Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the law relating to social security, family assistance and paid parental leave, and for related purposes
Administered by: Social Services
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 24 Jun 2021
Introduced HR 24 Jun 2021
Table of contents.

2019‑2020‑2021

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Social Services Legislation Amendment (Consistent Waiting Periods for New Migrants) Bill 2021

 

No.      , 2021

 

(Social Services)

 

 

 

A Bill for an Act to amend the law relating to social security, family assistance and paid parental leave, and for related purposes

  

  


Contents

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

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

3............ Schedules............................................................................................ 3

Schedule 1—Social security amendments                                                                4

Part 1—Main amendments                                                                                         4

Social Security Act 1991                                                                                            4

Social Security (International Agreements) Act 1999                                          7

Part 2—Contingent amendments                                                                            8

Social Security Act 1991                                                                                            8

Schedule 2—Family assistance amendments                                                         9

A New Tax System (Family Assistance) Act 1999                                                  9

Schedule 3—Paid parental leave amendments                                                   10

Paid Parental Leave Act 2010                                                                                10

 

 


A Bill for an Act to amend the law relating to social security, family assistance and paid parental leave, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Social Services Legislation Amendment (Consistent Waiting Periods for New Migrants) Act 2021.

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

Provisions

Commencement

Date/Details

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

The day this Act receives the Royal Assent.

 

2.  Schedule 1, Part 1

As follows:

(a) if this Act receives the Royal Assent on or before 3 December 2021—1 January 2022;

(b) if this Act receives the Royal Assent after 3 December 2021—the first 1 January or 1 July to occur after the end of the period of 1 month beginning on the day this Act receives the Royal Assent.

 

3.  Schedule 1, Part 2

Immediately after the commencement of Schedule 1 to the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Act 2021.

However, the provision does not commence at all if that Schedule commences before the day on which the provisions covered by table item 2 commence.

 

4.  Schedules 2 and 3

As follows:

(a) if this Act receives the Royal Assent on or before 3 December 2021—1 January 2022;

(b) if this Act receives the Royal Assent after 3 December 2021—the first 1 January or 1 July to occur after the end of the period of 1 month beginning on the day this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation 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 1Social security amendments

Part 1Main amendments

Social Security Act 1991

1  Subsection 23(1) (paragraph (b) of the definition of newly arrived resident’s waiting period)

Repeal the paragraph.

2  Subsection 23(1) (paragraph (g) of the definition of newly arrived resident’s waiting period)

Omit “sections 732 and 739A”, substitute “section 739A”.

3  Subsection 23(1) (paragraph (ab) of the definition of waiting period)

Repeal the paragraph.

4  Subsection 23(1) (paragraph (ka) of the definition of waiting period)

Omit “sections 732 and 739A”, substitute “section 739A”.

5  Paragraph 201AA(1)(b)

Omit “104”, substitute “208”.

6  Paragraph 201AB(b)

Omit “104”, substitute “208”.

7  Paragraph 500(1)(ca)

Omit “; and”, substitute “.”.

8  Paragraph 500(1)(d)

Repeal the paragraph.

9  Subsection 500(1) (note 1)

Omit “For qualifying residence exemption in relation to parenting payment, see subsection 7(6) and paragraph 7(6AA)(f).”.

10  Subsection 500(1) (note 3)

Repeal the note.

11  Subsections 500(3) and (4)

Repeal the subsections.

12  Paragraph 665M(a)

Omit “paragraphs 500(1)(b) and (d)”, substitute “paragraph 500(1)(b)”.

13  Paragraph 966(1)(b)

Omit “52”, substitute “208”.

14  Subsection 967(2)

Omit “52”, substitute “208”.

15  Paragraph 1061ZI(b)

Repeal the paragraph, substitute:

                     (b)  ends when the sum of the following periods totals 208 weeks:

                              (i)  each period during which the person has been both an Australian resident and in Australia;

                             (ii)  each period during which the person has been both a special category visa holder residing in Australia and in Australia.

16  Paragraph 1061ZR(1)(b)

Repeal the paragraph, substitute:

                     (b)  ends when the sum of the following periods totals 208 weeks:

                              (i)  each period during which the person has been both an Australian resident and in Australia;

                             (ii)  each period during which the person has been both a special category visa holder residing in Australia and in Australia.

17  Application provisions

(1)       The amendments of sections 201AA, 201AB, 966 and 967 of the Social Security Act 1991 made by this Part apply in relation to a person who becomes the holder of a permanent visa on or after the commencement of this item.

