2004-2005-2006 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 (Families, Community Services and Indigenous Affairs) A Bill for an Act to amend the social security law and the family assistance law, repeal redundant housing Acts and make technical amendments, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 3 Schedule 1--Amendment of the A New Tax System (Family Assistance) Act 1999 4 Schedule 2--Amendment of the A New Tax System (Family Assistance) (Administration) Act 1999 6 Schedule 3--Amendment of the Social Security Act 1991 7 Schedule 4--Amendment of the Social Security (Administration) Act 1999 19 Schedule 5--Amendment of the Social Security (International Agreements) Act 1999 22 Schedule 6--Amendment of other Acts 23 A New Tax System (Compensation Measures Legislation Amendment) Act 1999 23 Disability Services Act 1986 23 Family and Community Services and Veterans' Affairs Legislation Amendment (2004 Election Commitments) Act 2004 23 Veterans' Entitlements Act 1986 23 Schedule 7--Repeal of redundant housing Acts 24 Home Deposit Assistance Act 1982 24 Homeless Persons Assistance Act 1974 24 Homes Savings Grant Act 1964 24 Homes Savings Grant Act 1976 24 States Grants (Housing) Act 1971 24 Supported Accommodation Assistance Act 1985 24 Supported Accommodation Assistance Act 1989 24 Schedule 8--Technical amendments relating to legislative instruments 25 A New Tax System (Family Assistance) Act 1999 25 A New Tax System (Family Assistance) (Administration) Act 1999 28 i Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] Data-matching Program (Assistance and Tax) Act 1990 31 Disability Services Act 1986 32 Family Assistance Legislation Amendment (More Help for Families-- One-off Payments) Act 2004 33 Housing Assistance Act 1996 33 Social Security Act 1991 33 Social Security (Administration) Act 1999 43 Social Security (International Agreements) Act 1999 45 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 ii [Page Break] 1 and the family assistance law, repeal redundant 2 housing Acts and make technical amendments, and 3 for related purposes 4 The Parliament of Australia enacts: 5 1 Short title 6 This Act may be cited as the Social Security and Family Assistance 7 Legislation Amendment (Miscellaneous Measures) Act 2006. 8 2 Commencement 9 (1) Each provision of this Act specified in column 1 of the table 10 commences, or is taken to have commenced, in accordance with 11 column 2 of the table. Any other statement in column 2 has effect 12 according to its terms. 13 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 1 [Page Break] Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedules 1 The day on which this Act receives the and 2 Royal Assent. 3. Schedule 3, The day on which this Act receives the items 1 to 26 Royal Assent. 4. Schedule 3, The later of: item 27 (a) the day on which this Act receives the Royal Assent; and (b) immediately after the commencement of Schedule 7 to the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005. 5. Schedule 3, The day on which this Act receives the items 28 to 84 Royal Assent. 6. Schedules 4 The day on which this Act receives the and 5 Royal Assent. 7. Schedule 6, Immediately after the time specified in the A 1 July 2000 item 1 New Tax System (Compensation Measures Legislation Amendment) Act 1999 for the commencement of item 22 of Schedule 2 to that Act. 8. Schedule 6, Immediately after the commencement of 1 July 2002 item 2 item 21 of Schedule 1 to the Disability Services Amendment (Improved Quality Assurance) Act 2002. 9. Schedule 6, Immediately after the commencement of 1 December item 3 item 17 of Schedule 2 to the Family and 2004 Community Services and Veterans' Affairs Legislation Amendment (2004 Election Commitments) Act 2004. 2 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 10. Schedule 6, The day on which this Act receives the item 4 Royal Assent. 11. Schedules 7 The day on which this Act receives the and 8 Royal Assent. Note: This table relates only to the provisions of this Act as originally 1 passed by the Parliament and assented to. It will not be expanded to 2 deal with provisions inserted in this Act after assent. 3 (2) Column 3 of the table contains additional information that is not 4 part of this Act. Information in this column may be added to or 5 edited in any published version of this Act. 6 3 Schedule(s) 7 Each Act that is specified in a Schedule to this Act is amended or 8 repealed as set out in the applicable items in the Schedule 9 concerned, and any other item in a Schedule to this Act has effect 10 according to its terms. 11 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 3 [Page Break] 1 Schedule 1--Amendment of the A New Tax 2 System (Family Assistance) Act 1999 3 4 1 At the end of section 16 5 Add: 6 (3) The Minister may, by legislative instrument, determine that 7 individuals included in a specified class are individuals who are 8 taken to have recognised training commitments for the purposes of 9 this section. 10 2 At the end of section 17 11 Add: 12 (3) The Minister may, by legislative instrument, determine that 13 individuals included in a specified class are individuals who are 14 taken to have recognised study commitments for the purposes of 15 this section. 16 3 After paragraph 43(1)(b) 17 Insert: 18 (ba) the care is not provided as part of the compulsory education 19 program in the State or Territory where the care is provided; 20 and 21 4 After paragraph 44(1)(b) 22 Insert: 23 (ba) the care is not provided as part of the compulsory education 24 program in the State or Territory where the care is provided; 25 and 26 5 Subsection 57(1) 27 Omit "Minister" (wherever occurring), substitute "Secretary". 28 Note: The heading to section 57 is altered by omitting "Minister's" and substituting 29 "Secretary's". 30 6 Subsections 57(3) and (4) 31 Omit "Minister", substitute "Secretary". 32 4 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 7 Paragraph 57B(c) 1 Omit "Minister's", substitute "Secretary's". 2 8 Paragraph 57C(c) 3 Omit "Minister", substitute "Secretary". 