24   Paragraph 25-4A(1)(b)

Omit ", approved by the Secretary,".

25   Subsection 25-4A(2)

Repeal the subsection.

26   Subsection 25-4A(3)

Repeal the subsection, substitute:

(3) If the agreement requires the approved provider to appoint an adviser, the approved provider must appoint the adviser within the period specified in the agreement.

27   At the end of section 25-4A

Add:

(4) The Classification Principles may exclude a class of persons from being appointed as an adviser.

(5) The Classification Principles may specify matters that the Secretary must take into account in specifying, in the agreement, the period within which an approved provider that is required to appoint an adviser must appoint an adviser.

28   Paragraph 25-4B(1)(a)

Omit "subsection 25-4A(2) or (3)", substitute "subsection 25-4A(3)".

29   Subparagraphs 66-2(1)(a)(iii) and (iv)

Omit "approved by the Commonwealth".

30   Subsections 66-2(2) and (3)

After "Commonwealth", insert ", or a Commonwealth officer or employee,".

31   Division 66A (heading)

Repeal the heading, substitute:

Division 66A - Appointing administrators and advisers

32   Sections 66A-1, 66A-2 and 66A-3

Repeal the sections, substitute:

66A-2 Appointment of advisers

(1) The Sanctions Principles may exclude a class of persons from being appointed as an adviser.

(2) A person is not eligible to be appointed as an adviser in accordance with this section if the person is within a class of persons that the Sanctions Principles exclude from being appointed as an adviser.

(3) If an approved provider has agreed to the appointment of an adviser in accordance with this section, the approved provider must appoint the adviser within the period specified in the agreement.

(4) The Sanctions Principles may specify matters that the Secretary must take into account in specifying a period mentioned in subsection (3).

66A-3 Appointment of administrators

(1) The Sanctions Principles may exclude a class of persons from being appointed as an administrator.

(2) A person is not eligible to be appointed as an administrator in accordance with this section if the person is within a class of persons that the Sanctions Principles exclude from being appointed as an administrator.

(3) If an approved provider has agreed to the appointment of an administrator in accordance with this section, the approved provider must appoint the administrator within the period specified in the agreement.

(4) The Sanctions Principles may specify matters that the Secretary must take into account in specifying a period mentioned in subsection (3).

33   Application of amendments

(1) The amendments of sections 25-4A and 25-4B of the Aged Care Act 1997 made by this Part apply in relation to agreements entered into on or after the commencement of this item.

(2) The amendments of section 66-2 of the Aged Care Act 1997 made by this Part apply in relation to sanctions imposed on or after the commencement of this item.

Part 3   Approved provider obligations

Aged Care Act 1997

34   Subsection 9-1(1)

Repeal the subsection, substitute:

(1) An approved provider must notify the Secretary of a change of circumstances that materially affects the approved provider's suitability to be a provider of *aged care (see section 8-3). The notification must occur within 28 days after the change occurs.

Note: Approved providers have a responsibility under Part 4.3 to comply with this obligation. Failure to comply with a responsibility can result in a sanction being imposed under Part 4.4.

35   Subsection 9-1(3)

Repeal the subsection.

36   Paragraph 9-1(3A)(a)

Omit "there is a change of any of an", substitute "a change of circumstances that materially affects the approved provider's suitability to be a provider of *aged care involves a change in any of the".

37   Subsections 9-1(6), (7) and (8)

Repeal the subsections.

38   Application of amendments

The amendments of section 9-1 of the Aged Care Act 1997 made by this Part do not apply in relation to a change of circumstances, or a change of key personnel, that occurred before the commencement of this item.

Schedule 10  Newly arrived resident's waiting period

Part 1   Social security amendments

Social Security Act 1991

1   Subsection 7(1) (definition of designated temporary entry permit)

Repeal the definition.

2   Subsection 7(1) (definitions of permanent visa, special category visa, temporary visa

Repeal the definitions, substitute:

permanent visa , special category visa and visa have the same meaning as in the Migration Act 1958.

3   Subsection 7(6)

Repeal the subsection, substitute:

(6) A person has a qualifying residence exemption for a social security pension (other than carer payment) or a social security benefit (other than youth allowance, austudy payment, newstart allowance, sickness allowance, special benefit or partner allowance) if, and only if, the person:

(a) resides in Australia; and

(b) is either:

(i) a refugee; or

(ii) a former refugee.

4   Paragraph 7(6AA)(b)

Before "was", insert "except in relation to pension PP (single), benefit PP (partnered), youth allowance, austudy payment, newstart allowance, sickness allowance, partner allowance, carer payment, mobility allowance, a seniors health card or a health care card - ".

5   Paragraph 7(6AA)(f)

Before "holds", insert "in any case - ".

6   Subsection 23(1) (definition of designated temporary entry permit)

Repeal the definition.

7   Subsection 23(1) (paragraph (b) of the definition of newly arrived resident's waiting period)

Repeal the paragraph.

8   Subsection 23(1) (definition of temporary visa)

Repeal the definition.

9   Subsection 23(1) (paragraph (ab) of the definition of waiting period)

Repeal the paragraph.

10   Paragraph 201AA(1)(a)

Repeal the paragraph, substitute:

(a) has entered Australia; and

11   At the end of subsection 201AA(2)

Add:

Note: For qualifying residence exemption in relation to carer payment, see paragraph 7(6AA)(f).

12   Subsection 201AA(5)

Repeal the subsection, substitute:

(5) Subsection (1) does not apply to a person if, at the time the person made the claim for a carer payment, the person holds a visa that is in a class of visas determined in an instrument under subsection (5B).

(5A) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a carer payment; or

(b) the following apply:

(i) before the person made the claim for a carer payment, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a carer payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for a carer payment.

(5B) The Minister may, by legislative instrument, determine a class of visas for the purposes of subsection (5). The class must not be a class covered by paragraph 7(6AA)(f).

13   Subsection 201AA(6)

Insert:

family member has the meaning given by subsection 7(6D).

former refugee has the meaning given by subsection 7(1).

refugee has the meaning given by subsection 7(6B).

14   Subparagraphs 408BA(2)(d)(i) and (ia)

Repeal the subparagraphs.

15   Subparagraph 408BA(2)(d)(ib)

Omit "if the woman entered Australia on or after the commencement day - ".

16   Subsection 408BA(6)

Repeal the subsection.

17   After subparagraph 500(1)(d)(iii)

Insert:

; (iv) the person satisfies subsection (3).

18   Subsection 500(1) (note 1)

Repeal the note, substitute:

Note 1: For Australian resident ,see section 7. For qualifying residence exemption in relation to parenting payment, see subsection 7(6) and paragraph 7(6AA)(f).

19   At the end of section 500

Add:

(3) A person satisfies this subsection if the following apply:

(a) before the person made the claim for parenting payment, the person was a family member of another person at the time the other person became a refugee;

(b) the person is a family member of that other person at the time the person made the claim for parenting payment or, if that other person has died, the person was a family member of that other person immediately before that other person died.

(4) For the purposes of subsection (3):

(a) family member has the meaning given by subsection 7(6D); and

(b) refugee has the meaning given by subsection 7(6B).

20   Paragraph 549D(1)(a)

Omit "on or after 4 March 1997".

21   Subsection 549D(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to youth allowance, see paragraph 7(6AA)(f).

22   Subsections 549D(3) to (5)

Repeal the subsections.

23   At the end of section 549D

Add:

Exception - other

(7) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a youth allowance; or

(b) the following apply:

(i) before the person made the claim for a youth allowance, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a youth allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for a youth allowance.

(8) For the purposes of subsection (7):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

(c) refugee has the meaning given by subsection 7(6B).

24   Paragraph 549E(a)

Omit "on which the person first entered Australia on or after 4 March 1997", substitute "the person first became an Australian resident".

25   Paragraph 575D(1)(a)

Omit "on or after 4 March 1997".

26   Subsection 575D(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to austudy payment, see paragraph 7(6AA)(f).

27   Subsections 575D(3) and (4)

Repeal the subsections, substitute:

Exception - other

(3) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for an austudy payment; or

(b) the following apply:

(i) before the person made the claim for an austudy payment, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for an austudy payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for an austudy payment.

(4) For the purposes of subsection (3):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

(c) refugee has the meaning given by subsection 7(6B).

28   Paragraph 575E(a)

Omit "on which the person first entered Australia", substitute "the person first became an Australian resident".

29   Paragraph 623A(1)(a)

Omit "on or after 1 January 1993".

30   Subsection 623A(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to newstart allowance, see paragraph 7(6AA)(f).

31   Subsections 623A(3) to (6)

Repeal the subsections.

32   At the end of section 623A

Add:

(8) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a newstart allowance; or

(b) the following apply:

(i) before the person made the claim for a newstart allowance, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a newstart allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for a newstart allowance.

(9) For the purposes of subsection (8):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

(c) refugee has the meaning given by subsection 7(6B).

33   Subsection 623B(2)

Repeal the subsection.

34   Subsection 623B(3)

Omit "If subsection (2) does not apply, the", substitute "The".

35   Subsection 623B(3) (note)

Repeal the note.

36   Paragraph 696B(1)(a)

Omit "on or after 1 January 1993".

37   Subsection 696B(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to sickness allowance, see paragraph 7(6AA)(f).

38   Subsections 696B(3) to (6)

Repeal the subsections, substitute:

(3) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for sickness allowance; or

(b) the following apply:

(i) before the person made the claim for sickness allowance, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for sickness allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for sickness allowance.

(4) For the purposes of subsection (3):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

(c) refugee has the meaning given by subsection 7(6B).

39   Subsection 696C(2)

Repeal the subsection.

40   Subsection 696C(3)

Omit "If subsection (2) does not apply, the", substitute "The".

41   Subsection 696C(3) (note)

Repeal the note.

42   At the end of subsection 739A(7) (before the note)

Add "after the person first entered Australia".

43   Subsection 739A(8)

Repeal the subsection, substitute:

(8) Neither subsection (1) nor (2) applies to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a special benefit; or

(b) the following apply:

(i) before the person made the claim for a special benefit, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a special benefit or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for a special benefit.

(9) For the purposes of subsection (8):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

(c) refugee has the meaning given by subsection 7(6B).

44   Paragraph 771HNA(1)(a)

Omit "on or after 1 January 1993".

45   Subsection 771HNA(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to partner allowance, see paragraph 7(6AA)(f).

46   Subsections 771HNA(4) and (5)

Repeal the subsections, substitute:

(3) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a partner allowance; or

(b) the following apply:

(i) before the person made the claim for a partner allowance, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a partner allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for a partner allowance.

(4) For the purposes of subsection (3):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

(c) refugee has the meaning given by subsection 7(6B).

47   Subsection 771HNB(3) (note)

Repeal the note.

48   Subsection 1039AA(1)

Omit "subsections (2), (3) and (4), a person who, on or after the commencement of this subsection", substitute "this section, a person who".

