PAID PARENTAL LEAVE ACT 2010 - SECT 6 The Dictionary
PAID PARENTAL LEAVE ACT 2010 - SECT 6
The DictionaryIn this Act:
"AAT" means the Administrative Appeals Tribunal.
"AAT Act" means the Administrative Appeals Tribunal Act 1975 .
(a) in relation to an AAT reviewable claimant decision: see subsection 216(1); and
(b) in relation to an AAT reviewable employer decision: see subsection 224(1).
"AAT reviewable claimant decision" : see subsection 215(3).
"AAT reviewable employer decision" : see subsection 223(2).
"AAT second review" : see subsection 237(1).
"ABN" (short for Australian Business Number) has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 .
"acceptance notice" : see section 103.
"ADI" (short for authorised deposit - taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959 .
"adjusted taxable income" : see section 38.
"Australia" , when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Note: In Division 7A of Part 4 - 3 (about departure prohibition orders), Australia has an extended meaning.
"Australian-based employee" means an employee:
(a) whose primary place of work is in Australia; or
(b) who is employed by an Australian government employer.
"Australian government employer" means:
(d) a body corporate established for a public purpose by or under a law of the Commonwealth, a State or a Territory; or
(i) incorporated under a law of the Commonwealth, a State or a Territory; and
(ii) in which the Commonwealth, a State or a Territory, has a controlling interest.
"Australian residency test" : see sections 45 and 46.
"Australian resident" has the same meaning as in the Social Security Act.
"Australian travel document" has the same meaning as in the Australian Passports Act 2005 .
"authorised party" , in relation to the adoption of a child, means a person or agency that, under the law of the State, Territory or foreign country whose courts have jurisdiction in relation to the adoption, is authorised to conduct negotiations or arrangements for the adoption of children.
"authorised review officer" means an officer authorised under section 271 to be an authorised review officer for the purposes of this Act.
"bank account" includes an account held with an ADI.
"bank account information" : see subsection 104(2).
"birth verification form" : see subsection 18(4).
"born prematurely" : a child is born prematurely if, at the time of the child's delivery, the child's period of gestation is less than 37 weeks.
"business" includes any profession, trade, employment, vocation or calling, but does not include occupation as an employee.
"caring" : see section 47.
"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .
"Chief Executive Medicare" has the same meaning as in the Human Services (Medicare) Act 1973 .
"civil penalty provision" has the same meaning as in the Regulatory Powers Act.
"claim" means a PPL claim or special PPL claim for parental leave pay for a child.
"claimant" means a person who is a PPL claimant or special PPL claimant.
"claimant decision" : see section 206.
"claimant's work cessation day" : see paragraph 33(2A)(c).
"Commonwealth agency" means any of the following:
(a) a non - corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 ;
(b) any other unincorporated body established for a public purpose by or under a law of the Commonwealth.
"compliance notice" : see subsection 157(3).
"conditional eligibility determination" means a determination of a kind mentioned in paragraph 13(6)(b) or 14(4)(b).
"continuous flexible period" : see section 71A.
"controls" an entity: see subsection 35(4).
"correspondence nominee" means a person who is appointed as a correspondence nominee under section 281.
"COVID-19 affected claimant" : a person is a COVID-19 affected claimant in relation to a claim for parental leave pay for a child if:
(i) the child is or was born between 22 March 2020 and 31 March 2021; or
(ii) if the claim is made before the child's birth--the child's expected date of birth is during that period; and
(b) the person must satisfy the work test to be eligible for parental leave pay; and
(c) the Secretary is satisfied that any of the following circumstances apply in relation to the person:
(i) the person became unemployed as a result of the adverse effects of the coronavirus known as COVID - 19;
(ii) the person's working hours were reduced (including to zero) as a result of the adverse effects of the coronavirus known as COVID - 19;
(iii) a business that the person, or an entity that is controlled by the person, carries on for profit and for which the person performs work was suspended, or suffered a reduction in turnover, as a result of the adverse effects of the coronavirus known as COVID - 19; and
(d) as a result of that circumstance applying in relation to the person, the person would not satisfy the work test if the person's work test period were the period under section 33.
"COVID-19 Australian Government payment" : see subsection 34(6).
"COVID-19 Australian Government payment period" : see subsection 34(5).
"daily national minimum wage amount" : see subsection 65(2).
"debt payment arrangement" : see section 190.
"decision" has the same meaning as in the AAT Act.