4 9 Saving of determinations under sections 57 and 57B 5 (1) A determination in force under section 57 of the A New Tax System 6 (Family Assistance) Act 1999 just before the commencement of the 7 amendments of that section by this Schedule continues in force despite 8 those amendments as if it had been made by the Secretary on that 9 commencement. 10 (2) A determination in force under paragraph 57B(c) of the A New Tax 11 System (Family Assistance) Act 1999 just before the commencement of 12 the amendment of that paragraph by this Schedule continues to apply 13 after that commencement in relation to the Secretary's determinations 14 under section 57 in the same way as it applied to the Minister's 15 determinations under that section before that commencement. 16 (3) This item does not prevent the variation or revocation of a 17 determination. 18 10 Section 84 19 Repeal the section, substitute: 20 84 Weekly limit on child care benefit for care provided by a 21 registered carer 22 The total amount of child care benefit for care provided to a child 23 by a registered carer or carers in a week is not to exceed the lesser 24 of the following: 25 (a) the amount worked out as follows: 26 Hourly rate under section 83 × 50 27 (b) the amount paid for the care. 28 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 5 [Page Break] (Administration) Act 1999 1 Schedule 2--Amendment of the A New Tax 2 System (Family Assistance) 3 (Administration) Act 1999 4 5 1 Paragraph 66(2)(a) 6 Omit "56(2) and 56A(2)", substitute "56(3) and 56A(3)". 7 2 At the end of paragraph 109G(2)(e) 8 Add "and". 9 6 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 1 Schedule 3--Amendment of the Social 2 Security Act 1991 3 4 1 Paragraph 4(9A)(b) 5 Repeal the paragraph. 6 2 Subsection 8(1) (definition of ordinary income) (note 2) 7 Omit "1171", substitute "1176". 8 3 Paragraph 8(8)(d) 9 Repeal the paragraph. 10 4 Paragraph 8(11)(a) 11 Omit "10(1A)", substitute "(11A)". 12 5 After subsection 8(11) 13 Insert: 14 (11A) An amount is a periodic amount if it is: 15 (a) the amount of one payment in a series of related payments, 16 even if the payments are irregular in time and amount; or 17 (b) the amount of a payment making up for arrears in such a 18 series. 19 6 Subsection 11(14) 20 Repeal the subsection. 21 7 Subsection 14(1) (at the end of the definition of remote 22 area) 23 Add: 24 ; and (d) Lord Howe Island. 25 8 Subsection 23(1) (definition of financial hardship farmer) 26 Repeal the definition. 27 9 Subsection 23(1) (definition of life insurance policy) 28 Repeal the definition. 29 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 7 [Page Break] 10 Subsection 23(1) (definition of section 26 certificate date) 1 Repeal the definition. 2 11 Subsection 23(5) 3 Repeal the subsection, substitute: 4 (5) For the purposes of this Act, a person is in gaol if: 5 (a) the person is being lawfully detained (in prison or elsewhere) 6 while under sentence for conviction of an offence and not on 7 release on parole or licence; or 8 (b) the person is undergoing a period of custody pending trial or 9 sentencing for an offence. 10 12 Subsection 82(2) (note) 11 Repeal the note. 12 13 Paragraph 83(1)(a) 13 After "pension", insert "or social security benefit". 14 Note: The heading to section 83 is altered by omitting "partner's pension or allowance" and 15 substituting "deceased partner's previous entitlement". 16 14 Subparagraph 92C(a)(ii) 17 Omit "(within the meaning of section 1208)", substitute "(see section 5 18 of the Social Security (International Agreements) Act 1999)". 19 15 Paragraph 93H(a) 20 Repeal the paragraph, substitute: 21 (a) if the person is not permanently blind--the rate that would be 22 the person's provisional annual payment rate under the 23 method statement in point 1064-A1, ascertained as at the date 24 of grant of the age pension, if it were assumed that steps 2 25 and 3 were omitted from that method statement; or 26 16 Paragraph 93J(3)(a) 27 Repeal the paragraph, substitute: 28 (a) if the person is not permanently blind--the adjusted 29 percentage of the sum of: 30 (i) the person's maximum basic rate under Table B in point 31 1064-B1; and 32 8 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] (ii) the person's pension supplement worked out under 1 point 1064-BA2; 2 calculated in each case as at the date of grant of the age 3 pension and assuming that the person was not a member of a 4 couple at that date; or 5 17 Paragraph 93J(4)(a) 6 Repeal the paragraph, substitute: 7 (a) if the person is not permanently blind--the adjusted 8 percentage of the sum of: 9 (i) the person's maximum basic rate under Table B in point 10 1064-B1; and 11 (ii) the person's pension supplement worked out under 12 point 1064-BA2; 13 calculated in each case as at the date of grant of the age 14 pension and assuming that the person was a member of a 15 couple at that date; or 16 18 Subsection 93J(5) (definition of maximum basic rate) 17 Repeal the definition, substitute: 18 maximum basic rate is the sum of the amounts worked out under 19 steps 1 and 1A of the method statement in point 1064-A1. 20 19 Paragraph 146G(1)(a) 21 After "pension", insert "or social security benefit". 22 Note 1: The heading to section 146G is altered by omitting "partner's pension or allowance" 23 and substituting "deceased partner's previous entitlement". 24 Note 2: The heading to section 238 is altered by omitting "partner's pension or allowance" 25 and substituting "deceased partner's previous entitlement". 26 20 Subparagraph 198C(6)(b)(i) 27 Omit "subsection 222(1A)", substitute "section 70 of the 28 Administration Act". 29 21 Subsection 237(2) (note) 30 Repeal the note. 31 22 Subsection 246(2) (note 1) 32 Repeal the note. 33 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 9 [Page Break] 23 Subsection 246(2) (note 2) 1 Omit "Note 2:", substitute "Note:". 2 24 Subsection 359(2) (note) 3 Repeal the note. 4 25 Subsection 547C(1) 5 Omit "(1)". 6 26 Subsection 573B(1) 7 Omit "(1)". 8 27 Subsection 593(2) 9 Repeal the subsection. 10 28 Section 665ZFC 11 Omit "section 665ZC", substitute "section 665ZFA". 12 29 Paragraphs 739(c), (d) and (e) 13 Repeal the paragraphs, substitute: 14 (c) the person meets the conditions in subsection 1067A(9) 15 (which is about being independent). 16 30 Paragraph 823(1)(a) 17 After "pension", insert "or social security benefit". 