49   Subsection 1039AA(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to mobility allowance, see paragraph 7(6AA)(f).

50   Subsection 1039AA(3)

Repeal the subsection.

51   Subsection 1039AA(5)

Repeal the subsection, substitute:

(5) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a mobility allowance; or

(b) the following apply:

(i) before the person made the claim for a mobility allowance, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a mobility allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for a mobility allowance.

(6) For the purposes of subsection (5):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

(c) refugee has the meaning given by subsection 7(6B).

52   Paragraph 1061PU(1)(a)

Omit "on or after 4 March 1997".

53   Subsection 1061PU(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to austudy payment, see paragraph 7(6AA)(f).

54   Subsections 1061PU(3) and (4)

Repeal the subsections, substitute:

Exception - other

(3) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a pensioner education supplement; or

(b) the following apply:

(i) before the person made the claim for a pensioner education supplement, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a pensioner education supplement or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for a pensioner education supplement.

(4) For the purposes of subsection (3):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

(c) refugee has the meaning given by subsection 7(6B).

55   Paragraph 1061PV(a)

Omit "on which the person first entered Australia", substitute "the person first became an Australian resident".

56   Subsection 1061ZH(1)

Omit "subsections (2), (3) and (4)", substitute "this section".

57   Paragraph 1061ZH(1)(a)

Omit "on or after 1 February 2000".

58   At the end of subsection 1061ZH(2)

Add:

Note: For qualifying residence exemption in relation to a seniors health card, see paragraph 7(6AA)(f).

59   Subsections 1061ZH(3) to (5)

Repeal the subsections, substitute:

(3) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a seniors health card; or

(b) the following apply:

(i) before the person made the claim for a seniors health card, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a seniors health card or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for a seniors health card.

(4) For the purposes of subsection (3):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

(c) refugee has the meaning given by subsection 7(6B).

60   Subsection 1061ZQ(1)

Omit "subsection (2)", substitute "this section".

61   Subsection 1061ZQ(1)

Omit "on or after 1 February 2000".

62   Paragraph 1061ZQ(2)(b)

Repeal the paragraph.

63   At the end of subsection 1061ZQ(2)

Add:

Note: For paragraph (a): for qualifying residence exemption in relation to a health care card, see paragraph 7(6AA)(f).

64   At the end of section 1061ZQ

Add:

(3) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a health care card; or

(b) the following apply:

(i) before the person made the claim for a health care card, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a health care card or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for a health care card.

(4) For the purposes of subsection (3):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

(c) refugee has the meaning given by subsection 7(6B).

65   Section 1061ZR

Omit "If", substitute "(1) Subject to subsection (2), if".

66   At the end of section 1061ZR

Add:

(2) If:

(a) a person is subject to a newly arrived resident's waiting period; and

(b) before, on or after the commencement of this subsection, the person applied for a visa that is in a class of visas determined by the Minister for the purposes of paragraph 739A(3)(b);

the waiting period:

(c) starts on the day on which the person applied for that visa; and

(d) ends when the person has been in Australia for a period of, or for periods totalling, 104 weeks after that day.

67   Clause 121 of Schedule 1A

Repeal the clause.

68   Application provision - qualifying residence exemption

The amendments of section 7 of the Social Security Act 1991 made by this Schedule apply in relation to:

(a) claims for a social security pension or a social security benefit made on or after the commencement of this item; and

(b) claims for a mobility allowance or a pensioner education supplement made on or after that commencement; and

(c) claims for a seniors health card made on or after that commencement; and

(d) claims for a health care card made on or after that commencement.

69   Application and saving provisions - carer payment

(1) Paragraph 201AA(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 201AA(5) to (5B) of the Social Security Act 1991, as substituted by this Schedule, apply in relation to claims for a carer payment made on or after the commencement of this item.

(3) Subsection 201AA(5) of the Social Security Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to claims for a carer payment made before that commencement.

(4) A determination in force under paragraph 201AA(5)(d) of the Social Security Act 1991 immediately before the commencement of this item has effect on and after that commencement as if it were a determination in force under subsection 201AA(5B) of that Act.

70   Application provision - widow allowance

The amendments of section 408BA of the Social Security Act 1991 made by this Schedule apply in relation to claims for widow allowance made on or after the commencement of this item.

71   Application provision - parenting payment

The amendments of section 500 of the Social Security Act 1991 made by this Schedule apply in relation to claims for parenting payment made on or after the commencement of this item.

72   Application and saving provisions - youth allowance

(1) Paragraph 549D(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 549D(3) to (5) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a youth allowance made before that commencement.

(3) Subsections 549D(7) and (8) of the Social Security Act 1991, as added by this Schedule, apply in relation to claims for a youth allowance made on or after the commencement of this item.

(4) The amendment of paragraph 549E(a) of the Social Security Act 1991 made by this Schedule applies in relation to claims for a youth allowance made on or after the commencement of this item.

73   Application and saving provisions - austudy payment

(1) Paragraph 575D(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 575D(3) and (4) of the Social Security Act 1991, as substituted by this Schedule, apply in relation to claims for an austudy payment made on or after the commencement of this item.

(3) Subsections 575D(3) and (4) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for an austudy payment made before that commencement.

(4) The amendment of paragraph 575E(a) of the Social Security Act 1991 made by this Schedule applies in relation to claims for an austudy payment made on or after the commencement of this item.

74   Application and saving provisions - newstart allowance

(1) Paragraph 623A(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 623A(3) to (6) and 623B(2) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a newstart allowance made before that commencement.

(3) Subsections 623A(8) and (9) of the Social Security Act 1991, as added by this Schedule, apply in relation to claims for a newstart allowance made on or after the commencement of this item.

75   Application and saving provisions - sickness allowance

(1) Paragraph 696B(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 696B(3) and (4) of the Social Security Act 1991, as substituted by this Schedule, apply in relation to claims for sickness allowance made on or after the commencement of this item.

(3) Subsections 696B(3) to (6) and 696C(2) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for sickness allowance made before that commencement.

76   Application provision - special benefit

The amendments of section 739A of the Social Security Act 1991 made by this Schedule apply in relation to claims for a special benefit made on or after the commencement of this item.

77   Application and saving provisions - partner allowance

(1) Paragraph 771HNA(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 771HNA(3) and (4) of the Social Security Act 1991, as substituted by this Schedule, apply in relation to claims for a partner allowance made on or after the commencement of this item.

(3) Subsections 771HNA(4) and (5) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a partner allowance made before that commencement.

78   Application and saving provisions - mobility allowance

(1) Subsection 1039AA(1) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 1039AA(3) and (5) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a mobility allowance made before that commencement.

(3) Subsections 1039AA(5) and (6) of the Social Security Act 1991, as substituted by this Schedule, apply in relation to claims for a mobility allowance made on or after the commencement of this item.

79   Application and saving provisions - pensioner education supplement

(1) Paragraph 1061PU(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 1061PU(3) and (4) of the Social Security Act 1991, as substituted by this Schedule, apply in relation to claims for a pensioner education supplement made on or after the commencement of this item.

(3) Subsections 1061PU(3) and (4) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a pensioner education supplement made before that commencement.

(4) The amendment of paragraph 1061PV(a) of the Social Security Act 1991 made by this Schedule applies in relation to claims for a pensioner education supplement made on or after the commencement of this item.

80   Application and saving provisions - seniors health card

(1) Paragraph 1061ZH(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 1061ZH(3) and (4) of the Social Security Act 1991, as substituted by this Schedule, apply in relation to claims for a seniors health card made on or after the commencement of this item.

(3) Subsections 1061ZH(3) to (5) of the Social Security Act 1991, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a seniors health card made before that commencement.

81   Application and saving provisions - health care card

(1) Subsection 1061ZQ(1) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Paragraph 1061ZQ(2)(b) of the Social Security Act 1991, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to claims for a health care card made before that commencement.

(3) Subsections 1061ZQ(3) and (4) of the Social Security Act 1991, as added by this Schedule, apply in relation to claims for a health care card made on or after the commencement of this item.

(4) Section 1061ZR of the Social Security Act 1991, as amended by this Schedule, applies in relation to claims for a health care card made on or after the commencement of this item.

Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Act 1997

82   Section 3

Repeal the section.

83   Saving provision

Despite the repeal of section 3 of the Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Act 1997 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to:

(a) claims for a social security payment made before that commencement; and

(b) claims for a seniors health card made before that commencement; and

(c) claims for a health care card made before that commencement.

Part 2   Farm household support amendments

Farm Household Support Act 2014

84   Subsection 5(1)

Insert:

eligible family member has the same meaning as family member has for the purposes of subsection 7(6AA) of the Social Security Act.

former refugee has the meaning given by subsection 7(1) of the Social Security Act.

refugee has the meaning given by subsection 7(6B) of the Social Security Act.

85   Paragraphs 42(2)(a), (b), (d), (e), (f) and (g)

Repeal the paragraphs.

86   At the end of subsection 42(2)

Add:

; (i) a person who is a refugee, or a former refugee, at the time the person made the claim for farm household allowance;

(j) a person in relation to whom the following apply:

(i) before the person made the claim for farm household allowance, the person was an eligible family member of another person at the time the other person became a refugee;

(ii) the person is an eligible family member of that other person at the time the person made the claim for farm household allowance or, if that other person has died, the person was an eligible family member of that other person immediately before that other person died;

(k) a person who is an Australian citizen at the time the person made the claim for farm household allowance.

87   Subsection 43(1)

Omit "(1)".

88   Paragraph 43(1)(b)

Omit "(subject to subsection (2))".

89   Subsection 43(2)

Repeal the subsection.

90   Application provision

The amendments of sections 42 and 43 of the Farm Household Support Act 2014 made by this Schedule apply in relation to claims for farm household allowance made on or after the commencementof this item.

Schedule 11   Student start-up scholarships

Social Security Act 1991

1   Section 19AA (definition of scholarship-entitled person)

Repeal the definition.

2   Subsection 23(1) (definition of scholarship-entitled person)

Repeal the definition.

3   Division 1 of Part 2.11B

Repeal the Division.

4   Subsection 1061ZVBC(1)

Omit "(1)".

5   Subparagraph 1061ZVBC(1)(a)(iii)

Repeal the subparagraph.

6   Subsection 1061ZVBC(2)

Repeal the subsection.

7   Section 1190 (table item 68)

Repeal the item.

8   Subsection 1191(1) (table item 40)

Repeal the item.

9   Subsection 1192(8A)

Repeal the subsection.

10   Subsection 1222(2) (table item 4D, column 2)

After "of", insert "relocation".

11   Section 1223ABE (heading)

Repeal the heading, substitute:

1223ABE Debts in respect of relocation scholarship payments

12   Paragraphs 1223ABE(1)(a), (2)(a) and (3)(a)

Omit "a student start-up scholarship payment or".

Social Security (Administration) Act 1999

13   Section 12H (heading)

Repeal the heading, substitute:

12H Relocation scholarship payment

14   Section 12H

Omit "a student start-up scholarship payment or".

