Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 111, 2015
Compilation No. 3
Compilation date: 27 November 2020
Includes amendments up to: Act No. 107, 2020
Registered: 3 December 2020
About this compilation
This compilation
This is a compilation of the Business Services Wage Assessment Tool Payment Scheme Act 2015 that shows the text of the law as amended and in force on 27 November 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline of this Act
3A Constitutional basis
3B Principles for nominees
Part 2--Key elements of BSWAT payment scheme
5 Simplified outline of this Part
6 Eligibility
7 Definition of intellectual impairment
8A Indexation
9 Effect on representative proceedings
10 Effect on certain claims
11 Evidence of eligibility
Part 3--How to obtain a payment under the BSWAT payment scheme
Division 1--Simplified outline of this Part
12 Simplified outline of this Part
Division 2--Registration and application
13 Registration
14 When a person cannot be included on the register
15 Application
16 When a person cannot make an application
Division 3--Determinations, offers and refusals
17 Determination of application
18 Certain applications must not be determined
19 Offer
20 Refusal
21 Certain circumstances in which offers and refusals cannot be given
22 Extensions
Division 4--Internal review
23 Internal review at Secretary's initiative
24 Internal review on application
25 Withdrawal of application for internal review
Division 5--External review
26 Application for external review
27 Appointing external reviewer
28 External review
29 Material that may be considered by external reviewer
30 External reviewer may request Secretary to seek further information
31 Withdrawal of application for external review
32 Notice of decision on external review
Division 6--Determinations made on a review
33 Substituting determinations on a review
34 Effect of review on previous offer or refusal
Division 7--Accepting an offer
35 Accepting an offer
36 Legal advice certificate
37 Financial counselling certificate
39 Notice to Federal Court
40 Payment of amount
41 Declining an offer
Part 4--Nominees
Division 1--Introduction
42 Simplified outline of this Part
43 Definition of participant
44 Act that may be done
Division 2--Functions and responsibilities of nominee
45 Actions on behalf of participant
46 Duties of nominee to participant
47 Giving of notices to nominee
48 Compliance by nominee
49 Nominee to inform Secretary of matters affecting ability to act as nominee
Division 3--Appointment and cancellation or suspension of appointment
50 Appointment of nominee
51 Provisions relating to appointments
52 Circumstances in which the Secretary must cancel appointment of nominees
53 General circumstances in which Secretary may cancel or suspend appointment of nominees
54 Suspension etc. of appointment of nominees in cases of physical, mental or financial harm
55 Other matters relating to cancellation or suspension of appointment
56 Rules may prescribe requirements etc.
57 Secretary's powers of revocation
Division 4--Review of certain decisions about nominees
58 Review of certain decisions about nominees
59 Application for review
60 Withdrawal of application
61 Review of decisions following application under section 59
62 Notice and date of effect
Division 5--Other matters relating to nominees
63 Secretary's powers to give notices to participant
64 Notification of nominee where notice is given to participant
65 Protection of participant against liability for actions of nominee
66 Protection of nominee against criminal liability
Part 5--Administration
Division 1--Introduction
67 Simplified outline of this Part
Division 2--Information gathering
68 Further information from applicant
69 General power to obtain information
70 Power to obtain information from a person who owes a debt to the Commonwealth
71 Obtaining information about a person who owes a debt to the Commonwealth
72 Written notice
73 Offence
74 Obligations not affected by State or Territory laws
Division 3--Privacy
75 Protection of information
76 Offence--unauthorised access to protected information
77 Offence--unauthorised use or disclosure of protected information
78 Offence--soliciting disclosure of protected information
79 Offence--offering to supply protected information
80 Protection of certain documents etc. from production to court etc.
81 Disclosure of information by Secretary
82 Rules for exercise of Secretary's disclosure powers
83 Part does not affect the operation of the Freedom of Information Act 1982
Division 4--Debt recovery
84 Debts due to the Commonwealth
85 Joint and several liability for debts arising because of false and misleading statements
86 Legal proceedings
87 Arrangement for payment of debt
88 Recovery of amounts from financial institutions
89 Overseas application of debts
Division 5--Non-recovery of debts
90 Secretary may write off debt
91 Power to waive Commonwealth's right to recover debt
92 Waiver of debt arising from error
93 Waiver of small debt
94 Waiver in relation to settlements
95 Waiver in special circumstances
Part 6--Miscellaneous
96 Simplified outline of this Part
97 Effect of person's death
98 No admissions
98A Certain administrative matters
99 Standing appropriation
100 Delegation
101 Approved forms
102 Rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Business Services Wage Assessment Tool Payment Scheme Act 2015 | 111, 2015 | 30 June 2015 | 1 July 2015 (s 2) |
|
Business Services Wage Assessment Tool Payment Scheme Amendment Act 2016 | 21, 2016 | 18 Mar 2016 | Sch 1: 1 Apr 2016 (s 2(1) item 2) | Sch 1 (items 37-45) |
104, 2020 | 20 Nov 2020 | Sch 1 (items 13, 66): 1 Feb 2020 (s 2(1) item 2) | Sch 1 (item 66) | |
Social Services and Other Legislation Amendment (Omnibus) Act 2020 | 107, 2020 | 26 Nov 2020 | Sch 2 (items 3, 4, 9): 27 Nov 2020 (s 2(1) item 2) | Sch 2 (item 9) |
Provision affected | How affected |
Part 1 |
|
s 3..................... | am No 21, 2016 |
s 4..................... | am No 21, 2016; No 104, 2020 |
Part 2 |
|
s 6..................... | am No 21, 2016 |
s 8..................... | am No 21, 2016 |
Part 3 |
|
Division 1 |
|
s 12.................... | am No 21, 2016 |
Division 2 |
|
s 13.................... | am No 21, 2016 |
s 14.................... | am No 21, 2016 |
s 15.................... | am No 21, 2016 |
s 16.................... | am No 21, 2016 |
Division 3 |
|
s 18.................... | am No 21, 2016 |
s 19.................... | am No 21, 2016 |
s 21.................... | am No 21, 2016 |
s 22.................... | am No 21, 2016 |
Division 4 |
|
s 23.................... | am No 21, 2016 |
s 24.................... | am No 21, 2016 |
Division 5 |
|
s 28.................... | am No 21, 2016 |
Division 7 |
|
s 36.................... | am No 21, 2016 |
s 38.................... | am No 21, 2016 |
Part 5 |
|
Division 2 |
|
s 69.................... | am No 21, 2016 |
Division 3 |
|
s 80.................... | am No 107, 2020 |
s 81.................... | am No 107, 2020 |
Part 6 |
|
s 97.................... | rs No 21, 2016 |
s 100................... | am No 21, 2016 |