18 Note: The heading to section 823 is altered by omitting "partner's pension or allowance" 19 and substituting "deceased partner's previous entitlement". 20 31 Paragraph 1037(aa) 21 Omit "provided; or", substitute "provided.". 22 32 Paragraph 1037(b) 23 Repeal the paragraph. 24 33 Paragraphs 1061EM(1)(b) and (2)(a) 25 Omit "application", substitute "claim". 26 34 Subsection 1061EM(3) 27 10 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] Omit "application", substitute "claim". 1 35 Section 1061JG 2 Before "A person", insert "(1)". 3 36 Paragraph 1061JG(a) 4 Repeal the paragraph, substitute: 5 (a) the person spends at least 14 days in gaol, or in psychiatric 6 confinement that starts because he or she has been charged 7 with an offence, and is released so that he or she is neither in 8 gaol nor in psychiatric confinement; and 9 37 At the end of section 1061JG 10 Add: 11 Note: A person does not cease to be in gaol merely because he or she is 12 transferred between a prison and a psychiatric institution where he or 13 she is lawfully detained while still under sentence. See subsection 14 23(5). 15 (2) Disregard subsection 23(9) in determining whether a person meets 16 the condition in paragraph (1)(a) of this section. 17 Note: Subsection 23(9) provides that the confinement of a person in a 18 psychiatric institution when the person is undertaking a course of 19 rehabilitation is not to be taken to be psychiatric confinement. 20 38 Paragraph 1061ZK(5)(a) 21 Repeal the paragraph, substitute: 22 (a) on that day the person is receiving a youth allowance (except 23 because of section 540AA) and is not undertaking full-time 24 study; or 25 39 Subsection 1061ZK(7) 26 Repeal the subsection, substitute: 27 (7) This section applies to a person on a day if, on that day, the person 28 is receiving mobility allowance. 29 40 Point 1064-A2 30 Omit ", 1064-F2". 31 Note: The heading to section 1066 is altered by omitting "sole parent pension,". 32 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 11 [Page Break] 41 Paragraph (a) of point 1068-D1 1 Repeal the paragraph. 2 42 Subsection 1070L(2) (cells at table items 3 and 4, column 3 4) 4 Repeal the cells, substitute: 5 Half the rate specified in column 4 of item 2 43 Subsection 1070N(2) (cells at table items 3 and 4, column 6 4) 7 Repeal the cells, substitute: 8 Half the rate specified in column 4 of item 2 44 Subsection 1070P(2) (cells at table items 3 and 4, column 9 4) 10 Repeal the cells, substitute: 11 Half the rate specified in column 4 of item 2 45 Subsection 1070Q(2) (cell at table item 3, column 4) 12 Repeal the cell, substitute: 13 Half the rate specified in column 4 of item 2 46 Subsection 1070R(2) (cell at table item 2, column 4) 14 Repeal the cell, substitute: 15 Half the rate specified in column 4 of item 1 12 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 47 Point 1071A-4 (before paragraph (a) of the definition of 1 income) 2 Insert: 3 (aa) payments of a social security pension or a social security 4 benefit; and 5 48 Point 1071A-4 (after paragraph (c) of the definition of 6 income) 7 Insert: 8 (ca) payments of income support supplement; and 9 (cb) a payment under Part VIIAB (DFISA) of the Veterans' 10 Entitlements Act (including a payment made under 11 regulations made under that Part); and 12 49 Section 1072 13 Omit "2 or 3", substitute "1A". 14 50 Section 1073F (method statement, step 3) 15 Omit "participant's fortnightly", substitute "participant's". 16 51 Paragraphs 1075(1)(b) and (ba) 17 Repeal the paragraphs, substitute: 18 (b) depreciation that relates to the business and is an allowable 19 deduction for the purposes of subsection 54(1) of the Income 20 Tax Assessment Act 1936; and 21 (ba) amounts that relate to the business and can be deducted under 22 a provision of Division 40 of the Income Tax Assessment Act 23 1997 corresponding to a provision of repealed Division 42 of 24 that Act; and 25 52 Subsection 1100(2) 26 Omit "15th", substitute "fifth". 27 53 At the end of Division 2 of Part 3.10 28 Add: 29 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 13 [Page Break] 1100A Determining value of a payment originally denominated in a 1 foreign currency but made in Australian currency 2 (1) This section applies if, for the purposes of working out for a 3 calculation day the rate of a payment to be made to a person under 4 this Act, it is necessary to take account of a payment (the foreign 5 payment): 6 (a) that the person received from a source overseas; and 7 (b) that was originally denominated in a foreign currency but 8 was received by the person in Australian currency. 9 (2) For those purposes, the value in Australian currency of the foreign 10 payment is taken to be the value that would have been determined 11 under section 1100 had the person received the foreign payment in 12 the foreign currency. 13 (3) Subsection (2) has effect regardless of the amount of the foreign 14 payment actually received by the person in Australian currency. 15 (4) In this section: 16 calculation day has the same meaning as in section 1100. 17 54 Subsection 1118(1) 18 Omit "198H, 198HA, 198HB, 198J, 198JA, 198JB, 198K and 198L, 19 subparagraph 501E(1)(d)(iv), Division 1B of Part 3.10 and 20 sections 1125, 1126,", substitute "198F to 198MA (inclusive), 21 Division 1B of Part 3.10, Division 2 and sections". 22 55 Subsection 1124A(1) 23 Omit "Subject to subsection (2), if", substitute "If". 24 56 Subsection 1124A(2) 25 Repeal the subsection. 26 57 Subsection 1125(1) 27 Omit "Subject to subsection (2), if", substitute "If". 28 58 Subsection 1125(2) 29 Repeal the subsection. 30 14 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 59 Subsection 1125A(1) 1 Omit "(2),". 2 60 Subsection 1125A(2) 3 Repeal the subsection. 4 61 Subsection 1126(1) 5 Omit "(2),". 6 62 Subsection 1126(2) 7 Repeal the subsection. 8 63 Subsection 1130C(3) 9 After "The", insert "person's". 10 64 Subsection 1130C(3) 11 Omit "of a person who is not a financial hardship farmer". 12 65 Subsection 1130C(3) (note) 13 Repeal the note. 14 66 Subsection 1130C(4) 15 Repeal the subsection. 16 67 Subsection 1130C(5) 17 Omit "subsections (3) and (4)", substitute "paragraph (3)(b)". 18 68 Subsection 1132(3) 19 After "The", insert "person's". 