15   Subsection 47(1) (paragraph (ba) of the definition of lump sum benefit)

Repeal the paragraph.

16   Section 47DA (heading)

Repeal the heading, substitute:

47DA Relocation scholarship payments

17   Paragraph 47DA(a)

Omit "a student start-up scholarship payment, or a relocation scholarship payment,", substitute "a relocation scholarship payment".

18   Subdivision DC of Division 5 of Part 3B (heading)

Repeal the heading, substitute:

Subdivision DC - Relocation scholarship payments

19   Section 123XPF

Repeal the section.

Student Assistance Act 1973

20   Subsection 3(1) (definition of scholarship-entitled person)

Repeal the definition.

21   Subsection 7D(1)

Omit "(1)".

22   Subparagraph 7D(1)(a)(iii)

Repeal the subparagraph.

23   Subsection 7D(2)

Repeal the subsection.

24   Application and saving provisions

(1) Despite the repeal of Division 1 of Part 2.11B of the Social Security Act 1991 made by this Schedule, that Division, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a qualification time occurring before that commencement.

(2) The amendments of section 1061ZVBC of the Social Security Act 1991 made by this Schedule apply in relation to a qualification period starting on or after the day this item commences.

(3) Despite the amendments of section 1223ABE of the Social Security Act 1991 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a student start-up scholarship payment made before, on or after that commencement.

(4) Despite the amendments of section 12H of the Social Security (Administration) Act 1999 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a student start-up scholarship payment for which a person was qualified before that commencement.

(5) Despite the amendments of sections 47 and 47DA of the Social Security (Administration) Act 1999 made by this Schedule, those sections, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a student start-up scholarship payment made after that commencement for which a person was qualified before that commencement.

(6) Despite the amendments made by this Schedule, Part 3B of the Social Security (Administration) Act 1999, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a student start-up scholarship payment, whether it is payable before, on or after that commencement.

(7) The amendments of section 7D of the Student Assistance Act 1973 made by this Schedule apply in relation to a qualification period starting on or after the day this item commences.

Schedule 12   Interest charge

Part 1   Amendments

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

1   After paragraph 77(1)(e)

Insert:

(ea) the effect of sections 78 and 78A; and

2   Subsections 77(3) and (4)

Repeal the subsections, substitute:

(3) The Secretary may give more than one notice under subsection (1) in relation to a person and a debt of the person.

3   Sections 78 to 79A

Repeal the sections, substitute:

78 Interest charge - no repayment arrangement in effect

(1) If:

(a) a notice is given to a person under subsection 77(1) in relation to a debt; and

(b) an amount (the unpaid amount ) of the debt remains unpaid at the end of the day (the due day ) on which the debt is due to be paid; and

(c) at the end of the due day, there is no arrangement in effect under section 91 in relation to the debt;

then the person is liable to pay, by way of penalty, interest charge, worked out under subsection (3), for each day in the period described in subsection (2).

Note: For exemptions, see sections 78D and 78E.

(2) The periodstarts at the beginning of the day after the due day and ends at the end of the earlier of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the unpaid amount;

(ii) interest charge on any of the unpaid amount;

(b) the day before the first day, after the due day, on which the person makes a payment under an arrangement under section 91 in relation to the debt.

(3) The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the unpaid amount;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 78C.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section 78B.

78A Interest charge - failure to comply with or termination of repayment arrangement

(1) If:

(a) an arrangement is in effect under section 91 in relation to a person and a debt; and

(b) the person fails to make a payment under the arrangement;

then the person is liable to pay, by way of penalty, interest charge, worked out under subsection (3), for each day in the period described in subsection (2).

Note: For exemptions, see sections 78D and 78E.

(2) The periodstarts at the beginning of the day after the day (the due day ) on which the payment was required to be made under the arrangement and ends at the end of the earliest of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the outstanding amount of the debt;

(ii) interest charge on any of the outstanding amount of the debt;

(b) the day before the first day, after the due day, on which the person has paid all the payments that have so far become due and payable under the arrangement;

(c) the day before the day the arrangement is terminated under section 91.

(3) The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the outstanding amount of the debt;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 78C.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section 78B.

Repayment arrangement is terminated

(4) If:

(a) an arrangement is in effect under section 91 in relation to a person and a debt; and

(b) the arrangement is then terminated under section 91 on a day (the termination day );

then:

(c) the following amounts (if any) are due and payable on the 14th day after the termination day:

(i) the outstanding amount of the debt;

(ii) interest charge on any ofthe outstanding amount of the debt; and

(d) if, at the end of that 14th day, any of those amounts remains unpaid, the person is liable to pay, by way of penalty, interest charge, worked out under subsection (6), for each day in the period described in subsection (5).

Note: For exemptions, see sections 78D and 78E.

(5) The periodstarts at the beginning of the day after that 14th day and ends at the end of the earlier of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the outstanding amount of the debt;

(ii) interest charge on any of the outstanding amount of the debt;

(b) the day before the first day, after that 14th day, on which the person makes a payment under another arrangement under section 91 in relation to the debt.

(6) The interest charge for a day in the period described in subsection (5) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the outstanding amount of the debt;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 78C.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section 78B.

78B Other rules for interest charge

When interest charge is due and payable

(1) The interest charge under section 78 or 78A for a day is due and payable to the Commonwealth at the end of that day.

Interest charge is a debt

(2) The interest charge under section 78 or 78A for a day is a debt due to the Commonwealth by the person.

Provisions that do not apply to interest charge debt

(3) Subsection 77(1) does not apply in relation to the debt referred to in subsection (2) of this section.

78C What is the interest charge rate ?

(1) For the purposes of sections 78 and 78A, the interest charge rate for a day is the rate worked out by adding 7 percentage points to the base interest rate for that day, and dividing that total by the number of days in the calendar year.

(2) The base interest rate for a day depends on which quarter of the year the day is in. For each day in a quarter in column 1 of the table, it is the monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bank of Australia for the month in column 2 of the table.

(3) If the monthly average yield of 90-day Bank Accepted Bills for a particular month in column 2 of the table in subsection (2) is not published by the Reserve Bank of Australia before the beginning of the relevant quarter, assume that it is the same as the last monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bank of Australia before that month.

(4) The base interest rate must be rounded to the second decimal place (rounding .005 upwards).

78D Exemption from interest charge - general

(1) A person is not liable to pay interest charge under section 78 or 78A if on the day before the start of the period in respect of which the person would otherwise have been liable to pay that charge:

(a) the person is receiving instalments of family tax benefit; or

(b) the person is receiving a social security payment; or

(c) the person is receiving a payment of pension or allowance under the Veterans' Entitlements Act 1986; or

(d) the person is receiving instalments under the ABSTUDY scheme (also known as the Aboriginal Study Assistance Scheme) that includes an amount identified as living allowance; or

(e) the person is receiving instalments under the Assistance for Isolated Children Scheme; or

(f) the circumstances determined in an instrument under subsection (2) apply in relation to the person.

(2) The Minister may, by legislative instrument, determine circumstances for the purposes of paragraph (1)(f).

78E Exemption from interest charge - Secretary's determination

(1) The Secretary may determine that interest charge is not payable, or is not payable in respect of a particular period, by a person on the outstanding amount of a debt.

(2) The Secretary may make a determination under this section in circumstances that include (but are not limited to) the Secretary being satisfied that the person has a reasonable excuse for:

(a) failing to enter into an arrangement under section 91 to pay the outstanding amount of the debt; or

(b) having entered an arrangement, failing to make a payment in accordance with that arrangement.

(3) The determination may relate to a period before, or to a period that includes a period before, the making of the determination.

(4) The determination may be expressed to be subject to the person complying with one or more specified conditions.

(5) If the determination is expressed to be subject to the person complying with one or more specified conditions, the Secretary must give written notice of the determination to the person as soon as practicable after the determination is made.

(6) If:

(a) the determination is expressed to be subject to the person complying with one or more specified conditions; and

(b) the person contravenes a condition or conditions without reasonable excuse;

the determination ceases to have effect from and including the day on which the contravention or the earliest of the contraventions occurred.

(7) The Secretary may cancel or vary the determination by written notice given to the person.

78F Guidelines on interest charge provisions

The Minister may, by legislative instrument, determine guidelines relating to the operation of the provisions of this Division dealing with interest charge.

4   Subsection 82(3) (paragraph (a) of the definition of debt)

Omit "78", substitute "78B".

5   After subsection 91(1A)

Insert:

(1B) If a payment is required to be made under an arrangement entered into under subsection (1) or (1A) before the end of a particular day, the payment must be made before the end of that day.

Paid Parental Leave Act 2010

6   Section 6

Repeal the following definitions:

(a) definition of date of the further debt notice ;

(b) definition of date of the initial debt notice ;

(c) definition of final debt payment day ;

(d) definition of further debt notice .

7   Section 6

Insert:

interest charge rate : see section 177.

8   Section 6 (definition of interest exemption determination)

Repeal the definition.

9   Section 6 (definition of penalty interest rate)

Repeal the definition.

10   Section 164

Omit "An administrative charge of $50 is also payable if interest is charged.".

11   Section 165 (paragraph (a) of the note)

Omit "section 177", substitute "section 176".

12   Section 165 (paragraph (b) of the note)

Repeal the paragraph.

13   Section 173 (heading)

Repeal the heading, substitute:

173 Notices in respect of debt

14   Subsection 173(1) (heading)

Repeal the heading.

15   Paragraph 173(1)(a)

Omit "(the date of the initial debt notice )", substitute "(the date of the notice )".

16   Paragraph 173(1)(e)

Omit "initial debt notice", substitute "notice".

17   After paragraph 173(1)(f)

Insert:

(fa) the effect of sections 174 and 175;

18   Subsection 173(2)

Omit "initial debt notice", substitute "notice".

19   Subsection 173(3)

Repeal the subsection, substitute:

Multiple notices

(3) The Secretary may give more than one notice under subsection (1) in relation to a person and a debt of the person.

20   Sections 174 to 180

Repeal the sections, substitute:

174 Interest charge - no debt payment arrangement in effect

(1) If:

(a) a notice is given to a person under subsection 173(1) in relation to a debt; and

(b) an amount (the unpaid amount ) of the debt remains unpaid at the end of the day (the due day ) on which the debt is due to be paid; and

(c) at the end of the due day, there is no debt payment arrangement in effect in relation to the debt;

then the person is liable to pay, by way of penalty, interest charge, worked out under subsection (3), for each day in the period described in subsection (2).

Note: For exemptions, see sections 178 and 179.

(2) The periodstarts at the beginning of the day after the due day and ends at the end of the earlier of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the unpaid amount;

(ii) interest charge on any of the unpaid amount;

(b) the day before the first day, after the due day, on which the person makes a payment under a debt payment arrangement in relation to the debt.

(3) The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the unpaid amount;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 177.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section 176.

