Social Security and Veterans' Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000 (94 of 2000)

Schedule 8   Amendment of the A New Tax System (Family Assistance) Act 1999

9   After section 63

Insert:

63A Secretary may extend 26 week period of absence from Australia

(1) The Secretary may extend the 26 week period (the initial period ) referred to in subsection 62(2) or 63(2) if the Secretary is satisfied that the individual mentioned in subsection 62(2) or the FTB child mentioned in subsection 63(2) (in each case, the person ) is unable to return to Australia within that period because of any of the following events:

(a) a serious accident involving the person or a family member of the person;

(b) a serious illness of the person or a family member of the person;

(c) the hospitalisation of the person or a family member of the person;

(d) the death of a family member of the person;

(e) the person's involvement in custody proceedings in the country in which the person is located;

(f) a legal requirement for the person to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the person);

(g) robbery or serious crime committed against the person or a family member of the person;

(h) a natural disaster in the country in which the person is located;

(i) political or social unrest in the country in which the person is located;

(j) industrial action in the country in which the person is located;

(k) a war in the country in which the person is located.

(2) The Secretary must not extend the initial period under subsection (1) unless:

(a) the event occurred or began during the initial period; and

(b) if the event is political or social unrest, industrial action or war - the person is not willingly involved in, or willingly participating in the event.