20 69 Subsection 1132(3) 21 Omit "of a person who is not a financial hardship farmer". 22 70 Subsection 1132(3A) 23 Repeal the subsection. 24 71 Subsection 1132(4) 25 Omit "subsections (3) and (3A)", substitute "paragraph (3)(b)". 26 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 15 [Page Break] 72 Section 1158 1 After "parenting payment,", insert "a carer allowance,". 2 73 At the end of Part 3.13 3 Add: 4 1159A Person not qualified for some concession cards when in gaol 5 or in psychiatric confinement following criminal charge 6 (1) A person is not qualified under section 1061ZG or 1061ZO for a 7 seniors health card or health care card on a day on which the 8 person is: 9 (a) in gaol; or 10 (b) undergoing psychiatric confinement because the person has 11 been charged with an offence. 12 Note 1: For in gaol see subsection 23(5). 13 Note 2: For psychiatric confinement see subsections 23(8) and (9). 14 (2) This section has effect despite sections 1061ZG and 1061ZO. 15 74 Subparagraphs 1185K(3)(d)(ii) and (iia) 16 Repeal the subparagraphs, substitute: 17 (ii) depreciation that relates to a relevant farm asset and is 18 an allowable deduction for the purposes of subsection 19 54(1) of the Income Tax Assessment Act 1936; and 20 (iia) amounts that relate to a relevant farm asset and can be 21 deducted under a provision of Division 40 of the Income 22 Tax Assessment Act 1997 corresponding to a provision 23 of repealed Division 42 of that Act; and 24 75 Section 1190 (cell at table item 17, column 4) 25 Repeal the cell, substitute: 26 16 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] [Part 3.7--section 1070L--Table-- column 4--items 1, 2, 5, 6, 7, 8, 9 and 10] [Part 3.7--section 1070M--Table-- column 3--amount] [Part 3.7--sections 1070N and 1070P--Table--column 4--items 1, 2, 5, 6, 7, 8, 9 and 10] [Part 3.7--section 1070Q--Table-- column 4--items 1, 2, 4, 5, 6 and 7] [Part 3.7--section 1070R--Table-- column 4--items 1, 3, 4, 5 and 6] 76 Subsection 1206GC(5) (table item 6, column 2) 1 Omit "547C(1)(a)", substitute "547C(a)". 2 77 Subsection 1206GC(5) (table item 7, column 2) 3 Omit "573B(1)(a)", substitute "573B(a)". 4 78 Paragraphs 1208B(1)(b) and (ba) 5 Repeal the paragraphs, substitute: 6 (b) depreciation that relates to the business or investment and is 7 an allowable deduction for the purposes of subsection 54(1) 8 of the Income Tax Assessment Act 1936; and 9 (ba) amounts that relate to the business or investment and can be 10 deducted under a provision of Division 40 of the Income Tax 11 Assessment Act 1997 corresponding to a provision of 12 repealed Division 42 of that Act; and 13 79 Paragraphs 1209C(1)(b) and (ba) 14 Repeal the paragraphs, substitute: 15 (b) depreciation that relates to the primary production enterprise 16 and is an allowable deduction for the purposes of subsection 17 54(1) of the Income Tax Assessment Act 1936; and 18 (ba) amounts that relate to the primary production enterprise and 19 can be deducted under a provision of Division 40 of the 20 Income Tax Assessment Act 1997 corresponding to a 21 provision of repealed Division 42 of that Act; and 22 80 Section 1216 23 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 17 [Page Break] Omit "remote area allowance,". 1 81 Subparagraph 1223(1B)(b)(iii) 2 Omit "subsection 222(1A)", substitute "section 70 of the 3 Administration Act". 4 82 Paragraphs 1223AA(1)(a), (1B)(a) and (b) and (1BA)(a) and 5 (d) 6 Omit "benefit", substitute "payment". 7 83 Paragraph 1231(1)(b) 8 Omit "or" (last occurring). 9 84 After paragraph 1231(1)(ba) 10 Insert: 11 (bb) a debt described in subsection 1228(2A) or (2B); 12 18 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 1 Schedule 4--Amendment of the Social 2 Security (Administration) Act 1999 3 4 1 Subsection 14(5) 5 Repeal the subsection. 6 2 Subsections 29(1) and (2) 7 After "30,", insert "30A,". 8 3 Subparagraph 30(b)(ii) 9 Repeal the subparagraph. 10 4 Subparagraph 30(b)(iii) 11 Omit "determined by the Minister to be a visa to which this 12 subparagraph applies", substitute "that is in a class of visas determined 13 by the Minister for the purposes of subparagraph 729(2)(f)(v) of the 14 1991 Act". 15 5 After section 30 16 Insert: 17 30A Exclusion from section 29 residence requirement of crisis 18 payment claimants holding certain visas 19 Despite paragraph 29(1)(a), a person who is not an Australian 20 resident may make a claim for a crisis payment if the person is 21 qualified for special benefit because he or she is the holder of a 22 visa that is in a class of visas determined by the Minister for the 23 purposes of subparagraph 729(2)(f)(v) of the 1991 Act. 24 6 Section 70 25 Before "If a person", insert "(1)". 26 7 At the end of section 70 27 Add: 28 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 19 [Page Break] (2) The notice may describe the event or change of circumstances 1 specified in the notice as a notifiable event for the purposes of 2 section 198C of the 1991 Act. 3 8 After section 95 4 Insert: 5 95A Automatic cancellation of carer payment for non-compliance 6 with section 70 notice 7 If: 8 (a) a care receiver or parent of a care receiver is given a notice 9 under section 70; and 10 (b) the notice requires the care receiver or parent to inform the 11 Department of the occurrence of an event or change of 12 circumstances within a specified period (the notification 13 period); and 14 (c) the event or change of circumstances occurs; and 15 (d) the care receiver or parent does not inform the Department of 16 the occurrence of the event or change of circumstances 17 within the notification period in accordance with the notice; 18 and 19 (e) because of the occurrence of the event or change of 20 circumstances: 21 (i) the person receiving the carer payment ceases to be 22 qualified for the payment; or 23 (ii) the carer payment ceases to be payable to the person; 24 the carer payment is cancelled, by force of this section, on the day 25 on which the event or change of circumstances occurs. 26 9 Paragraph 99(2)(g) 27 Omit "so". 28 10 Subparagraph 99(3)(c)(i) 29 After "day", insert "before the day". 30 11 Paragraphs 144(a) and (b) 31 Repeal the paragraphs. 