175 Interest charge - failure to comply with or termination of debt payment arrangement

(1) If:

(a) a debt payment arrangement is in effect in relation to a person and a debt; and

(b) the person fails to make a payment under the arrangement;

then the person is liable to pay, by way of penalty, interest charge, worked out under subsection (3), for each day in the period described in subsection (2).

Note: For exemptions, see sections 178 and 179.

(2) The periodstarts at the beginning of the day after the day (the due day ) on which the payment was required to be made under the arrangement and ends at the end of the earliest of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the outstanding amount of the debt;

(ii) interest charge on any of the outstanding amount of the debt;

(b) the day before the first day, after the due day, on which the person has paid all the payments that have so far become due and payable under the arrangement;

(c) the day before the day the arrangement is terminated under section 190.

(3) The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the outstanding amount of the debt;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 177.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section 176.

Debt payment arrangement is terminated

(4) If:

(a) a debt payment arrangement is in effect in relation to a person and a debt; and

(b) the arrangement is then terminated under section 190 on a day (the termination day );

then:

(c) the following amounts (if any) are due and payable on the 14th day after the termination day:

(i) the outstanding amount of the debt;

(ii) interest charge on any of the outstanding amount of the debt; and

(d) if, at the end of that 14th day, any of those amounts remains unpaid, the person is liable to pay, by way of penalty, interest charge, worked out under subsection (6), for each day in the period described in subsection (5).

Note: For exemptions, see sections 178 and 179.

(5) The periodstarts at the beginning of the day after that 14th day and ends at the end of the earlier of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the outstanding amount of the debt;

(ii) interest charge on any of the outstanding amount of the debt;

(b) the day before the first day, after that 14th day, on which the person makes a payment under another debt payment arrangement in relation to the debt.

(6) The interest charge for a day in the period described in subsection (5) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the outstanding amount of the debt;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 177.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section 176.

176 Other rules for interest charge

When interest charge is due and payable

(1) The interest charge under section 174 or 175 for a day is due and payable to the Commonwealth at the end of that day.

Interest charge is a debt

(2) The interest charge under section 174 or 175 for a day is a debt due to the Commonwealth by the person.

Provisions that do not apply to interest charge debt

(3) Subsection 173(1) does not apply in relation to the debt referred to in subsection (2) of this section.

177 What is the interest charge rate ?

(1) The interest charge rate for a day is the rate worked out by adding 7 percentage points to the base interest rate for that day, and dividing that total by the number of days in the calendar year.

(2) The base interest rate for a day depends on which quarter of the year the day is in. For each day in a quarter in column 1 of the table, it is the monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bank of Australia for the month in column 2 of the table.

(3) If the monthly average yield of 90-day Bank Accepted Bills for a particular month in column 2 of the table in subsection (2) is not published by the Reserve Bank of Australia before the beginning of the relevant quarter, assume that it is the same as the last monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bank of Australia before that month.

(4) The base interest rate must be rounded to the second decimal place (rounding .005 upwards).

178 Exemption from interest charge - general

A person is not liable to pay interest charge under section 174 or 175 if on the day before the start of the period in respect of which the person would otherwise have been liable to pay that charge:

(a) the person is receiving instalments of family tax benefit (within the meaning of the A New Tax System (Family Assistance) Act 1999); or

(b) the person is receiving a social security payment (within the meaning of the Social Security Act 1991); or

(c) the person is receiving a payment of pension or allowance under the Veterans' Entitlements Act 1986; or

(d) the person is receiving instalments under the ABSTUDY scheme (also known as the Aboriginal Study Assistance Scheme) that includes an amount identified as living allowance; or

(e) the person is receiving instalments under the Assistance for Isolated Children Scheme; or

(f) the circumstances prescribed by the PPL rules apply in relation to the person.

179 Exemption from interest charge - Secretary's determination

(1) The Secretary may determine that interest charge is not payable, or is not payable in respect of a particular period, by a person on the outstanding amount of a debt.

(2) The Secretary may make a determination under this section in circumstances that include (but are not limited to) the Secretary being satisfied that the person has a reasonable excuse for:

(a) failing to enter into a debt payment arrangement to pay the outstanding amount of the debt; or

(b) having entered an arrangement, failing to make a payment in accordance with that arrangement.

(3) The determination may relate to a period before, or to a period that includes a period before, the making of the determination.

(4) The determination may be expressed to be subject to the person complying with one or more specified conditions.

(5) If the determination is expressed to be subject to the person complying with one or more specified conditions, the Secretary must give written notice of the determination to the person as soon as practicable after the determination is made.

(6) If:

(a) the determination is expressed to be subject to the person complying with one or more specified conditions; and

(b) the person contravenes a condition or conditions without reasonable excuse;

the determination ceases to have effect from and including the day on which the contravention or the earliest of the contraventions occurred.

(7) The Secretary may cancel or vary the determination by written notice given to the person.

180 Guidelines on interest charge provisions

The PPL rules may prescribe guidelines for the operation of the provisions of this Division dealing with interest charge.

21   Section 181 (paragraph (b) of the note)

Omit "sections 177, 179", substitute "sections 176".

22   After subsection 190(1)

Insert:

(1A) If a person is required to make a payment under a debt payment arrangement before the end of a particular day, the person must make that payment before the end of that day.

23   Subsection 193(1) (paragraph (b) of the note)

Omit "sections 177, 179", substitute "sections 176".

24   Subsection 194(1) (paragraph (b) of the note)

Omit "sections 177, 179", substitute "sections 176".

Social Security Act 1991

25   Subsection 1222(2) (table item 16)

Omit "1229A", substitute "1229C".

26   Subsection 1222(2) (table item 17)

Repeal the item.

27   Subsection 1223AA(1) (note)

Repeal the note.

28   Subsection 1224B(1) (note)

Repeal the note.

29   Section 1224C (note)

Repeal the note.

30   Subsection 1224D(1) (note)

Repeal the note.

31   After subsection 1228B(2)

Insert:

(2A) To avoid doubt, the amount added by way of penalty is part of the debt.

32   Subsection 1228B(5)

Omit "section 1229A or 1229AB", substitute "section 1229C".

33   After paragraph 1229(1)(e)

Insert:

(ea) the effect of sections 1229A and 1229B; and

34   Subsections 1229(3) and (4)

Repeal the subsections, substitute:

(3) The Secretary may give more than one notice under subsection (1) in relation to a person and a debt of the person.

35   Sections 1229A to 1229C

Repeal the sections, substitute:

1229A Interest charge - no repayment arrangement in effect

(1) If:

(a) a notice is given to a person under subsection 1229(1) in relation to a debt; and

(b) an amount (the unpaid amount ) of the debt remains unpaid at the end of the day (the due day ) on which the debt is due to be paid; and

(c) at the end of the due day, there is no arrangement in effect under section 1234 in relation to the debt;

then the person is liable to pay, by way of penalty, interest charge, worked out under subsection (3), for each day in the period described in subsection (2).

Note: For exemptions, see sections 1229E and 1229F.

(2) The periodstarts at the beginning of the day after the due day and ends at the end of the earlier of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the unpaid amount;

(ii) interest charge on any of the unpaid amount;

(b) the day before the first day, after the due day, on which the person makes a payment under an arrangement under section 1234 in relation to the debt.

(3) The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the unpaid amount;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 1229D.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section 1229C.

1229B Interest charge - failure to comply with or termination of repayment arrangement

(1) If:

(a) an arrangement is in effect under section 1234 in relation to a person and a debt; and

(b) the person fails to make a payment under the arrangement;

then the person is liable to pay, by way of penalty, interest charge, worked out under subsection (3), for each day in the period described in subsection (2).

Note: For exemptions, see sections 1229E and 1229F.

(2) The periodstarts at the beginning of the day after the day (the due day ) on which the payment was required to be made under the arrangement and ends at the end of the earliest of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the outstanding amount of the debt;

(ii) interest charge on any of the outstanding amount of the debt;

(b) the day before the first day, after the due day, on which the person has paid all the payments that have so far become due and payable under the arrangement;

(c) the day before the day the arrangement is terminated under section 1234.

(3) The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the outstanding amount of the debt;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 1229D.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section 1229C.

Repayment arrangement is terminated

(4) If:

(a) an arrangement is in effect under section 1234 in relation to a person and a debt; and

(b) the arrangement is then terminated under section 1234 on a day (the termination day );

then:

(c) the following amounts (if any) are due and payable on the 14th day after the termination day:

(i) the outstanding amount of the debt;

(ii) interest charge on any of the outstanding amount of the debt; and

(d) if, at the end of that 14th day, any of those amounts remains unpaid, the person is liable to pay, by way of penalty, interest charge, worked out under subsection (6), for each day in the period described in subsection (5).

Note: For exemptions, see sections 1229E and 1229F.

(5) The periodstarts at the beginning of the day after that 14th day and ends at the end of the earlier of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the outstanding amount of the debt;

(ii) interest charge on any of the outstanding amount of the debt;

(b) the day before the first day, after that 14th day, on which the person makes a payment under another arrangement under section 1234 in relation to the debt.

(6) The interest charge for a day in the period described in subsection (5) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the outstanding amount of the debt;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 1229D.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day and is a debt due to the Commonwealth: see section 1229C.

1229C Other rules for interest charge

When interest charge is due and payable

(1) The interest charge under section 1229A or 1229B for a day is due and payable to the Commonwealth at the end of that day.

Interest charge is a debt

(2) The interest charge under section 1229A or 1229B for a day is a debt due to the Commonwealth by the person.

Provisions that do not apply to interest charge debt

(3) Subsection 1229(1) does not apply in relation to the debt referred to in subsection (2) of this section.

1229D What is the interest charge rate ?

(1) For the purposes of sections 1229A and 1229B, the interest charge rate for a day is the rate worked out by adding 7 percentage points to the base interest rate for that day, and dividing that total by the number of days in the calendar year.

(2) The base interest rate for a day depends on which quarter of the year the day is in. For each day in a quarter in column 1 of the table, it is the monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bank of Australia for the month in column 2 of the table.

(3) If the monthly average yield of 90-day Bank Accepted Bills for a particular month in column 2 of the table in subsection (2) is not published by the Reserve Bank of Australia before the beginning of the relevant quarter, assume that it is the same as the last monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bank of Australia before that month.

(4) The base interest rate must be rounded to the second decimal place (rounding .005 upwards).

1229E Exemption from interest charge - general

(1) A person is not liable to pay interest charge under section 1229A or 1229B if on the day before the start of the period in respect of which the person would otherwise have been liable to pay that charge:

(a) the person is receiving a social security payment; or

(b) the person is receiving a payment of pension or allowance under the Veterans' Entitlements Act; or

(c) the person is receiving instalments of family tax benefit; or

(d) the person is receiving instalments under the ABSTUDY scheme (also known as the Aboriginal Study Assistance Scheme) that includes an amount identified as living allowance; or

(e) the person is receiving instalments under the Assistance for Isolated Children Scheme; or

(f) the circumstances determined in an instrument under subsection (2) apply in relation to the person.