"defence force member" means a member of the Australian Defence Force.
"departure authorisation certificate" means a certificate under Subdivision D of Division 7A of Part 4 - 3.
"departure prohibition order" means an order under Subdivision A of Division 7A of Part 4 - 3 (including such an order varied under Subdivision C of that Division).
"effective claim" means a claim that is made in accordance with Part 2 - 4.
"eligible" for parental leave pay: see section 31AA.
"employee" has its ordinary meaning and:
(a) includes a reference to a person who is usually such an employee; and
(b) does not include a person on a vocational placement.
"employer" has its ordinary meaning and includes a reference to a person who is usually such an employer.
"employer determination" : see section 101.
"employer determination decision" : see section 207.
"employer funding amount decision" : see section 208.
"employer notice" means the later of any one or more of the following notices given to an employer:
(a) a notice under section 102;
(b) a notice under section 113;
(c) a notice under section 114.
"entity" means any of the following:
(d) a partnership;
(e) any other unincorporated association or body of persons;
"exceptional circumstances" : a claim is made in exceptional circumstances if it is made by a person who satisfies:
(a) paragraph 54(1)(g) (which deals with PPL claims); or
(b) paragraph 54(2)(b) (which deals with special PPL claims).
"Fair Work Act" means the Fair Work Act 2009 .
"Family Assistance Act" means the A New Tax System (Family Assistance) Act 1999 .
"family assistance law" has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999 .
"family PPL income limit" : see subsection 41(2).
"farm household allowance" has the same meaning as in the Farm Household Support Act 2014 .
"Federal Court" means the Federal Court of Australia.
"financial institution" means:
(b) the Reserve Bank of Australia; or
(c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.
"flexible PPL day" : see subsection 11D(1) .
"Foreign Affairs Minister" means the Minister administering the Australian Passports Act 2005 .
"garnishee" , in relation to a garnishee notice: see section 184.
"garnishee notice" : see section 184.
"has not previously satisfied the work and income tests" : a person has not previously satisfied the work and income tests in relation to a child if both of the following apply:
(a) no payability determination is in force that parental leave pay is payable to the person in relation to the child;
(b) no conditional eligibility determination is in force that relates to the person and child.
"holder" , of a visa, has the same meaning as in the Migration Act 1958 .
"Home Affairs Minister" means the Minister administering the Australian Security Intelligence Organisation Act 1979 .
"Human Services Department" means Services Australia.
"Human Services Secretary" means the Chief Executive Officer of Services Australia.
"income support payment" has the same meaning as in section 23 of the Social Security Act.
"income test" : see section 37.
"income year" has the same meaning as in the Income Tax Assessment Act 1997 .
"indexation day" : see subsection 42(1).
"indexation factor" : see subsection 43(1).
"indexed amount" : see subsection 42(3).
"individual PPL income limit" : see subsection 41(1).
"initial eligibility determination" : see section 26A.
"insolvent" : a person is insolvent if:
(a) for a natural person--the person is an insolvent under administration; and
(b) for a person that is or was a body corporate:
(i) the person is a Chapter 5 body corporate (within the meaning of the Corporations Act 2001 ) or an entity with a similar status under a law of a foreign country; or
(ii) a provisional liquidator has been appointed in relation to the person under section 472 of the Corporations Act 2001 ; or
(iii) a person with a similar status to a provisional liquidator has been appointed in relation to the person under a law of a foreign country.
"instalment" means an instalment of parental leave pay.
"instalment period" for a person: see section 64.
"interest charge rate" : see section 177.
"jobkeeper payment" : see subsection 34(4).
"jobkeeper payment" period : see subsection 34(3).
"law enforcement officer" means:
(a) a member of a police force or police service of the Commonwealth, a State or a Territory; or
(b) a person appointed to a position for the purposes of being trained as a member of a police force or police service of the Commonwealth, a State or a Territory; or
(c) a person who has the powers and duties of a member of a police force or police service of the Commonwealth, a State or a Territory;
and, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer.
"minimum amount" for a PPL funding amount: see subsection 76(2).
"national minimum wage order" has the same meaning as in the Fair Work Act.
"nominee" means a correspondence nominee or a payment nominee.
"officer" means a person performing duties, or exercising powers or functions, under or in relation to this Act.
"original debt" : see section 184.
"original debtor" : see section 184.
"paid enough" to fund an instalment: see section 73.
"paid work" : see section 35.