32 12 Saving 33 20 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] The repeal of paragraphs 144(a) and (b) of the Social Security 1 (Administration) Act 1999 does not enable the SSAT to review a 2 decision it was prohibited by either of those paragraphs from reviewing. 3 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 21 [Page Break] 1 Schedule 5--Amendment of the Social 2 Security (International Agreements) 3 Act 1999 4 5 1 Subsection 14A(1) (table item 2) 6 Omit "15", substitute "16". 7 2 At the end of subsection 14A(1) 8 Add: 9 Note: Additional child amounts are indexed annually in line with CPI 10 increases (see sections 1190 and 1191 of the Social Security Act 11 1991). 12 22 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 1 Schedule 6--Amendment of other Acts 2 3 A New Tax System (Compensation Measures Legislation 4 Amendment) Act 1999 5 1 Item 22 of Schedule 2 (heading) 6 After "statement", insert "2". 7 Disability Services Act 1986 8 2 Section 9 9 Omit "paragraph (d)", substitute "paragraph (h)". 10 Family and Community Services and Veterans' Affairs 11 Legislation Amendment (2004 Election 12 Commitments) Act 2004 13 3 Item 17 of Schedule 2 (heading) 14 Repeal the heading, substitute: 15 17 Before paragraph 5H(8)(h) 16 Note: This item ensures that an amendment is located correctly. 17 Veterans' Entitlements Act 1986 18 4 Paragraph 5H(8)(k) 19 Repeal the paragraph. 20 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 23 [Page Break] 1 Schedule 7--Repeal of redundant housing 2 Acts 3 4 1 Repeal of Acts 5 The Acts specified in this Schedule are repealed. 6 Home Deposit Assistance Act 1982 7 Homeless Persons Assistance Act 1974 8 Homes Savings Grant Act 1964 9 Homes Savings Grant Act 1976 10 States Grants (Housing) Act 1971 11 Supported Accommodation Assistance Act 1985 12 Supported Accommodation Assistance Act 1989 13 24 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 1 Schedule 8--Technical amendments relating 2 to legislative instruments 3 4 A New Tax System (Family Assistance) Act 1999 5 1 Subsection 3(1) (paragraph (c) of the definition of disabled 6 person) 7 After "Minister", insert ", by legislative instrument,". 8 2 Subsection 3(1) (paragraph (e) of the definition of disabled 9 person) 10 After "Minister", insert ", by legislative instrument,". 11 3 Subsection 3(4) 12 Repeal the subsection. 13 4 Subsection 4(1) 14 Omit "(1)". 15 5 Subsection 4(1) 16 After "section 3,", insert "by legislative instrument,". 17 6 Subsection 4(2) 18 Repeal the subsection. 19 7 Subsection 7(1) 20 After "Minister may", insert ", by legislative instrument,". 21 8 Subsection 7(2) 22 After "Minister may", insert ", by legislative instrument,". 23 9 Subsection 7(3) 24 Repeal the subsection. 25 10 Subsection 8(4) 26 After "Minister may", insert ", by legislative instrument,". 27 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 25 [Page Break] 11 Subsection 8(5) 1 Repeal the subsection. 2 12 Subsection 9(1) 3 After "Minister must", insert ", by legislative instrument,". 4 13 Subsection 9(3) 5 Repeal the subsection. 6 14 Subparagraph 10(2)(b)(iv) 7 Omit "subsection 11(1)", substitute "section 11". 8 15 Paragraph 10A(2)(b) 9 Omit "subsection 11(1)", substitute "section 11". 10 16 Subsection 11(1) 11 Omit "(1) The Minister may", substitute "The Minister may, by 12 legislative instrument,". 13 17 Subsection 11(2) 14 Repeal the subsection. 15 18 Subsection 14(2) 16 After "Minister may", insert ", by legislative instrument,". 17 19 Subsection 14(4) 18 Repeal the subsection. 19 20 Subsection 15(2) 20 After "Minister may", insert ", by legislative instrument,". 21 21 Subsection 15(3) 22 Repeal the subsection. 23 22 Subsection 18(2) 24 After "Minister may", insert ", by legislative instrument,". 25 23 Subsection 18(3) 26 26 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] After "Minister may", insert ", by legislative instrument,". 1 24 Subsection 18(4) 2 Repeal the subsection. 3 25 Subsection 48(3) 4 After "Minister may", insert ", by legislative instrument,". 5 26 Subsection 48(4) 6 Repeal the subsection. 7 27 Subsection 49(2) 8 After "Minister may", insert ", by legislative instrument,". 9 28 Subsection 49(3) 10 After "Minister may", insert ", by legislative instrument,". 11 29 Subsection 49(4) 12 Repeal the subsection. 13 30 Subsection 51(1) 14 Omit "(1) The Minister may", substitute "The Minister may, by 15 legislative instrument,". 16 31 Subsection 51(2) 17 Repeal the subsection. 18 32 Subsection 57A(1) 19 After "Minister must", insert ", by legislative instrument,". 20 33 Section 57B 21 After "Minister may", insert ", by legislative instrument,". 22 34 Section 57D 23 Repeal the section. 24 35 Subparagraph 76(1)(b)(ii) 25 Omit "a determination", substitute "an instrument". 26 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 27 [Page Break] 36 Paragraph 81(2)(c) 1 Omit "a determination", substitute "an instrument". 2 37 Subsection 82(3) 3 Omit "determination", substitute "legislative instrument". 4 38 Subsection 82(4) 5 Repeal the subsection. 6 39 Clause 8 of Schedule 4 7 Repeal the clause. 8 A New Tax System (Family Assistance) (Administration) Act 9 1999 10 40 Subsection 32Q(1) 11 Omit "(1) The Secretary may, by writing", substitute "The Secretary 12 may, by legislative instrument". 13 41 Subsection 32Q(2) 14 Repeal the subsection. 15 42 Subsection 32R(1) 16 Omit "by writing", substitute "by legislative instrument". 17 43 Subsection 32R(2) 18 Repeal the subsection. 19 44 Subsection 79(2) 20 Omit "determine, in writing,", substitute ", by legislative instrument, 21 determine". 22 45 Subsection 79(3) 23 Repeal the subsection. 24 46 Subsection 79A(1) 25 Omit "(1)". 26 28 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 47 Subsection 79A(1) 1 Omit "by writing", substitute "by legislative instrument". 2 48 Subsection 79A(2) 3 Repeal the subsection. 4 49 Subsection 100(6) (definition of interest) 5 Omit "determination in writing", substitute "legislative instrument". 6 50 Subsection 100(7) 7 Repeal the subsection. 8 51 Subsection 102(1) 9 Omit "determination in writing", substitute "legislative instrument". 10 52 Subsection 102(1A) 11 Omit "A determination", substitute "An instrument made". 12 53 Subsection 102(1A) 13 Omit "Minister's determination", substitute "instrument". 