(2) The Minister may, by legislative instrument, determine circumstances for the purposes of paragraph (1)(f).

1229F Exemption from interest charge - Secretary's determination

(1) The Secretary may determine that interest charge is not payable, or is not payable in respect of a particular period, by a person on the outstanding amount of a debt.

(2) The Secretary may make a determination under this section in circumstances that include (but are not limited to) the Secretary being satisfied that the person has a reasonable excuse for:

(a) failing to enter into an arrangement under section 1234 to pay the outstanding amount of the debt; or

(b) having entered an arrangement, failing to make a payment in accordance with that arrangement.

(3) The determination may relate to a period before, or to a period that includes a period before, the making of the determination.

(4) The determination may be expressed to be subject to the person complying with one or more specified conditions.

(5) If the determination is expressed to be subject to the person complying with one or more specified conditions, the Secretary must give written notice of the determination to the person as soon as practicable after the determination is made.

(6) If:

(a) the determination is expressed to be subject to the person complying with one or more specified conditions; and

(b) the person contravenes a condition or conditions without reasonable excuse;

the determination ceases to have effect from and including the day on which the contravention or the earliest of the contraventions occurred.

(7) The Secretary may cancel or vary the determination by written notice given to the person.

1229G Guidelines on interest charge provisions

The Minister may, by legislative instrument, determine guidelines relating to the operation of the provisions of this Part dealing with interest charge.

36   Subsection 1230(1) (note 3)

Repeal the note.

37   Subsection 1230A(1) (note 3)

Repeal the note.

38   After subsection 1234(1)

Insert:

(1A) If a person is required to make a payment under an arrangement entered into under subsection (1) before the end of a particular day, the person must make that payment before the end of that day.

Student Assistance Act 1973

39   Subsection 3(1) (definition of late payment charge)

Repeal the definition.

40   Section 38 (heading)

Repeal the heading, substitute:

38 Definitions

41   Section 38 (paragraph (c) of the definition of debt)

Omit "section 40", substitute "section 41B".

42   Section 38

Insert:

relevant debt means:

(a) an amount paid under the ABSTUDY Scheme (also known as the Aboriginal Study Assistance Scheme) that should not have been paid; or

(b) an amount paid under the Assistance for Isolated Children Scheme that should not have been paid; or

(c) an ABSTUDY student start-up loan overpayment.

Note: The amount in paragraph (a) or (b) is a debt under paragraph (a) of the definition of debt in this section. The amount in paragraph (c) is a debt under paragraph (aa) of the definition of debt in this section.

43   Sections 39A, 40 and 41

Repeal the sections, substitute:

40 Notice in respect of relevant debt

(1) If a relevant debt owed by a person to the Commonwealth has not been wholly paid, the Secretary must give the person a notice specifying:

(a) the date on which it was issued (the date of the notice ); and

(b) the reason the debt was incurred, including a brief explanation of the circumstances that led to the debt being incurred; and

(c) the period to which the debt relates; and

(d) the outstanding amount of the debt at the date of the notice; and

(e) the day on which the outstanding amount is due and payable; and

(f) the effect of sections 41 and 41A; and

(g) that a range of options is available for repayment of the debt; and

(h) the contact details for inquiries concerning the debt.

(2) The outstanding amount of the debt is due and payable on the 28th day after the date of the notice.

(3) The Secretary may give more than one notice under subsection (1) in relation to a person and a relevant debt of the person.

41 Interest charge - no repayment arrangement in effect

(1) If:

(a) a notice is given to a person under subsection 40(1) in relation to a relevant debt; and

(b) an amount (the unpaid amount ) of the debt remains unpaid at the end of the day (the due day ) on which the debt is due to be paid; and

(c) at the end of the due day, there is no arrangement in effect under section 41F in relation to the debt;

then the person is liable to pay, by way of penalty, interest charge, worked out under subsection (3), for each day in the period described in subsection (2).

Note: For exemptions, see sections 41D and 41E.

(2) The periodstarts at the beginning of the day after the due day and ends at the end of the earlier of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the unpaid amount;

(ii) interest charge on any of the unpaid amount;

(b) the day before the first day, after the due day, on which the person makes a payment under an arrangement under section 41F in relation to the debt.

(3) The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the unpaid amount;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 41C.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day: see section 41B.

41A Interest charge - failure to comply with or termination of repayment arrangement

(1) If:

(a) an arrangement is in effect under section 41F in relation to a person and a relevant debt; and

(b) the person fails to make a payment under the arrangement;

then the person is liable to pay, by way of penalty, interest charge, worked out under subsection (3), for each day in the period described in subsection (2).

Note: For exemptions, see sections 41D and 41E.

(2) The periodstarts at the beginning of the day after the day (the due day ) on which the payment was required to be made under the arrangement and ends at the end of the earliest of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the outstanding amount of the debt;

(ii) interest charge on any of the outstanding amount of the debt;

(b) the day before the first day, after the due day, on which the person has paid all the payments that have so far become due and payable under the arrangement;

(c) the day before the day the arrangement is terminated under section 41F.

(3) The interest charge for a day in the period described in subsection (2) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the outstanding amount of the debt;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 41C.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day: see section 41B.

Repayment arrangement is terminated

(4) If:

(a) an arrangement is in effect under section 41F in relation to a person and a relevant debt; and

(b) the arrangement is then terminated under section 41F on a day (the termination day );

then:

(c) the following amounts (if any) are due and payable on the 14th day after the termination day:

(i) the outstanding amount of the debt;

(ii) interest charge on any of the outstanding amount of the debt; and

(d) if, at the end of that 14th day, any of those amounts remains unpaid, the person is liable to pay, by way of penalty, interest charge, worked out under subsection (6), for each day in the period described in subsection (5).

Note: For exemptions, see sections 41D and 41E.

(5) The periodstarts at the beginning of the day after that 14th day and ends at the end of the earlier of the following days:

(a) the last day at the end of which any of the following remains unpaid:

(i) the outstanding amount of the debt;

(ii) interest charge on any of the outstanding amount of the debt;

(b) the day before the first day, after that 14th day, on which the person makes a payment under another arrangement under section 41F in relation to the debt.

(6) The interest charge for a day in the period described in subsection (5) is worked out by multiplying the interest charge rate for that day by the sum of so much of the following amounts as remains unpaid:

(a) the outstanding amount of the debt;

(b) the interest charge from previous days.

Note 1: For interest charge rate see section 41C.

Note 2: The interest charge for a day is due and payable to the Commonwealth at the end of that day: see section 41B.

41B When interest charge becomes due and payable

The interest charge under section 41 or 41A for a day is due and payable to the Commonwealth at the end of that day.

Note: The interest charge for a day is a debt owed to the Commonwealth: see section 39.

41C What is the interest charge rate ?

(1) For the purposes of sections 41 and 41A, the interest charge rate for a day is the rate worked out by adding 7 percentage points to the base interest rate for that day, and dividing that total by the number of days in the calendar year.

(2) The base interest rate for a day depends on which quarter of the year the day is in. For each day in a quarter in column 1 of the table, it is the monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bank of Australia for the month in column 2 of the table.

(3) If the monthly average yield of 90-day Bank Accepted Bills for a particular month in column 2 of the table in subsection (2) is not published by the Reserve Bank of Australia before the beginning of the relevant quarter, assume that it is the same as the last monthly average yield of 90-day Bank Accepted Bills published by the Reserve Bankof Australia before that month.

(4) The base interest rate must be rounded to the second decimal place (rounding .005 upwards).

41D Exemption from interest charge - general

(1) A person is not liable to pay interest charge under section 41 or 41A if on the day before the start of the period in respect of which the person would otherwise have been liable to pay that charge:

(a) the person is receiving instalments under the ABSTUDY scheme (also known as the Aboriginal Study Assistance Scheme) that includes an amount identified as living allowance; or

(b) the person is receiving instalments under the Assistance for Isolated Children Scheme; or

(c) the person is receiving instalments of family tax benefit (within the meaning of the A New Tax System (Family Assistance) Act 1999); or

(d) the person is receiving a social security payment (within the meaning of the Social Security Act 1991); or

(e) the person is receiving a payment of pension or allowance under the Veterans' Entitlements Act 1986; or

(f) the circumstances determined in an instrument under subsection (2) apply in relation to the person.

(2) The Minister may, by legislative instrument, determine circumstances for the purposes of paragraph (1)(f).

41E Exemption from interest charge - Secretary's determination

(1) The Secretary may determine that interest charge is not payable, or is not payable in respect of a particular period, by a person on the outstanding amount of a relevant debt.

(2) The Secretary may make a determination under this section in circumstances that include (but are not limited to) the Secretary being satisfied that the person has a reasonable excuse for:

(a) failing to enter into an arrangement under section 41F to pay the outstanding amount of the debt; or

(b) having entered an arrangement, failing to make a payment in accordance with that arrangement.

(3) The determination may relate to a period before, or to a period that includes a period before, the making of the determination.

(4) The determination may be expressed to be subject to the person complying with one or more specified conditions.

(5) If the determination is expressed to be subject to the person complying with one or more specified conditions, the Secretary must give written notice of the determination to the person as soon as practicable after the determination is made.

(6) If:

(a) the determination is expressed to be subject to the person complying with one or more specified conditions; and

(b) the person contravenes a condition or conditions without reasonable excuse;

the determination ceases to have effect from and including the day on which the contravention or the earliest of the contraventions occurred.

(7) The Secretary may cancel or vary the determination by written notice given to the person.

41F Arrangement for payment of relevant debt

(1) The Secretary may, on behalf of the Commonwealth, enter into an arrangement with a person under which the person is to pay a relevant debt, owed by the person to the Commonwealth, or the outstanding amount of such a debt, in a way set out in the arrangement.

(2) If a person is required to make a payment under an arrangement entered into under subsection (1) before the end of a particular day, the person must make that payment before the end of that day.

(3) An arrangement entered into under subsection (1) has effect, or is taken to have had effect, on and after the day specified in the arrangement as the day on which the arrangement commences (whether that day is the day on which the arrangement is entered into or an earlier or later day).

(4) If an arrangement entered into under subsection (1) does not specify a day as mentioned in subsection (3), it has effect on and after the day on which it is entered into.

(5) The Secretary may terminate or alter an arrangement entered into under subsection (1):

(a) at the debtor's request; or

(b) after giving 28 days' notice to the debtor of the proposed termination or alteration; or

(c) without notice, if the Secretary is satisfied that the person has failed to disclose material information about his or her true capacity to repay the debt.

41G Guidelines on interest charge provisions

The Minister may, by legislative instrument, determine guidelines relating to the operation of the provisions of this Division dealing with interest charge.

44   Paragraph 51(1)(b)

Omit "subsection 40(1A)", substitute "subsection 40(1)".