(2)       However, the amendments of sections 201AA and 201AB of the Social Security Act 1991 made by this Part do not apply in relation to a person who, on or after the commencement of this item, becomes the holder of:

                     (a)  a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or

                     (b)  a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa.

(3)       The amendments of section 500 of the Social Security Act 1991 made by this Part apply in relation to claims for parenting payment made on or after the commencement of this item.

(4)       The amendments made by this Part do not apply in relation to a special category visa holder who is a protected SCV holder.

(5)       If, on or after the commencement of this item, a person becomes the holder of a special category visa for the first time, then, subject to subitem 21(6) of Schedule 1 to the Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018, the amendments of sections 1061ZH, 1061ZI, 1061ZQ and 1061ZR of the Social Security Act 1991 made by Part 1 of that Schedule apply in relation to the person.

(6)       If, on or after the commencement of this item, a person is granted for the first time a visa that is in a class of visas determined by the Minister for the purposes of paragraph 739A(3)(b) of the Social Security Act 1991, then the amendments of section 1061ZR of that Act made by Part 1 of Schedule 1 to the Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018 apply in relation to the person.

Social Security (International Agreements) Act 1999

18  Subparagraph 10(1)(d)(ii)

Repeal the subparagraph.

19  Subsection 10(2)

Repeal the subsection, substitute:

             (2)  If:

                     (a)  a person who is in Australia lodges a claim for parenting payment under a scheduled international social security agreement; and

                     (b)  the person is not a member of a couple; and

                     (c)  the person qualifies for parenting payment under that agreement;

then, if parenting payment is payable to the person, it is taken to be payable to the person under that agreement.

20  Application provision

The amendments of the Social Security (International Agreements) Act 1999 made by this Part apply in relation to claims for parenting payment made on or after the commencement of this item.

Part 2Contingent amendments

Social Security Act 1991

21  Paragraph 500(1)(ca)

Omit “; and”, substitute “.”.

Schedule 2Family assistance amendments

  

A New Tax System (Family Assistance) Act 1999

1  Section 61AA (heading)

Repeal the heading, substitute:

61AA  Rate of family tax benefit is nil for a day in newly arrived resident’s waiting period

2  Subsection 61AA(1)

Omit “Despite Parts 2 to 3A of Schedule 1, an individual’s Part A rate”, substitute “An individual’s rate”.

3  Paragraph 61AA(3)(e)

Omit “52”, substitute “208”.

4  Paragraph 61AA(4)(d)

Omit “52”, substitute “208”.

5  Subsection 61AA(5)

Omit “52”, substitute “208”.

6  Application provisions

(1)       The amendments made by this Schedule apply in relation to a person who becomes the holder of a visa covered by paragraph 61AA(2)(a) or (b) of the A New Tax System (Family Assistance) Act 1999 on or after the commencement of this item.

(2)       However, those amendments do not apply in relation to a person who, on or after 1 January 2019 and before the commencement of this item, became the holder of a visa covered by paragraph 61AA(2)(a) of the A New Tax System (Family Assistance) Act 1999.

Schedule 3Paid parental leave amendments

  

Paid Parental Leave Act 2010

1  Paragraph 31A(2)(e)

Omit “104”, substitute “208”.

2  Paragraph 31A(3)(d)

Omit “104”, substitute “208”.

3  Subsection 31A(4)

Omit “104”, substitute “208”.

4  Paragraph 115CBA(2)(e)

Omit “104”, substitute “208”.

5  Paragraph 115CBA(3)(d)

Omit “104”, substitute “208”.

6  Subsection 115CBA(4)

Omit “104”, substitute “208”.

7  Application provisions

(1)       The amendments of section 31A of the Paid Parental Leave Act 2010 made by this Schedule apply in relation to a person who becomes the holder of a visa covered by paragraph 31A(1)(a) or (b) of that Act on or after the commencement of this item.

(2)       However, the amendments of section 31A of the Paid Parental Leave Act 2010 made by this Schedule do not apply in relation to a person who, on or after 1 January 2019 and before the commencement of this item, became the holder of a visa covered by paragraph 31A(1)(a) of that Act.

(3)       The amendments of section 115CBA of the Paid Parental Leave Act 2010 made by this Schedule apply in relation to a person who becomes the holder of a visa covered by paragraph 115CBA(1)(a) or (b) of that Act on or after the commencement of this item.

(4)       However, the amendments of section 115CBA of the Paid Parental Leave Act 2010 made by this Schedule do not apply in relation to a person who, on or after 1 January 2019 and before the commencement of this item, became the holder of a visa covered by paragraph 115CBA(1)(a) of that Act.