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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Family
and Community Services Legislation Amendment (Further Simplification of
International Payments) Bill 2002
No. ,
2002
(Family and Community
Services)
A Bill for an Act to amend the
social security law in relation to international payments, and for related
purposes
Contents
Part 1—Extension of Australian working life
residence 3
Part 2—Accrual of Australian working life residence if pension
bonus applies 4
Part 3—Comparable foreign payment debt
recovery 5
A Bill for an Act to amend the social security law in
relation to international payments, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Family and Community Services Legislation
Amendment (Further Simplification of International Payments) Act
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1, 2 and 3 |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
On whichever of the following days is applicable: |
|
Note: This table relates only to the provisions of this Act
as originally passed by 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 is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Part 1—Extension
of Australian working life residence
1 Point 1221-C1
Omit “300 months (25 years)”, substitute “360 months (30
years)”.
Note: The heading to point 1221-C1 is altered by omitting
“25” and substituting
“30”.
2 Point 1221-C2
Repeal the point, substitute:
Residence factor (period of Australian working life residence under 30
years)
1221-C2 If a person’s period of Australian working life residence is
less than 360 months (30 years), the person’s residence factor
is:
Part 2—Accrual
of Australian working life residence if pension bonus
applies
3 Point 1221-B2
Omit all the words from and including “time” (first occurring),
to and including “resident”, substitute:
time is the sum of the following:
(a) the number of months in the period, or the aggregate of the periods,
during the person’s working life during which the person has, up to that
time, been an Australian resident;
(b) the number of months in bonus periods that have accrued to the person
under Part 2.2A at that time.
4 At the end of
Schedule 1A
Add:
(1) The amendments of points 1221-B2, 1221-C1 and 1221-C2 made by the
Family and Community Services Legislation Amendment (Further Simplification
of International Payments) Act 2002 apply to a person after the commencement
day unless:
(a) the person was absent from Australia on the commencement day;
and
(b) the person had not returned to Australia for a continuous period of 26
weeks or more since the commencement day.
(2) In this clause:
commencement day means the day on which Schedule 1 to
the Family and Community Services Legislation Amendment (Further
Simplification of International Payments) Act 2002 commenced.
Part 3—Comparable
foreign payment debt recovery
5 Subsection 1222(1)
(notes)
Repeal the notes.
6 Subsection 1222(2) (after table
item 15)
Insert:
|
15A |
1228A (comparable foreign payment debts) |
deductions |
1231, 1234A |
7 After section 1228
Insert:
(1) This section applies if:
(a) an amount (the social security amount) was paid to a
person by way of a social security payment in respect of a particular period;
and
(b) another amount (the lump sum) was paid as a lump sum to
the person, by way of a payment of arrears of a comparable foreign payment in
respect of that period; and
(c) assuming that the lump sum had been paid to the person by way of
periodical payments of the comparable foreign payment in respect of the period,
the social security amount would have been reduced.
(2) The amount by which the social security amount would have been reduced
as mentioned in paragraph (1)(c) is a debt due to the
Commonwealth.
(3) If this section applies in respect of a lump sum paid to a person by
way of a payment of arrears of a comparable foreign payment in respect of a
period, then section 1073 does not apply to the person in respect of the
lump sum.