Veterans' Entitlements Act 1986

45   Section 205AAE

Repeal the section, substitute:

205AAE Penalty interest rate

(1) The penalty interest rate is:

(a) 3% per year; or

(b) if another percentage is determined in an instrument under subsection (2) - that percentage per year.

(2) The Minister may, by legislative instrument, determine a percentage for the purposes of paragraph (1)(b).

Part 2   Application, saving and transitional provisions

46   Application and transitional provisions - family assistance amendments

(1) Paragraph 78(1)(a) of the A New Tax System (Family Assistance) (Administration) Act 1999, as amended by this Act, applies in relation to a notice given on or after the commencement of this item (whether the debt arose before, on or after that commencement).

(2) If:

(a) before the commencement of this item, the Secretary gave a person a notice under subsection 77(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 in relation to a debt; and

(b) the whole or a part of that debt is outstanding immediately before that commencement;

then, on or after the commencement of this item, the Secretary must give the person another notice under subsection 77(1) of thatAct, as amended by this Act, in relation to the debt.

(3) Paragraph 78A(1)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999, as amended by this Act, applies in relation to a failure that occurs on or after the commencement of this item (whether the arrangement was entered into before, on or after that commencement).

(4) Paragraph 78A(4)(b) of the A New Tax System (Family Assistance) (Administration) Act 1999, as amended by this Act, applies in relation to a termination that occurs on or after the commencement of this item (whether the arrangement was entered into before, on or after that commencement).

(5) Subsection 91(1B) of the A New Tax System (Family Assistance) (Administration) Act 1999, as amended by this Act, applies in relation to a requirement to make a payment on or after the commencement of this item (whether the arrangement was entered into before, on or after that commencement).

47   Application and transitional provisions - paid parental leave amendments

(1) Paragraph 174(1)(a) of the Paid Parental Leave Act 2010, as amended by this Act, applies in relation to a notice given on or after the commencement of this item (whether the debt arose before, on or after that commencement).

(2) If:

(a) before the commencement of this item, the Secretary gave a person a notice under subsection 173(1) of the Paid Parental Leave Act 2010 in relation to a debt; and

(b) the whole or a part of that debt is outstanding immediately before that commencement;

then, on or after the commencement of this item, the Secretary must give the person another notice under subsection 173(1) of that Act, as amended by this Act, in relation to the debt.

(3) Paragraph 175(1)(b) of the Paid Parental Leave Act 2010, as amended by this Act, applies in relation to a failure that occurs on or after the commencement of this item (whether the arrangement was entered into before, on or after that commencement).

(4) Paragraph 175(4)(b) of the Paid Parental Leave Act 2010, as amended by this Act, applies in relation to a termination that occurs on or after the commencement of this item (whether the arrangement was entered into before, on or after that commencement).

(5) Subsection 190(1A) of the Paid Parental Leave Act 2010, as amended by this Act, applies in relation to a requirement to make a payment on or after the commencement of this item (whether the arrangement was entered into before, on or after that commencement).

48   Application and transitional provisions - social security amendments

(1) Paragraph 1229A(1)(a) of the Social Security Act 1991, as amended by this Act, applies in relation to a notice given on or after the commencement of this item (whether the debt arose before, on or after that commencement).

(2) If:

(a) before the commencement of this item, the Secretary gave a person a notice under subsection 1229(1) of the Social Security Act 1991 in relation to a debt; and

(b) the whole or a part of that debt is outstanding immediately before that commencement;

then, on or after the commencement of this item, the Secretary must give the person another notice under subsection 1229(1) of that Act, as amended by this Act, in relation to the debt.

(3) Paragraph 1229B(1)(b) of the Social Security Act 1991, as amended by this Act, applies in relation to a failure that occurs on or after the commencement of this item (whether the arrangement was entered into before, on or after that commencement).

(4) Paragraph 1229B(4)(b) of the Social Security Act 1991, as amended by this Act, applies in relation to a termination that occurs on or after the commencement of this item (whether the arrangement was entered into before, on or after that commencement).

(5) Subsection 1234(1A) of the Social Security Act 1991, as amended by this Act, applies in relation to a requirement to make a payment on or after the commencement of this item (whether the arrangement was entered into before, on or after that commencement).

49   Application, saving and transitional provisions - student assistance amendments

(1) Sections 40 to 41G of the Student Assistance Act 1973, as amended by this Act, apply in relation to:

(a) a relevant debt that arises on or after the commencement of this item; and

(b) a relevant debt that arose before the commencement of this item, to the extent that the debt was outstanding immediately before that commencement.

(2) The repeal of section 39A of the Student Assistance Act 1973 made by this Schedule does not affect the validity of a decision under subsection 39A(1) of that Act before the commencement of this item.

(3) A decision made under subsection 39A(1) of the Student Assistance Act 1973 before the commencement of this item in relation to a person and a debt does not prevent the application of the provisions of Division 2 of Part 6 of that Act, as amended by this Act, on and after that commencement in relation to the person and the debt.

Schedule 13   Debt recovery

Part 1   Departure prohibition orders

A New Tax System (Family Assistance) Act 1999

1   Subsection 3(1) (at the end of the definition of Australia)

Add:

Note: In Division 5 of Part 4 of the Family Assistance Administration Act (about departure prohibition orders), Australia has an extended meaning.

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

2   Subsection 3(1)

Insert:

departure authorisation certificate means a certificate under Subdivision D of Division 5 of Part 4.

departure prohibition order means an order under Subdivision A of Division 5 of Part 4 (including such an order varied under Subdivision C of that Division).

3   At the end of Part 4

Add:

Division 5 - Departure prohibition orders

Subdivision A - Secretary may make departure prohibition orders

102A Secretary may make departure prohibition orders

(1) The Secretary may make an order (a departure prohibition order ) prohibiting a person from departing from Australia for a foreign country if:

(a) the person has one or more debts to the Commonwealth under this Part; and

(b) there are not arrangements satisfactory to the Secretary for the one or more debts to be wholly paid; and

(c) the Secretary believes on reasonable grounds that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without:

(i) having wholly paid the one or more debts; or

(ii) there being arrangements satisfactory to the Secretary for the one or more debts to be wholly paid.

Matters to be taken into account in making order

(2) Before making an order under this section, the Secretary must have regard to the following matters:

(a) the capacity of the person to pay the one or more debts;

(b) whether any action has been taken to recover any such debt, and the outcome of the recovery action;

(c) the length of time for which any such debt has remained unpaid after the day on which it became due and payable;

(d) such other matters as the Secretary considers appropriate.

Form of order

(3) A departure prohibition order must be in a form approved by the Secretary.

Subdivision B - Departure from Australia of debtors prohibited

102B Departure from Australia of debtors prohibited

A person must not depart from Australia for a foreign country if:

(a) a departure prohibition order in respect of the person is in force, and the person knows that the order is in force, or is reckless as to whether the order is in force; and

(b) the person's departure is not authorised by a departure authorisation certificate, and the person knows that the departure is not authorised by such a certificate, or is reckless as to whether the departure is authorised by such a certificate.

Penalty: Imprisonment for 12 months.

Subdivision C - Other rules for departure prohibition orders

102C Notification requirements for departure prohibition orders

(1) This section applies if the Secretary makes a departure prohibition order in respect of a person.

Notifying person of order

(2) The Secretary must notify the person that the order has been made.

(3) The notice must be in a form approved by the Secretary and must be given as soon as practicable after making the order.

Notifying other persons of order

(4) Unless the Secretary is satisfied that the person is an Australian citizen, the Secretary must give the Secretary of the Department administered by the Minister administering the Migration Act 1958 a copy of the order, and information likely to facilitate identification of the person, for the purposes of administering that Act.

(5) The Secretary must also give a copy of the order, and information likely to facilitate identification of the person for the purposes of this Division, to such other persons as the Secretary considers appropriate in the circumstances, being persons declared in an instrument under subsection (6).

(6) The Secretary may, by legislative instrument, declare persons for the purposes of subsection (5).

(7) The Secretary must give a copy of the order or information under subsection (4) or (5) as soon as practicable after making the order.

102D Operation of departure prohibition order

(1) A departure prohibition order comes into force when it is made, and continues in force until it is revoked, or until it is set aside by a court.

Note: Subdivision E deals with appeals to the Federal Court of Australia or the Federal Circuit Court of Australia against the making of departure prohibition orders.

(2) However, a departure prohibition order in respect of a person is not in force during any period when a deportation order in respect of the person is in force under the Migration Act 1958.

102E Revocation and variation of departure prohibition orders

(1) The Secretary must revoke a departure prohibition order in respect of a person if:

(a) the person no longer has any debts to the Commonwealth under this Part; or

(b) there are arrangements satisfactory to the Secretary for the one or more debts the person has to the Commonwealth under this Part to be wholly paid; or

(c) the Secretary is satisfied that the one or more debts the person has to the Commonwealth under this Part are completely irrecoverable.

(2) The Secretary may revoke or vary a departure prohibition order in respect of a person if the Secretary considers it desirable to do so.

(3) A revocation or variation, under this section, of a departure prohibition order may be:

(a) on application by the person in a form approved by the Secretary; or

(b) on the Secretary's own initiative.

102F Notification requirements for revocations and variations

(1) If the Secretary revokes or varies a departure prohibition order in respect of a person, the Secretary must give notice of the revocation or variation to:

(a) the person; and

(b) each person to whom a copy of the departure prohibition order was given under subsection 102C(4) or (5).

(2) If:

(a) a person makes an application under paragraph 102E(3)(a) for the revocation or variation of a departure prohibition order; and

(b) the Secretary refuses to revoke or vary the order;

the Secretary must give notice of the refusal to the person.

(3) A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision D - Departure authorisation certificates

102G Application for departure authorisation certificate

(1) A person in respect of whom a departure prohibition order is in force may apply for a certificate (a departure authorisation certificate ) authorising the person to depart from Australia for a foreign country.

(2) The application must be in a form approved by the Secretary.

102H When Secretary must issue departure authorisation certificate

(1) This section applies if a person makes an application under section 102G for a departure authorisation certificate.

(2) The Secretary must issue the departure authorisation certificate if the Secretary is satisfied:

(a) that, if the certificate is issued:

(i) it is likely that the person will depart from Australia and return to Australia within a period that the Secretary considers appropriate; and

(ii) it is likely that, within a period that the Secretary considers appropriate, the Secretary will be required by subsection 102E(1) to revoke the departure prohibition order in respect of the person; and

(b) that it is not necessary for the person to give security under section 102J for the person's return to Australia.

(3) If the Secretary is not satisfied as mentioned in subsection (2), the Secretary must issue the departure authorisation certificate if:

(a) the person has given security under section 102J for the person's return to Australia; or

(b) if the person is unable to give such security, the Secretary is satisfied:

(i) that the certificate should be issued on humanitarian grounds; or

(ii) that refusing to issue the certificate will be detrimental to Australia's interests.

