Social Services Legislation Amendment (Family Measures) Act 2016 (17 of 2016)

Schedule 1   Portability of family tax benefit

A New Tax System (Family Assistance) (Administration) Act 1999

31   Application and saving provisions

(1) Subject to this item, the amendments made by this Schedule apply in relation to absences from Australia starting on or after the commencement of this item.

Absence of FTB child or regular care child

(2) If:

(a) in relation to a child, the 56-week period mentioned in subsection 24(1) of the A New Tax System (Family Assistance) Act 1999 (as in force immediately before the commencement of this item)began before that commencement; and

(b) the child leaves Australia on or after that commencement; and

(c) if section 24 of that Act, as in force immediately before that commencement, were still in force at the time of that leaving - subsection 24(2) or (3) of that Act would have applied in relation to the child;

then the amendments made by this Schedule do not apply in relation to the child's absence from Australia referred to in paragraph (b).

Absence of individual

(3) If:

(a) in relation to an individual, the 56-week period mentioned in subsection 24(4) of the A New Tax System (Family Assistance) Act 1999 (as in force immediately before the commencement of this item)began before that commencement; and

(b) the individual leaves Australia on or after that commencement; and

(c) if section 24 of that Act, as in force immediately before that commencement, were still in force at the time of that leaving - subsection 24(5) or (6) of that Act would have applied in relation to the individual;

then the amendments made by this Schedule do not apply in relation to the individual's absence from Australia referred to in paragraph (b).