14 54 Subsection 102(3) 15 Repeal the subsection. 16 55 Subsection 162(3) 17 Omit "by instrument in writing", substitute "by legislative instrument". 18 56 Subsection 162(4) 19 Repeal the subsection. 20 57 Subsection 162(5) 21 Omit "For the purposes of the application of section 48 of the Acts 22 Interpretation Act 1901, an instrument", substitute "An instrument 23 under subsection (3)". 24 58 Subsection 169(2) 25 Omit "disallowable instrument for the purposes of section 46A of the 26 Acts Interpretation Act 1901", substitute "legislative instrument". 27 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 29 [Page Break] 59 Subsection 198(1) 1 Omit "determination", substitute "instrument". 2 60 Subsection 198(2) 3 Omit "by determination", substitute "by legislative instrument". 4 61 Subsection 200(5) 5 After "Minister may", insert ", by legislative instrument,". 6 62 Subsection 202(7) 7 After "Minister may", insert ", by legislative instrument,". 8 63 Subsection 205(1) 9 After "Minister may", insert ", by legislative instrument,". 10 64 At the end of section 205 11 Add: 12 (4) A determination under paragraph (3)(b) is a legislative instrument. 13 65 Section 206 14 After "Minister may", insert ", by legislative instrument,". 15 66 Section 208 16 Repeal the section. 17 67 Subsection 210(3) 18 After "Minister may", insert ", by legislative instrument,". 19 68 Subsection 210(4) 20 After "Minister may", insert ", by legislative instrument,". 21 69 Subsection 213(3) 22 Omit "by determination", substitute "by legislative instrument". 23 70 Subsection 214(5) 24 After "Minister may", insert ", by legislative instrument,". 25 71 Section 219 26 30 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] Repeal the section. 1 72 Subsection 219E(2) 2 After "Secretary may", insert ", by legislative instrument,". 3 73 Subsection 219E(3) 4 Repeal the subsection. 5 74 Subsection 219F(3) 6 After "Secretary must", insert ", by legislative instrument,". 7 75 Subsection 219F(4) 8 Repeal the subsection. 9 Child Care Act 1972 10 76 Subsection 4C(1) 11 Omit "(1)". 12 77 Subsection 4C(1) 13 Omit "determination in writing", substitute "legislative instrument". 14 78 Subsection 4C(2) 15 Repeal the subsection. 16 79 Subsection 12P(1) 17 Omit "determination in writing", substitute "legislative instrument". 18 80 Subsection 12P(3) 19 Omit "a determination", substitute "an instrument". 20 81 Subsection 12P(4) 21 Repeal the subsection. 22 Data-matching Program (Assistance and Tax) Act 1990 23 82 Subsection 3A(1) 24 After "Secretary may", insert ", by legislative instrument,". 25 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 31 [Page Break] 83 Subsection 3A(3) 1 Omit "day it is notified in the Gazette", substitute "first moment of the 2 day next following the day when it is registered in the Federal Register 3 of Legislative Instruments under the Legislative Instruments Act 2003". 4 84 Subsection 3A(4) 5 Repeal the subsection. 6 85 Subsection 12(2) 7 Omit "by notice in writing", substitute "by legislative instrument". 8 86 Subsections 12(4) and (5) 9 Repeal the subsections, substitute: 10 (4) Guidelines issued under subsection (2) take effect from: 11 (a) the first day on which the guidelines are no longer liable to 12 be disallowed; or 13 (b) if the guidelines make provision for their commencement 14 after that day--in accordance with that provision. 15 Disability Services Act 1986 16 87 Subsection 5(1) 17 After "Minister must", insert ", by legislative instrument,". 18 88 Subsection 5A(1) 19 After "Minister may", insert ", by legislative instrument,". 20 89 Subsection 5A(2) 21 After "Minister must", insert ", by legislative instrument,". 22 90 Section 7 (paragraph (h) of the definition of research or 23 development activity) 24 After "the Minister", insert ", by legislative instrument,". 25 91 Sections 9, 9A and 14F 26 After "Minister may", insert ", by legislative instrument,". 27 92 Subsections 24(2) and (4) 28 32 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] After "determined", insert ", by legislative instrument,". 1 93 Section 31 2 Repeal the section. 3 Family Assistance Legislation Amendment (More Help for 4 Families--One-off Payments) Act 2004 5 94 Subitem 1(1) of Schedule 3 6 Omit "in writing" (wherever occurring), substitute "by legislative 7 instrument". 8 95 Subitem 1(5) of Schedule 3 9 Repeal the subitem. 10 Housing Assistance Act 1996 11 96 Subsection 5(1) 12 After "Minister may", insert ", by legislative instrument,". 13 97 Subsection 5(4) 14 Repeal the subsection, substitute: 15 (4) Section 42 of the Legislative Instruments Act 2003 applies to an 16 instrument determining, varying or revoking a form of agreement 17 under subsection (1). 18 Note: Section 42 of the Legislative Instruments Act 2003 deals with 19 disallowance of legislative instruments. 20 98 Subsection 6(1) 21 Omit "disallowable", substitute "legislative". 22 99 Subsections 6(2) and (5) 23 Omit "disallowable", substitute "legislative". 24 Social Security Act 1991 25 100 Paragraph 7(6AA)(f) 26 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 33 [Page Break] After "class of visas determined", insert ", by legislative instrument,". 1 101 Subparagraph 7(6B)(c)(iii) 2 Omit "subsection 25(1)", substitute "section 25". 3 102 Subsection 7(6E) 4 Omit "determination in writing", substitute "legislative instrument". 5 103 Paragraph 7(6E)(b) 6 Omit "may". 7 104 Subsection 7(6F) 8 Repeal the subsection. 9 105 Subsection 9(1E) 10 Omit "determine, in writing,", substitute ", by legislative instrument, 11 determine". 12 106 Subsection 9(1E) (second sentence) 13 Repeal the sentence. 14 107 Subsection 9A(6) 15 Omit "determine, in writing,", substitute ", by legislative instrument, 16 determine". 17 108 Subsection 9A(6) (second sentence) 18 Repeal the sentence. 19 109 Subsection 9B(5) 20 Omit "determine, in writing,", substitute ", by legislative instrument, 21 determine". 22 110 Subsection 9B(5) (second sentence) 23 Repeal the sentence. 24 111 Subsection 9BA(5) (definition of PF) 25 Omit "in writing", substitute ", by legislative instrument,". 26 112 Subsection 9BA(12) 27 34 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] Omit "in writing", substitute "by legislative instrument". 