102J Security for person's return to Australia

(1) A person may give such security as the Secretary considers appropriate by bond, deposit or any other means, for the person's return to Australia by such day as is agreed by the person and the Secretary and is specified in the departure authorisation certificate.

(2) The Secretary may substitute a later day for the day mentioned in subsection (1):

(a) on application by the person in a form approved by the Secretary; or

(b) on the Secretary's own initiative.

(3) The Secretary may refuse an application by a person to substitute a later day if:

(a) the person refuses to increase the value of the security already given to a level that the Secretary considers appropriate; or

(b) the person refuses to give such further security as the Secretary considers appropriate; or

(c) the Secretary considers that it would not be appropriate to substitute the later day.

102K What departure authorisation certificate must authorise

(1) A departure authorisation certificate in respect of a person must authorise the departure of the person on or before the seventh day after a day specified in the certificate.

(2) The day specified in the certificate must be a day that is after the day on which the certificate is issued, but not more than 7 days after that day.

102L Notification requirements for departure authorisation certificates

(1) If the Secretary issues a departure authorisation certificate in respect of a person, the Secretary must, as soon as practicable, give a copy of the certificate to:

(a) the person; and

(b) each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 102C(4) or (5).

(2) If:

(a) a person makes an application under section 102G for a departure authorisation certificate; and

(b) the Secretary refuses to issue the certificate;

the Secretary must give notice of the refusal to the person.

(3) The notice must be in a form approved by the Secretary and must be given as soon as practicable after the refusal.

102M Notification requirements for substituted days

(1) If, under section 102J, the Secretary substitutes a later day for a person's return to Australia, the Secretary must give notice of that decision to:

(a) the person; and

(b) each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 102C(4) or (5).

(2) If:

(a) a person makes an application under paragraph 102J(2)(a) to substitute a later day for the person's return to Australia; and

(b) the Secretary refuses the application;

the Secretary must give notice of the refusal to the person.

(3) A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision E - Appeals and review in relation to departure prohibition orders and departure authorisation certificates

102N Appeals to courts against making of departure prohibition orders

(1) A person aggrieved by the making of a departure prohibition order may appeal to the Federal Court of Australia or the Federal Circuit Court of Australia against the making of the order.

(2) This section has effect subject to Chapter III of the Constitution.

102P Jurisdiction of courts

The jurisdiction of a court under section 102N must be exercised by a single Judge.

102Q Orders of court on appeal

A court hearing an appeal under section 102N against the making of a departure prohibition order may, in its discretion:

(a) make an order setting aside the order; or

(b) dismiss the appeal.

102R Review of decisions

(1) Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary under section 102E, 102H or 102J.

(2) Despite any provision of Part 5, that Part does not apply in relation to any decision of the Secretary under this Division.

Subdivision F - Enforcement

102S Powers of officers of Customs and members of the Australian Federal Police

(1) This section applies if an officer (within the meaning of the Customs Act 1901), or a member of the Australian Federal Police, believes on reasonable grounds that:

(a) a person is about to depart from Australia for a foreign country; and

(b) a departure prohibition order in respect of the person is in force; and

(c) the person's departure is not authorised by a departure authorisation certificate.

(2) The officer or member may:

(a) take such steps as are reasonably necessary to prevent the person's departure, including, but not limited to, steps to prevent the person going on board, or to remove the person from, a vessel or aircraft in which the officer or member believes on reasonable grounds the departure will take place; and

(b) require the person to answer questions or produce documents to the officer or member for the purposes of working out whether:

(i) a departure prohibition order in respect of the person is in force; and

(ii) if such an order in respect of the person is in force - whether the person's departure is authorised by a departure authorisation certificate.

(3) A person commits an offence if:

(a) the person is subject to a requirement under paragraph (2)(b); and

(b) the person refuses or fails to comply with the requirement.

Penalty: 30 penalty units.

(4) Subsection (3) does not apply if the person answers the question or produces the document to the extent that the person is capable of answering the question or producing the document.

Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4): see subsection 13.3(3) of the Criminal Code.

102T Privilege against self-incrimination

(1) An individual is not excused from answering a question, or producing a document, under paragraph 102S(2)(b) on the ground that the answer to the question or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

(2) However:

(a) the answer given or document produced; and

(b) answering the question or producing the document; and

(c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question or producing the document;

are not admissible in evidence against the individual in any criminal proceedings, other than proceedings under section 137.1 or 137.2 of the Criminal Code in relation to answering the question or producing the document.

102U Production of authority to depart

(1) If:

(a) a departure prohibition order in respect of a person is in force; and

(b) the person is about to depart from Australia for a foreign country; and

(c) the person's departure is authorised by a departure authorisation certificate;

an officer (within the meaning of the Customs Act 1901), or a member of the Australian Federal Police, may request the person to give a copy of the certificate to the officer or member for inspection.

(2) A person commits an offence of strict liability if:

(a) an officer (within the meaning of the Customs Act 1901), or a member of the Australian Federal Police, has made a request of the person under subsection (1); and

(b) the person refuses or fails to comply with the request.

Penalty for contravention of this subsection: 5 penalty units.

Subdivision G - Interpretation

102V Interpretation - departure from Australia for foreign country

A reference in this Division to the departure of a person from Australia for a foreign country is a reference to the departure of the person from Australia for a foreign country, whether or not the person intends to return to Australia.

102W Meaning of Australia

For the purposes of this Division, Australia , when used in a geographical sense, includes the external Territories.

4   Part 5 (after the heading)

Insert:

Note: This Part does not apply in relation to any decision of the Secretary under Division 5 of Part 4 (about departure prohibition orders).

Paid Parental Leave Act 2010

5   Section 6 (at the end of the definition of Australia)

Add:

Note: In Division 7A of Part 4-3 (about departure prohibition orders), Australia has an extended meaning.

6   Section 6

Insert:

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).

7   Section 164

After:

Division 7 allows the Secretary to waive debts in various circumstances.

insert:

Division 7A deals with when a departure prohibition order, prohibiting a person from departing from Australia for a foreign country, can be made if the person has a debt due to the Commonwealth under this Act.

8   After Division 7 of Part 4-3

Insert:

Division 7A - Departure prohibition orders

Subdivision A - Secretary may make departure prohibition orders

200A Secretary may make departure prohibition orders

(1) The Secretary may make an order (a departure prohibition order ) prohibiting a person from departing from Australia for a foreign country if:

(a) the person has one or more debts to the Commonwealth under this Act; and

(b) there are not arrangements satisfactory to the Secretary for the one or more debts to be wholly paid; and

(c) the Secretary believes on reasonable grounds that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without:

(i) having wholly paid the one or more debts; or

(ii) there being arrangements satisfactory to the Secretary for the one or more debts to be wholly paid.

Matters to be taken into account in making order

(2) Before making an order under this section, the Secretary must have regard to the following matters:

(a) the capacity of the person to pay the one or more debts;

(b) whether any action has been taken to recover any such debt, and the outcome of the recovery action;

(c) the length of time for which any such debt has remained unpaid after the day on which it became due and payable;

(d) such other matters as the Secretary considers appropriate.

Form of order

(3) A departure prohibition order must be in a form approved by the Secretary.

Debts under section 168 disregarded

(4) A debt that a person has under section 168 is to be disregarded for the purposes of this section.

Subdivision B - Departure from Australia of debtors prohibited

200B Departure from Australia of debtors prohibited

A person must not depart from Australia for a foreign country if:

(a) a departure prohibition order in respect of the person is in force, and the person knows that the order is in force, or is reckless as to whether the order is in force; and

(b) the person's departure is not authorised by a departure authorisation certificate, and the person knows that the departure is not authorised by such a certificate, or is reckless as to whether the departure is authorised by such a certificate.

Penalty: Imprisonment for 12 months.

Subdivision C - Other rules for departure prohibition orders

200C Notification requirements for departure prohibition orders

(1) This section applies if the Secretary makes a departure prohibition order in respect of a person.

Notifying person of order

(2) The Secretary must notify the person that the order has been made.

(3) The notice must be in a form approved by the Secretary and must be given as soon as practicable after making the order.

Notifying other persons of order

(4) Unless the Secretary is satisfied that the person is an Australian citizen, the Secretary must give the Secretary of the Department administered by the Immigration Minister a copy of the order, and information likely to facilitate identification of the person, for the purposes of administering the Migration Act 1958.

(5) The Secretary must also give a copy of the order, and information likely to facilitate identification of the person for the purposes of this Division, to such other persons as the Secretary considers appropriate in the circumstances, being persons prescribed by the PPL rules.

(6) The Secretary must give a copy of the order or information under subsection (4) or (5) as soon as practicable after making the order.

200D Operation of departure prohibition order

(1) A departure prohibition order comes into force when it is made, and continues in force until it is revoked, or until it is set aside by a court.

Note: Subdivision E deals with appeals to the Federal Court or the Federal Circuit Court against the making of departure prohibition orders.

(2) However, a departure prohibition order in respect of a person is not in force during any period when a deportation order in respect of the person is in force under the Migration Act 1958.

200E Revocation and variation of departure prohibition orders

(1) The Secretary must revoke a departure prohibition order in respect of a person if:

(a) the person no longer has any debts to the Commonwealth under this Act; or

(b) there are arrangements satisfactory to the Secretary for the one or more debts the person has to the Commonwealth under this Act to be wholly paid; or

(c) the Secretary is satisfied that the one or more debts the person has to the Commonwealth under this Act are completely irrecoverable.

(2) The Secretary may revoke or vary a departure prohibition order in respect of a person if the Secretary considers it desirable to do so.

(3) A revocation or variation, under this section, of a departure prohibition order may be:

(a) on application by the person in a form approved by the Secretary; or

(b) on the Secretary's own initiative.

Debts under section 168 disregarded

(4) A debt that a person has under section 168 is to be disregarded for the purposes of this section.

200F Notification requirements for revocations and variations

(1) If the Secretary revokes or varies a departure prohibition order in respect of a person, the Secretary must give notice of the revocation or variation to:

(a) the person; and

(b) each person to whom a copy of the departure prohibition order was given under subsection 200C(4) or (5).

(2) If:

(a) a person makes an application under paragraph 200E(3)(a) for the revocation or variation of a departure prohibition order; and

(b) the Secretary refuses to revoke or vary the order;

the Secretary must give notice of the refusal to the person.

(3) A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision D - Departure authorisation certificates

200G Application for departure authorisation certificate

(1) A person in respect of whom a departure prohibition order is in force may apply for a certificate (a departure authorisation certificate ) authorising the person to depart from Australia for a foreign country.

(2) The application must be in a form approved by the Secretary.

200H When Secretary must issue departure authorisation certificate

(1) This section applies if a person makes an application under section 200G for a departure authorisation certificate.

(2) The Secretary must issue the departure authorisation certificate if the Secretary is satisfied:

(a) that, if the certificate is issued:

(i) it is likely that the person will depart from Australia and return to Australia within a period that the Secretary considers appropriate; and

(ii) it is likely that, within a period that the Secretary considers appropriate, the Secretary will be required by subsection 200E(1) to revoke the departure prohibition order in respect of the person; and

(b) that it is not necessary for the person to give security under section 200J for the person's return to Australia.