(a) when used in relation to a child who has been adopted--means an adoptive parent of the child; and
(b) when used in relation to a child born because of the carrying out of an artificial conception procedure--means a person who is a parent of the child under section 60H of the Family Law Act 1975 ; and
(c) when used in relation to a child born because of a surrogacy arrangement--includes a person who is a parent of the child under section 60HB of the Family Law Act 1975 .
"parental leave pay" means payments of parental leave pay under this Act.
"partner" has the same meaning as in the Social Security Act.
"payability determination" means a determination made under section 13 or 14 that parental leave pay is, or is not, payable to a person for a child.
"pay cycle information" : see subsection 104(3).
"payday" for an instalment: see section 64.
"payment nominee" means a person who is appointed as a payment nominee under section 280.
"payroll cut-off" for an instalment that is payable to a person means the last day on which the person's employer can reasonably make changes to the instalment to be paid to, or in relation to, the person on the person's payday for the instalment.
"permanent visa" has the same meaning as in the Migration Act 1958 .
"permissible break" : see subsection 36(1).
"PPL" is short for paid parental leave.
(b) the Human Services Department.
"PPL agency representative" means:
(a) for the Department--the Secretary; or
(b) for the Human Services Department--the Chief Executive Centrelink or the Chief Executive Medicare.
"PPL claim" : see subsection 53(2).
"PPL claimant" means a person who has made an effective PPL claim for parental leave pay for a child.
"PPL funding amount" : see subsection 75(1).
"PPL requirement" : see subsection 287(6).
"PPL rules" (short for Paid Parental Leave Rules) means the rules made by the Minister under section 298.
"principal" in relation to a nominee, means the person in relation to whom the nominee was appointed.
"protected information" means:
(aa) information about a person that is or was held in the records of the Department; or
(ab) information about a person that is or was held in the records of the Human Services Department within the meaning of this Act as in force at any time; or
(a) information about a person that was held in the records of the Commonwealth Services Delivery Agency (within the meaning of the Commonwealth Services Delivery Agency Act 1997 as in force before 1 July 2011); or
(b) information about a person obtained by an officer under this Act that was held in the records of Medicare Australia (within the meaning of the Medicare Australia Act 1973 as in force before 1 July 2011); or
(c) information to the effect that there is no information about a person held in the records of a PPL agency.
"provisional indexed amount" : see section 42.
"qualifying period" : see section 32.
"qualifying work" : see section 34.
"reference income year" : see section 39.
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
"relevant family PPL income limit" : see subsection 40(2).
"relevant individual PPL income limit" : see subsection 40(1).
"resides in Australia" has the same meaning as in the Social Security Act.
"saved amount" : see subsection 97(2).
"Secretary" means the Secretary of the Department.
"security notice" means a notice under section 278C.
"Social Security Act" means the Social Security Act 1991 .
"social security benefit" has the same meaning as in the Social Security Act.
"social security law" has the same meaning as in the Social Security Act.
"social security pension" has the same meaning as in the Social Security Act.
"special category visa" has the same meaning as in the Migration Act 1958 .
"special PPL claim" : see subsection 53(3).
"special PPL claimant" means a person who has made an effective special PPL claim for parental leave pay for a child for which another person has made a PPL claim.
"stillborn" , in relation to a child, means a child:
(a) who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and
(b) who has not breathed since delivery; and
(c) whose heart has not beaten since delivery.
"subject to review" : an employer determination is subject to review until:
(a) any applicable time limits for applying for a review (however described) or lodging an appeal (however described) of or in relation to the determination have expired; and
(b) if there is such a review or appeal of or in relation to the determination--the review or appeal (and any later reviews or appeals) have been finally disposed of.
"tax file number" has the same meaning as in section 202A of the Income Tax Assessment Act 1936 .
"tax file number statement" : see subsection 59(1).
"this Act" includes the PPL rules and the regulations.
"transfer day" : see subsections 84(3), (4) and (5).
"verifies" a child's birth: see section 18.
"veteran payment" means a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986 .
"vocational placement" means a placement that is:
(a) undertaken with an employer for which a person is not entitled to be paid any remuneration; and
(b) undertaken as a requirement of an education or training course; and
(c) authorised under a law or an administrative arrangement of the Commonwealth, a State or a Territory.
"week day" means a day that is not a Saturday or a Sunday.
"working day" means a day that is not a Saturday, a Sunday or a public holiday.