1 113 Subsection 9BA(12) (second sentence) 2 Repeal the sentence. 3 114 Subsection 9BA(13) 4 Repeal the subsection. 5 Note: The following heading to subsection 9BA(14) is inserted "Definitions". 6 115 Subsection 16A(2) 7 Omit "determine in writing", substitute ", by legislative instrument, 8 determine". 9 116 Subsection 16A(2) (second sentence) 10 Repeal the sentence. 11 117 Subsection 17(1) (paragraph (t) of the definition of former 12 payment type) 13 After "by the Minister", insert ", by legislative instrument,". 14 118 Subsection 17(9) 15 Repeal the subsection. 16 119 Subsection 23(1) (definition of disallowable instrument) 17 Repeal the definition. 18 120 Subsection 25(1) 19 Omit "(1)". 20 121 Subsection 25(1) 21 Omit "declare in writing", substitute ", by legislative instrument, 22 declare". 23 122 Subsection 25(2) 24 Repeal the subsection. 25 123 Subsection 38C(1) 26 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 35 [Page Break] Omit "determination in writing", substitute "legislative instrument (the 1 determination)". 2 124 Subsection 38C(4) 3 Repeal the subsection. 4 125 Subsection 38D(1) 5 Omit "determination in writing", substitute "legislative instrument (the 6 determination)". 7 126 Subsection 38D(5) 8 Repeal the subsection. 9 127 Subsection 500Q(6) 10 Repeal the subsection. 11 128 Subsection 541B(3B) 12 Omit "determination in writing", substitute "legislative instrument". 13 129 Subsection 541B(3C) 14 Repeal the subsection. 15 130 Subsection 542H(1B) 16 Omit "determination in writing", substitute "legislative instrument". 17 131 Subsection 542H(1C) 18 Repeal the subsection. 19 132 Subsection 546(2) 20 Repeal the subsection, substitute: 21 (2) The Minister, by legislative instrument: 22 (a) must determine guidelines for making decisions under 23 paragraph (1)(b); and 24 (b) may revoke or vary the determination. 25 If the Minister revokes a determination, the Minister must 26 determine guidelines that take effect immediately after the 27 revocation. 28 36 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 133 Subsection 600(2) 1 Repeal the subsection, substitute: 2 (2) The Minister, by legislative instrument: 3 (a) must determine guidelines for making decisions under 4 paragraph (1)(b); and 5 (b) may revoke or vary the determination. 6 If the Minister revokes a determination, the Minister must 7 determine guidelines that take effect immediately after the 8 revocation. 9 134 Subsection 660YCJ(3) 10 Repeal the subsection (not including the notes). 11 135 Paragraph 739A(1)(e) 12 After "determined by the Minister", insert ", by legislative instrument,". 13 136 Paragraph 739A(3)(b) 14 After "determined by the Minister", insert ", by legislative instrument,". 15 137 Paragraph 739A(4)(b) 16 After "determined by the Minister", insert ", by legislative instrument,". 17 138 Subsection 739A(6) 18 After "determined by the Minister", insert ", by legislative instrument,". 19 139 Subsection 739A(8) 20 Repeal the subsection. 21 140 Section 739B 22 Omit "subsection 739C(1)", substitute "section 739C". 23 141 Subsection 739C(1) 24 Omit "(1) The Minister, by determination in writing", substitute "The 25 Minister, by legislative instrument". 26 142 Subsection 739C(2) 27 Repeal the subsection. 28 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 37 [Page Break] 143 Paragraph 954A(2)(e) 1 Omit "in a written instrument made", substitute ", by legislative 2 instrument,". 3 144 Subsection 954A(3) 4 Repeal the subsection. 5 145 Subsection 1061A(2) 6 Omit "determine in writing", substitute ", by legislative instrument, 7 determine". 8 146 Subsection 1061A(2) (second sentence) 9 Repeal the sentence. 10 147 Subsection 1061EO(1) 11 Omit "(1) A person", substitute "A person". 12 148 Paragraph 1061EO(1)(d) 13 Omit "in writing", substitute "by legislative instrument". 14 149 Subsection 1061EO(2) 15 Repeal the subsection. 16 150 Subsection 1061ZAAK(8) 17 Omit "make written determinations", substitute ", by legislative 18 instrument, make determinations". 19 151 Subsection 1061ZAAK(9) 20 Repeal the subsection. 21 152 Subsection 1061ZN(2) 22 After "The Minister may", insert ", by legislative instrument,". 23 153 Subsection 1061ZN(4) 24 Repeal the subsection. 25 154 Subsection 1061ZO(7) 26 After "The Minister may", insert ", by legislative instrument,". 27 38 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 155 Subsection 1061ZO(9) 1 Repeal the subsection. 2 156 Subsection 1061ZZGH(1) 3 Omit "make a written determination", substitute ", by legislative 4 instrument, make a determination". 5 157 Subsection 1061ZZGH(1) (note 1) 6 Omit "Acts Interpretation Act 1901", substitute "Legislative 7 Instruments Act 2003". 8 158 Subsection 1061ZZGH(1) (note 2) 9 Omit "written determination", substitute "legislative instrument". 10 159 Subsection 1061ZZGH(4) 11 Repeal the subsection. 12 160 Point 1068-B1AA 13 Repeal the point. 14 161 Subsections 1068A(4) and (5) 15 Repeal the subsections. 16 162 Subsection 1082(1) 17 After "is the rate determined", insert ", by legislative instrument,". 18 163 Subsection 1082(2) 19 After "is the rate determined", insert ", by legislative instrument,". 20 164 Subsection 1082(4) 21 Repeal the subsection. 22 165 Subsection 1118(1A) (paragraph (c) of the definition of 23 partially asset-test exempt income stream) 24 Omit "in writing", substitute ", by legislative instrument,". 25 166 Subsection 1118(5) 26 Repeal the subsection. 27 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 39 [Page Break] 167 Subsection 1120(3) (definition of pension valuation 1 factor) 2 After "with the determination made", insert ", by legislative 3 instrument,". 4 168 Subsection 1120(4) 5 Repeal the subsection. 6 169 Subsection 1135(4) 7 Omit "determination in writing", substitute "legislative instrument". 8 170 Subsection 1135(5) 9 Repeal the subsection. 10 171 Subsection 1157M(1) 11 After "The Minister may", insert ", by legislative instrument,". 12 172 Subsections 1157M(2) and (3) 13 Repeal the subsections, substitute: 14 (2) The determination: 15 (a) takes effect from the first moment of the day next following 16 the day when it is registered in the Federal Register of 17 Legislative Instruments under the Legislative Instruments Act 18 2003; and 19 (b) ceases to have effect 6 months after the day it starts to have 20 effect, if it has not already been revoked. 