(3) If the Secretary is not satisfied as mentioned in subsection (2), the Secretary must issue the departure authorisation certificate if:

(a) the person has given security under section 200J for the person's return to Australia; or

(b) if the person is unable to give such security, the Secretary is satisfied:

(i) that the certificate should be issued on humanitarian grounds; or

(ii) that refusing to issue the certificate will be detrimental to Australia's interests.

200J Security for person's return to Australia

(1) A person may give such security as the Secretary considers appropriate by bond, deposit or any other means, for the person's return to Australia by such day as is agreed by the person and the Secretary and is specified in the departure authorisation certificate.

(2) The Secretary may substitute a later day for the day mentioned in subsection (1):

(a) on application by the person in a form approved by the Secretary; or

(b) on the Secretary's own initiative.

(3) The Secretary may refuse an application by a person to substitute a later day if:

(a) the person refuses to increase the value of the security already given to a level that the Secretary considers appropriate; or

(b) the person refuses to give such further security as the Secretary considers appropriate; or

(c) the Secretary considers that it would not be appropriate to substitute the later day.

200K What departure authorisation certificate must authorise

(1) A departure authorisation certificate in respect of a person must authorise the departure of the person on or before the seventh day after a day specified in the certificate.

(2) The day specified in the certificate must be a day that is after the day on which the certificate is issued, but not more than 7 days after that day.

200L Notification requirements for departure authorisation certificates

(1) If the Secretary issues a departure authorisation certificate in respect of a person, the Secretary must, as soon as practicable, give a copy of the certificate to:

(a) the person; and

(b) each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 200C(4) or (5).

(2) If:

(a) a person makes an application under section 200G for a departure authorisation certificate; and

(b) the Secretary refuses to issue the certificate;

the Secretary must give notice of the refusal to the person.

(3) The notice must be in a form approved by the Secretary and must be given as soon as practicable after the refusal.

200M Notification requirements for substituted days

(1) If, under section 200J, the Secretary substitutes a later day for a person's return to Australia, the Secretary must give notice of that decision to:

(a) the person; and

(b) each person to whom a copy of the departure prohibition order in respect of the person was given under subsection 200C(4) or (5).

(2) If:

(a) a person makes an application under paragraph 200J(2)(a) to substitute a later day for the person's return to Australia; and

(b) the Secretary refuses the application;

the Secretary must give notice of the refusal to the person.

(3) A notice under this section must be in a form approved by the Secretary and must be given as soon as practicable after the decision concerned is made.

Subdivision E - Appeals and review in relation to departure prohibition orders and departure authorisation certificates

200N Appeals to courts against making of departure prohibition orders

(1) A person aggrieved by the making of a departure prohibition order may appeal to the Federal Court or the Federal Circuit Court against the making of the order.

(2) This section has effect subject to Chapter III of the Constitution.

200P Jurisdiction of courts

The jurisdiction of a court under section 200N must be exercised by a single Judge.

200Q Orders of court on appeal

A court hearing an appeal under section 200N against the making of a departure prohibition order may, in its discretion:

(a) make an order setting aside the order; or

(b) dismiss the appeal.

200R Review of decisions

(1) Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary under section 200E, 200H or 200J.

(2) Despite any provision of Chapter 5, that Chapter does not apply in relation to any decision of the Secretary under this Division.

Subdivision F - Enforcement

200S Powers of officers of Customs and members of the Australian Federal Police

(1) This section applies if an officer (within the meaning of the Customs Act 1901), or a member of the Australian Federal Police, believes on reasonable grounds that:

(a) a person is about to depart from Australia for a foreign country; and

(b) a departure prohibition order in respect of the person is in force; and

(c) the person's departure is not authorised by a departure authorisation certificate.

(2) The officer or member may:

(a) take such steps as are reasonably necessary to prevent the person's departure, including, but not limited to, steps to prevent the person going on board, or to remove the person from, a vessel or aircraft in which the officer or member believes on reasonable grounds the departure will take place; and

(b) require the person to answer questions or produce documents to the officer or member for the purposes of working out whether:

(i) a departure prohibition order in respect of the person is in force; and

(ii) if such an order in respect of the person is in force - whether the person's departure is authorised by a departure authorisation certificate.

(3) A person commits an offence if:

(a) the person is subject to a requirement under paragraph (2)(b); and

(b) the person refuses or fails to comply with the requirement.

Penalty: 30 penalty units.

(4) Subsection (3) does not apply if the person answers the question or produces the document to the extent that the person is capable of answering the question or producing the document.

Note: A defendant bears an evidential burden in relation to the matters mentioned in subsection (4): see subsection 13.3(3) of the Criminal Code.

200T Privilege against self-incrimination

(1) An individual is not excused from answering a question, or producing a document, under paragraph 200S(2)(b) on the ground that the answer to the question or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

(2) However:

(a) the answer given or document produced; and

(b) answering the question or producing the document; and

(c) any information, document or thing obtained as a direct or indirect consequence of the answering of the question or producing the document;

are not admissible in evidence against the individual in any criminal proceedings, other than proceedings under section 137.1 or 137.2 of the Criminal Code in relation to answering the question or producing the document.

200U Production of authority to depart

(1) If:

(a) a departure prohibition order in respect of a person is in force; and

(b) the person is about to depart from Australia for a foreign country; and

(c) the person's departure is authorised by a departure authorisation certificate;

an officer (within the meaning of the Customs Act 1901), or a member of the Australian Federal Police, may request the person to give a copy of the certificate to the officer or member for inspection.

(2) A person commits an offence of strict liability if:

(a) an officer (within the meaning of the Customs Act 1901), or a member of the Australian Federal Police, has made a request of the person under subsection (1); and

(b) the person refuses or fails to comply with the request.

Penalty for contravention of this subsection: 5 penalty units.

Subdivision G - Interpretation

200V Interpretation - departure from Australia for foreign country

A reference in this Division to the departure of a person from Australia for a foreign country is a reference to the departure of the person from Australia for a foreign country, whether or not the person intends to return to Australia.

200W Meaning of Australia

For the purposes of this Division, Australia , when used in a geographical sense, includes the external Territories.

9   Chapter 5 (after the heading)

Insert:

Note: This Chapter does not apply in relation to any decision of the Secretary under Division 7A of Part 4-3 (about departure prohibition orders).

Social Security Act 1991

10   Subsection 23(1) (definition of Australia, before the note)

Insert:

Note 1: In Part 5.5 of Chapter 5 (about departure prohibition orders), Australia has an extended meaning.

11   Subsection 23(1) (note at the end of the definition of Australia)

Omit "Note", substitute "Note 2".

12   Subsection 23(1)

Insert:

departure authorisation certificatemeans a certificate under Division 4 of Part 5.5.

departure prohibition order means an order under Division 1 of Part 5.5 (including such an order varied under Division 3 of that Part).

13   At the end of Chapter 5

Add:

Part 5.5 - Departure prohibition orders

Division 1 - Secretary may make departure prohibition orders

1240 Secretary may make departure prohibition orders

(1) The Secretary may make an order (a departure prohibition order ) prohibiting a person from departing from Australia for a foreign country if:

(a) the person has one or more debts to the Commonwealth under the social security law; and

(b) there are not arrangements satisfactory to the Secretary for the one or more debts to be wholly paid; and

(c) the Secretary believes on reasonable grounds that it is desirable to make the order for the purpose of ensuring that the person does not depart from Australia for a foreign country without:

(i) having wholly paid the one or more debts; or

(ii) there being arrangements satisfactory to the Secretary for the one or more debts to be wholly paid.

Matters to be taken into account in making order

(2) Before making an order under this section, the Secretary must have regard to the following matters:

(a) the capacity of the person to pay the one or more debts;

(b) whether any action has been taken to recover any such debt, and the outcome of the recovery action;

(c) the length of time for which any such debt has remained unpaid after the day on which it became due and payable;

(d) such other matters as the Secretary considers appropriate.

Form of order

(3) A departure prohibition order must be in a form approved by the Secretary.

Division 2 - Departure from Australia of debtors prohibited

1241 Departure from Australia of debtors prohibited

A person must not depart from Australia for a foreign country if:

(a) a departure prohibition order in respect of the person is in force, and the person knows that the order is in force, or is reckless as to whether the order is in force; and

(b) the person's departure is not authorised by a departure authorisation certificate, and the person knows that the departure is not authorised by such a certificate, or is reckless as to whether the departure is authorised by such a certificate.

Penalty: Imprisonment for 12 months.

Division 3 - Other rules for departure prohibition orders

1242 Notification requirements for departure prohibition orders

(1) This section applies if the Secretary makes a departure prohibition order in respect of a person.

Notifying person of order

(2) The Secretary must notify the person that the order has been made.

(3) The notice must be in a form approved by the Secretary and must be given as soon as practicable after making the order.

Notifying other persons of order

(4) Unless the Secretary is satisfied that the person is an Australian citizen, the Secretary must give the Secretary of the Department administered by the Minister administering the Migration Act 1958 a copy of the order, and information likely to facilitate identification of the person, for the purposes of administering that Act.

(5) The Secretary must also give a copy of the order, and information likely to facilitate identification of the person for the purposes of this Part, to such other persons as the Secretary considers appropriate in the circumstances, being persons declared in an instrument under subsection (6).

(6) The Secretary may, by legislative instrument, declare persons for the purposes of subsection (5).

(7) The Secretary must give a copy of the order or information under subsection (4) or (5) as soon as practicable after making the order.

1243 Operation of departure prohibition order

(1) A departure prohibition order comes into force when it is made, and continues in force until it is revoked, or until it is set aside by a court.

Note: Division 5 deals with appeals to the Federal Court of Australia or the Federal Circuit Court of Australia against the making of departure prohibition orders.

(2) However, a departure prohibition order in respect of a person is not in force during any period when a deportation order in respect of the person is in force under the Migration Act 1958.

1244 Revocation and variation of departure prohibition orders

(1) The Secretary must revoke a departure prohibition order in respect of a person if:

(a) the person no longer has any debts to the Commonwealth under the social security law; or

(b) there are arrangements satisfactory to the Secretary for the one or more debts the person has to the Commonwealth under the social security law to be wholly paid; or

(c) the Secretary is satisfied that the one or more debts the person has to the Commonwealth under the social security law are completely irrecoverable.

(2) The Secretary may revoke or vary a departure prohibition order in respect of a person if the Secretary considers it desirable to do so.

(3) A revocation or variation, under this section, of a departure prohibition order may be:

(a) on application by the person in a form approved by the Secretary; or

(b) on the Secretary's own initiative.

1245 Notification requirements for revocations and variations

(1) If the Secretary revokes or varies a departure prohibition order in respect of a person, the Secretary must give notice of the revocation or variation to:

(a) the person; and