House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Minister for Families and Social Services, Senator the Hon Anne Ruston)

Schedule 3 - Technical amendments

Summary

Schedule 3 makes:

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technical amendments to social services legislation to:

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correct errors and anomalies; and

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repeal obsolete provisions; and

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consequential amendments to other Acts.

Background

The amendments made by Schedule 3 are divided into three Parts, each with different commencement provisions.

The amendments made by Part 1 of Schedule 3 ( items 1-125 ) commence the day after Royal Assent.

The provisions that are amended by Part 2 of Schedule 3 ( items 126-147 ) and Part 3 of Schedule 3 ( items 148 and 149 ) have already been amended by the Welfare Reform Act. Some of those Welfare Reform Act amendments commence on 20 September 2020, and others commence on 1 January 2022. The amendments proposed by this Bill to those provisions therefore need to take into account the future commencement of those Welfare Reform Act amendments. This means that Part 2 and Part 3 of Schedule 3 need special commencement provisions:

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Part 2 commences on 1 January 2022, because that is the commencement of the Welfare Reform Act amendments to the provisions amended by Part 2;

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Part 3 commences on 20 September 2020, or the day after Royal Assent (if that is later), because 20 September 2020 is the commencement of the Welfare Reform Act amendments to the provisions amended by Part 3.

Explanation of the changes

Part 1 - Main technical amendments

Income Tax Assessment Act 1936

Item 1 removes a reference to Mature Age Allowance and Mature Age Partner Allowance, which are closed to new recipients and have no ongoing recipients.

Income Tax Assessment Act 1997

Items 2-4 remove provisions relating to the one-off payments to older Australians in 2006, 2007 and 2008. Those provisions are no longer necessary.

Items 5-9 remove references to Mature Age Allowance and Mature Age Partner Allowance, which are closed to new recipients and have no ongoing recipients.

National Disability Insurance Scheme Act

Item 10 corrects a punctuation error.

Social Security Act

Items 11, 12, 14, 15, 17-27, 29-46, 48-52, 66, 73, 75-95 and 99 remove all provisions relating to Mature Age Allowance and Mature Age Partner Allowance, which are closed to new recipients and have no ongoing recipients.

Items 13, 16, 53-65, 67-72 and 74 remove all provisions relating to a 'directed termination payment' within the meaning of section 82-10F of the Income Tax (Transitional Provisions) Act 1997, because that type of payment no longer exists.

Item 28 removes provisions relating to the one-off payments to older Australians in 2006, 2007 and 2008. Those provisions are no longer necessary.

Item 47 amends the note to subsection 1061ZG(1) to update the reference to the maximum portability period for the Commonwealth Seniors Health Card.

Items 96-98 correct duplicated numbering in section 1223.

Item 100 amends subsection 1237(1) to include section 1237AB as a specified provision setting out when the Secretary may waive the Commonwealth's right to recover a debt. Section 1237AB allows the Secretary to waive a class of debts.

Items 101, 103, 104 and 107-117 repeal transitional provisions that no longer apply to any person.

Items 102, 105 and 106 repeal transitional provisions that relate to payments that are now made under the Family Assistance Act and the Family Assistance Administration Act.

Social Security Administration Act

Items 118, 120 and 121 remove provisions relating to the one-off payments to older Australians in 2006, 2007 and 2008. Those provisions are no longer necessary.

Items 119 and 122-124 remove all provisions relating to Mature Age Allowance and Mature Age Partner Allowance, which are closed to new recipients and have no ongoing recipients.

Veterans' Entitlements Act

Item 125 removes provisions relating to Mature Age Allowance and Mature Age Partner Allowance, which are closed to new recipients and have no ongoing recipients.

Part 2 - Amendments commencing 1 January 2022

Social Security Act

Items 126-147 remove provisions relating to Mature Age Allowance and Mature Age Partner Allowance, which are closed to new recipients and have no ongoing recipients.

As outlined above, the commencement of these amendments is tied to the commencement of some provisions of the Welfare Reform Act.

Part 3 - Amendments relating to sickness allowance

Social Security Act

Items 148 and 149 remove provisions relating to Mature Age Allowance and Mature Age Partner Allowance, which are closed to new recipients and have no ongoing recipients.

As outlined above, the commencement of these amendments is tied to the commencement of some provisions of the Welfare Reform Act.