Reserve Forces; or

(c)     the Australian Army Reserve; or

(d)     the Australian Air Force Reserve; or

(e)     the Air Force Emergency Force; or

(f)      the Army Individual Emergency Reserve.

(2) Subsection 593(3) of the Principal Act inserted by paragraph (1)(c) comes before subsection 593(4) of that Act inserted by subsection 6(1) of this Act.

Relief from activity test—general

136. Section 603 of the Principal Act is amended by adding at the end of subsection (1) the following Note:

Division 18—Parental means test (exempt spousal maintenance income)

General definitions

137. Section 23 of the Principal Act is amended by omitting from subsection (1) the definition of “exempt income” and substituting the following definition:

“ ‘exempt spousal maintenance income’ means exempt income under paragraph 23(1) of the Income Tax Assessment Act but does not include maintenance payments for the benefit of:

Rate of job search allowance (under 18) and sickness allowance (under 18)

138. Benefit Rate Calculator A in section 1067 of the Principal Act is amended:

Division 19—Sickness allowance

Person undertaking rehabilitation program may qualify for sickness allowance

139. Section 667 of the Principal Act is amended:

“(1) A person is qualified for sickness allowance in respect of a period if:

(e) subsection (4) or (4A) applies to the person; and

(f) subsection (3) does not apply to the person.”;

(b) by inserting after paragraph (3)(c) the following paragraph:

(d)    by inserting after subsection (4) the following subsection:

“(4A) This subsection applies to a person during a period if:

(b)     the person satisfies paragraphs 666(1A)(f), (g) and (h).”.

Time limit on qualification for sickness allowance

140. Section 669 of the Principal Act is amended by adding at the end the following subsection:

“(7) If:

(a) a person is receiving sickness allowance; and

the Secretary may extend the person’s maximum allowance period by a period of not more than 4 weeks.

Full-time students

141. Section 685 of the Principal Act is amended by omitting paragraph (2)(a) and substituting the following paragraph:

Commencement of sickness allowance

142. Section 688 of the Principal Act is amended by adding at the end the following subsections:

“(8) If:

(a)     a person’s maximum allowance period ends; and

(i) the person’s medical condition; or

(ii) an act or omission of an officer of the Department; and

the allowance is not payable to the person before the day determined by the Secretary.

Note: for ‘maximum allowance period’ see subsection 696(2).

“(9) The day determined under subsection (8) must not be more than 4 weeks before the day on which the person lodges the claim for the allowance.”.

Division 20—Offences

Omission of subsections

143. The following subsections of the Principal Act are omitted:

Subsections 68(6), 69(6), 132(6), 133(6), 172(6), 173(6), 222(6), 223(6), 263(5), 282(5), 284(6), 285(6), 341(6), 342(6), 389(6), 390(6), 574(6), 575(6), 657(6), 658(6), 727(6), 728(6), 759(6), 760(6), 808(6), 809(6), 872(7), 873(6), 978(6), 979(6), 1023(6), 1024(6), 1054(6), 1055(6), 1061Y(7) and 1061Z(6).

General power to obtain information

144. Section 1304 of the Principal Act is amended by omitting subsection (7) (other than the penalty) and substituting the following subsection:

“(7) A person must not, without reasonable excuse, refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it.”.

Power to obtain information from a person who owes a debt to the Commonwealth

145. Section 1305 of the Principal Act is amended by omitting subsection (5) (other than the penalty) and substituting the following subsection:

“(5) A person must not, without reasonable excuse, refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it.”.

Power to obtain information about a person who owes a debt to the Commonwealth

146. Section 1306 of the Principal Act is amended by omitting subsection (5) (other than the penalty) and substituting the following subsection:

“(5) A person must not, without reasonable excuse, refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it.”.

Power to obtain information to verify claims etc.

147. Section 1307 of the Principal Act is amended by omitting subsection (10) (other than the penalty) and substituting the following subsection:

“(10) A person must not, without reasonable excuse, refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it.”.

Division 21—Overseas portability

Grant of pension or allowance when person outside Australia

148. Section 1212 of the Principal Act is amended:

(d)    by inserting after subsection (3) the following subsection:

“(3A) A person may lodge a claim for a pension or allowance referred to in paragraph (3)(c) if the person is outside Australia or in Australia.”;

(f)      by omitting Note 5 and substituting the following Note:

Division 22—Employment entry payment

Sole parent pension recipients

149. Section 664A of the Principal Act is amended by omitting paragraphs (a), (b), (c), (d), (e) and (f) of the definition of “threshold amount” in subsection (4) and substituting the following paragraphs:

(a)     was not a member of a couple; and

(b)     was not receiving rent assistance; and

(c)     was not receiving remote area allowance; and

(d)     had turned 21 but had not turned 60.”.

Division 23—Carer pension

Qualification for carer pension

150. Section 198 of the Principal Act is amended by inserting after paragraph (1)(a) the following paragraph:

PART 3—FURTHER AMENDMENTS

New commencements

151. The following provisions are taken to have commenced on 12 November 1991, immediately after the commencement of the Social Security (Disability and Sickness Support) Amendment Act 1991:

(c)    subsection 146D(5A) of the Principal Act.

Repeal of amendments made by the Social Security Legislation Amendment Act (No. 4) 1991

152. The amendments of the Principal Act made by Part 3 of Schedule 1 to the Social Security Legislation Amendment Act (No. 4) 1991 are taken to have been repealed on 29 June 1992.

Amendment of the Principal Act

153. The Principal Act is amended as set out in Schedules 1, 2, 3, 5, 6 and 7.

Amendment of other Acts

154. The Acts specified in Schedules 2 and 4 are amended as set out in those Schedules.

New international agreement with the Republic of Cyprus

155. The Principal Act is amended by adding at the end the Schedule set out in Schedule 8 to this Act.

SCHEDULE 1 Section 153

1. Subsection 68(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

2. Subsection 69(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

3. Subsection 132(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

4. Subsection 133(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

5. Subsection 172(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

6. Subsection 173(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

SCHEDULE 1—continued

7. Subsection 222(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

8. Subsection 223(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

9. Subsection 284(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

10. Subsection 285(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

11. Subsection 341(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

12. Subsection 342(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

13. Subsection 389(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

SCHEDULE 1—continued

14. Subsection 390(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

15. Subsection 574(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

16. Subsection 575(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

17. Subsection 657(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

18. Subsection 658(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.

19. Subsection 727(5):

Omit the penalty, substitute:

“Penalty: Imprisonment for 6 months.