Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the law relating to the provision of benefits to students, and for related purposes
Administered by: DEST
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Registered 28 Jun 2007
Introduced HR 21 Jun 2007

2004‑2005‑2006‑2007

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Social Security Legislation Amendment (2007 Budget Measures for Students) Bill 2007

 

No.      , 2007

 

(Education, Science and Training)

 

 

 

A Bill for an Act to amend the law relating to the provision of benefits to students, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendment of the Student Assistance Act 1973                     3

Student Assistance Act 1973                                                                                     3

Schedule 2—Amendment of the Social Security Act 1991                              6

Social Security Act 1991                                                                                            6

 


A Bill for an Act to amend the law relating to the provision of benefits to students, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Social Security Legislation Amendment (2007 Budget Measures for Students) Act 2007.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Schedule 1

The day on which this Act receives the Royal Assent.

 

3.  Schedule 2, items 1 to 11

The day on which this Act receives the Royal Assent.

 

4.  Schedule 2, item 12

Immediately after the commencement of Schedule 3 to the Families, Community Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007.

1 January 2008

5.  Schedule 2 items 13 to 18

The day on which this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendment of the Student Assistance Act 1973

  

Student Assistance Act 1973

1  Subsection 3(1)

Insert:

financial institution has the same meaning as in the Social Security Act 1991.

2  After section 42

Insert:

42A  Recovery of amounts from financial institutions

             (1)  If:

                     (a)  an amount or amounts of student assistance benefit are paid to a financial institution for the credit of an account kept with the institution; and

                     (b)  the Secretary is satisfied that the amount or the amounts were intended to be paid for the benefit of someone who was not the person or one of the persons in whose name or names the account was kept;

the Secretary may give a written notice to the institution setting out the matters mentioned in paragraphs (a) and (b) and requiring the institution to pay to the Commonwealth, within a period (being a reasonable period) stated in the notice, the lesser of the following amounts:

                     (c)  an amount specified in the notice, being the amount, or the sum of the amounts, of the student assistance benefit;

                     (d)  the amount standing to the credit of the account when the notice is received by the institution.

             (2)  If:

                     (a)  an amount or amounts of student assistance benefit that are intended for the benefit of a person are paid to a financial institution for the credit of an account that was kept with the institution by the person or by the person and one or more other persons; and

                     (b)  the person died before the amount or amounts were paid;

the Secretary may give a written notice to the institution setting out the matters mentioned in paragraphs (a) and (b) and requiring the institution to pay to the Commonwealth, within a period (being a reasonable period) stated in the notice, the lesser of the following amounts:

                     (c)  an amount specified in the notice, being the amount, or the sum of the amounts, of the student assistance benefit;

                     (d)  the amount standing to the credit of the account when the notice is received by the institution.

             (3)  As soon as possible after issuing a notice under subsection (2), the Secretary must inform the deceased estate in writing of:

                     (a)  the amount sought to be recovered from the deceased person’s account; and

                     (b)  the reasons for the recovery action.

             (4)  A financial institution must comply with a notice given to it under subsection (1) or (2).

Penalty:  300 penalty units.

             (5)  It is a defence to a prosecution of a financial institution for failing to comply with a notice given to it under subsection (1) or (2) if the financial institution proves that it was incapable of complying with the notice.

Note:          The defendant bears a legal burden in relation to the matter in subsection (5). See section 13.4 of the Criminal Code.

             (6)  If a notice is given to a financial institution under:

                     (a)  subsection (1) (amount paid to wrong account) in respect of an amount or amounts of student assistance benefit; or

                     (b)  subsection (2) (death of person in whose name the account was kept) in respect of an amount or amounts of student assistance benefit;

any amount recovered by the Commonwealth from the institution in respect of the debt reduces any debt owed to the Commonwealth by any other person in respect of the amount or amounts of student assistance benefit.

3  Subsection 347(1) (note)

Repeal the note, substitute:

Note:          Sections 28A and 29 of the Acts Interpretation Act 1901, and section 9 of the Electronic Transactions Act 1999, set out methods by which the notice may be given.


 

Schedule 2Amendment of the Social Security Act 1991

  

Social Security Act 1991

1  Subsection 23(1)

Insert:

VET provider has the same meaning as in the Skilling Australia’s Workforce Act 2005.

2  Subparagraphs 569(2)(b)(i) and (ii)

Omit “Master or”.

3  Paragraph 569H(7)(e)

After “TAFE course”, insert “or a course provided by a VET provider”.

4  Subsection 569H(8)

Repeal the subsection (not including the heading), substitute:

             (8)  There are 5 levels of tertiary courses: levels M, A, B, C and D.

5  After subsection 569H(8)

Insert:

Level M courses

          (8A)  A course for a degree of Master is a Level M course.

6  Subparagraph 569H(10)(c)(iii)

After “TAFE course”, insert “or a course provided by a VET provider”.

7  Paragraph 569H(11)(c)

After “TAFE institution”, insert “or provided by a VET provider”.

8  Paragraph 569H(12)(b)

After “TAFE course”, insert “or a course provided by a VET provider”.

9  Paragraph 569H(12)(b)

Before “A,”, insert “M,”.

10  Application

The amendments made by items 1 to 9 of this Schedule apply in respect of a period commencing on or after 1 January 2008.

11  At the end of Division 1 of Part 2.23A

Add:

1061JL  Person not qualified for crisis payment if qualified for crisis payment under ABSTUDY scheme

                   A person is not qualified for a crisis payment under section 1061JG, 1061JH or 1061JHA in respect of a circumstance if the Secretary is satisfied that:

                     (a)  the person is qualified under the ABSTUDY scheme for a crisis payment in respect of that same circumstance; and

                     (b)  the crisis payment is payable under that scheme in respect of that circumstance.

12  Section 1061JL

Omit “ or 1061JHA”, substitute “, 1061JHA or 1061JI”.

13  Point 1067L‑A1 (method statement)

After step 2, insert:

Step 2A. Work out the applicable amount per fortnight (if any) for rent assistance in accordance with paragraph 1070A(a).

14  Point 1067L‑A1 (method statement, step 3)

Omit “Steps 1 to 2”, substitute “Steps 1, 2 and 2A”.

15  After paragraph 1070(d)

Insert:

                    (da)  Austudy Payment Rate Calculator;

16  Subsection 1070H(1)

After “accordance with”, insert “the Austudy Payment Rate Calculator or”.

Note:       The heading to section 1070H is altered by inserting “austudy payment,” before “mature age allowance”.

17  Subsection 1070Q(1)

After “Youth Allowance Rate Calculator”, insert “, the Austudy Payment Rate Calculator”.

Note:       The heading to section 1070Q is altered by inserting “austudy payment,” after “youth allowance,”.

18  Application and transitional

(1)        The amendments made by items 13 to 17 of this Schedule apply in respect of a fortnight that includes 1 January 2008, and later fortnights.

(2)        The applicable amount per fortnight of rent assistance for the purposes of step 2A of the method statement in point 1067L‑A1 of the Social Security Act 1991, in respect of a fortnight that includes 1 January 2008, is the amount worked out using the formula:

where:

standard amount is the amount per fortnight that would have applied if each day in the fortnight occurred on or after 1 January 2008.

number of eligible days is the number of days in the fortnight that occur on or after 1 January 2008.