I, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, make this Specification under subsection 102 (1) of the A New Tax System (Family Assistance) (Administration) Act 1999.

Dated 16th July 2011

1 Name of Specification

This Specification is the Family Assistance (Waiver of Debts — Disasters) (FaHCSIA) Specification 2011.

2 Commencement

This Specification commences on the day after the end of the period for disallowing it.

Note: For that period, see section 42 of the Legislative Instruments Act 2003.

3 Definitions

In this Specification:

Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

affected family member, of a person, means an individual:

(a) who is the person’s partner; or

(b) who is the natural parent, adoptive parent or step-parent of the person; or

(c) who is a legal guardian of the person, or was a legal guardian of the person when the person was under 18 years; or

(d) who is the natural child, adoptive child or step-child of the person; or

(e) who is the brother, sister, stepbrother or stepsister of the person.

destroyed, for a person’s principal place of residence, includes damage to the residence to the extent that it must be demolished.

disaster means:

(a) the heavy rainfall, storm damage and associated flooding in Queensland that began in November 2010 and continued into January 2011;

(b) the flooding in New South Wales determined to be a major disaster on 14 January 2011;

(c) the flooding in Victoria determined to be a major disaster on 19 January 2011; and

(d) the severe weather, storm surges and flooding in Queensland that resulted from Tropical Cyclone Yasi.

disaster period means the period:

(a) beginning 1 November 2010; and

(b) ending 19 March 2011.

seriously injured, for a person, means:

(a) the person sustained injury; and

(b) either the person was admitted, or required admittance, to hospital.

4 Specification of class of debts

For section 102 of the Act, a debt is in a specified class if:

(a) it was incurred by a person for a period that occurred either wholly or partly during the disaster period; and

(b) the person was adversely affected by a disaster during the disaster period; and

(c) if the debt was incurred for a period occurring partly during the disaster period — it is the part of the debt attributable to days occurring in the disaster period.

5 Adversely affected by the disasters

(1) A person is adversely affected by a disaster if, as a direct result of the disaster:

(a) the person was seriously injured; or

(b) an affected family member of the person was killed; or

(c) an affected family member of the person was seriously injured; or

(d) the person’s principal place of residence was destroyed; or

(e) the person’s principal place of residence sustained major damage; or

(f) the person was unable to return to his or her principal place of residence for at least 24 hours; or

(g) a utility failure occurred in the person’s principal place of residence; or

(h) the person experienced psychological trauma.

(2) A person is unable to return to the person’s principal place of residence if the person cannot return to the residence, as supported by evidence.

(3) A person’s principal place of residence sustains major damage if:

(a) at least one quarter of the residence has been damaged; or

(b) the residence became structurally unsound, as supported by evidence.

(4) A place is a person’s principal place of residence if:

(a) the person normally resides in the place; and

(b) the person has a right or licence entitling the person to reside in the place.

(5) A utility failure occurred in a residence if:

(a) there was a failure in the supply of electricity, water or gas to the residence for at least 48 hours; or

(b) the sewerage for the residence failed for at least 24 hours; or

(c) sewerage contamination occurred in the residence.

(6) A person experiences psychological trauma if:

(a) the person was in the immediate area of the disasters; and

(b) any of the following occurred:

(i) the person was an eyewitness to a person being seriously injured during the disasters;

(ii) the person was an eyewitness to the remains or body of a deceased person killed as a result of the disasters;

(iii) the person was separated for at least 24 hours from an affected family member who was in the immediate area of the disasters;

(iv) the person’s life was under immediate threat;

(v) the person’s principal place of residence was under immediate threat;

(vi) business premises, or other real property, owned by the person, were under immediate threat.

6 Debts to which section 4 does not apply

Section 4 does not apply to a debt incurred wholly or partly from the debtor or another person knowingly:

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

(b) failing or omitting to comply with a provision of the family assistance law.