21 173 Subsection 1157Q(4A) 22 Omit "written determination made", substitute "determination made, by 23 legislative instrument,". 24 174 Subsection 1157Q(4B) 25 Repeal the subsection. 26 175 Subsection 1157R(1) 27 After "The Minister may", insert ", by legislative instrument,". 28 176 Subsections 1157R(2) and (3) 29 40 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] Repeal the subsections, substitute: 1 (2) The determination: 2 (a) takes effect from the first moment of the day next following 3 the day when it is registered in the Federal Register of 4 Legislative Instruments under the Legislative Instruments Act 5 2003; and 6 (b) ceases to have effect 6 months after the day it starts to have 7 effect, if it has not already been revoked. 8 177 Subsection 1157U(1) 9 After "The Minister may", insert ", by legislative instrument,". 10 178 Subsections 1157U(2) and (3) 11 Repeal the subsections, substitute: 12 (2) A determination under subsection (1): 13 (a) takes effect from the first moment of the day next following 14 the day when it is registered in the Federal Register of 15 Legislative Instruments under the Legislative Instruments Act 16 2003; and 17 (b) ceases to have effect 6 months after the day it starts to have 18 effect, if it has not already been revoked. 19 179 Subsection 1185N(2) 20 Omit "written determination", substitute "legislative instrument". 21 180 Subsection 1185N(3) 22 Repeal the subsection. 23 181 Subsection 1207C(2) 24 Omit "writing", substitute "legislative instrument". 25 182 Subsection 1207C(4) 26 Repeal the subsection. 27 183 Subsection 1207N(2) 28 Omit "writing", substitute "legislative instrument". 29 184 Subsection 1207N(4) 30 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 41 [Page Break] Repeal the subsection. 1 185 Subsection 1207N(5) 2 Omit "writing", substitute "legislative instrument". 3 186 Subsection 1207N(7) 4 Repeal the subsection. 5 187 Subsection 1207P(4) 6 Omit "writing", substitute "legislative instrument". 7 188 Subsection 1207P(6) 8 Repeal the subsection. 9 189 Subsections 1208B(3), (4) and (5) 10 Omit "writing", substitute "legislative instrument". 11 190 Subsection 1208B(7) 12 Repeal the subsection. 13 191 Subsections 1209C(3), (4) and (5) 14 Omit "writing", substitute "legislative instrument". 15 192 Subsection 1209C(7) 16 Repeal the subsection. 17 193 Subsection 1209E(1) 18 Omit "(1) The Secretary may, by writing", substitute "The Secretary 19 may, by legislative instrument". 20 194 Subsection 1209E(2) 21 Repeal the subsection. 22 195 Subsection 1229B(2) 23 Omit "notice in writing", substitute "legislative instrument". 24 196 Subsection 1229B(3) 25 Repeal the subsection. 26 42 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 197 Subsection 1229C(1) 1 Omit "(1)". 2 198 Subsection 1229C(1) 3 Omit "writing", substitute "legislative instrument". 4 199 Subsection 1229C(2) 5 Repeal the subsection. 6 200 Subsection 1237AAB(6) (definition of interest) 7 Omit "in a written notice", substitute "by legislative instrument". 8 201 Subsection 1237AAB(7) 9 Repeal the subsection (not including the note). 10 202 Subsection 1237AB(1) 11 Omit "by the Minister by notice published in the Gazette", substitute ", 12 by legislative instrument, by the Minister". 13 203 Subsection 1237AB(3) 14 Repeal the subsection, substitute: 15 (3) A legislative instrument under subsection (1) does not take effect 16 before the end of the period for disallowing the instrument. 17 Social Security (Administration) Act 1999 18 204 Subsection 37(11) 19 After "The Minister may", insert ", by legislative instrument,". 20 205 Subsection 37(12) 21 Repeal the subsection. 22 206 Section 125 23 Omit "regulations or a disallowable instrument", substitute "an 24 instrument that is a legislative instrument". 25 207 Subsection 132(1) 26 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 43 [Page Break] Omit "(1) The Minister, by determination in writing", substitute "The 1 Minister, by legislative instrument". 2 208 Subsection 132(2) 3 Repeal the subsection. 4 209 Subsection 146(1) 5 Omit "(1) The Minister, by determination in writing", substitute "The 6 Minister, by legislative instrument". 7 210 Subsection 146(2) 8 Repeal the subsection. 9 211 Subsection 202(3) 10 Omit "instrument in writing", substitute "legislative instrument". 11 212 Subsection 202(4) 12 Repeal the subsection. 13 213 Subsection 202(5) 14 Omit "the application of section 48 of the Acts Interpretation Act 1901", 15 substitute "subsection 12(1) of the Legislative Instruments Act 2003". 16 214 Subsection 209(1) 17 Omit "(1) The Minister, by determination in writing", substitute "The 18 Minister, by legislative instrument". 19 215 Subsection 209(2) 20 Repeal the subsection. 21 216 After subsection 240B(4) 22 Insert: 23 (4A) The Minister may, by legislative instrument, determine a class of 24 visas for the purposes of paragraph (4)(a). 25 217 Subsection 240B(5) 26 After "The Minister may", insert ", by legislative instrument,". 27 44 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 [Page Break] 218 Subsection 240B(7) 1 Repeal the subsection. 2 219 Subsection 243(5) 3 Omit "a disallowable instrument", substitute "an instrument that is a 4 legislative instrument". 5 220 Subclause 22(2) of Schedule 3 6 After "The Minister may", insert ", by legislative instrument,". 7 221 Subclause 22(3) of Schedule 3 8 Repeal the subclause. 9 222 Subclause 2(2) of Schedule 5 10 After "The Secretary may", insert ", by legislative instrument,". 11 223 Subclause 2(4) of Schedule 5 12 Omit "day on which it is notified in the Gazette", substitute "first 13 moment of the day next following the day when it is registered in the 14 Federal Register of Legislative Instruments under the Legislative 15 Instruments Act 2003". 16 224 Subclause 2(5) of Schedule 5 17 Repeal the subclause. 18 Social Security (International Agreements) Act 1999 19 225 Subsection 14A(1) 20 Omit "(1) For", substitute "For". 21 226 Subsections 14A(2) and (3) 22 Repeal the subsections. 23 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Bill 2006 No. , 2006 45