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PAID PARENTAL LEAVE ACT 2010 - SECT 6

The Dictionary

    In this Act:

"ABN" (short for Australian Business Number) has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 .

"acceptance notice" : see section   103.

"ADI" (short for authorised deposit - taking institution) means a body corporate that is an ADI for the purposes of the Banking Act 1959 .

"adjusted taxable income" : see section   38.

"ART" means the Administrative Review Tribunal.

"ART Act" means the Administrative Review Tribunal Act 2024 .

"ART Principal Registrar" means the Chief Executive Officer and Principal Registrar of the ART.

"ART review" :

  (a)   in relation to an ART reviewable claimant decision--see section   216; and

  (b)   in relation to an ART reviewable employer decision--see section   224.

"ART reviewable claimant decision" : see subsection   215(3).

"ART reviewable employer decision" : see subsection   223(2).

"Australia" , when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

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

"Australian-based employee" means an employee:

  (a)   whose primary place of work is in Australia; or

  (b)   who is employed by an Australian government employer.

"Australian government employer" means:

  (a)   the Commonwealth; or

  (b)   a State; or

  (c)   a Territory; or

  (d)   a body corporate established for a public purpose by or under a law of the Commonwealth, a State or a Territory; or

  (e)   a body corporate:

  (i)   incorporated under a law of the Commonwealth, a State or a Territory; and

  (ii)   in which the Commonwealth, a State or a Territory, has a controlling interest.

"Australian residency test" : see sections   45 and 46.

"Australian resident" has the same meaning as in the Social Security Act.

"Australian travel document" has the same meaning as in the Australian Passports Act 2005 .

"authorised party" , in relation to the adoption of a child, means a person or agency that, under the law of the State, Territory or foreign country whose courts have jurisdiction in relation to the adoption, is authorised to conduct negotiations or arrangements for the adoption of children.

"authorised review officer" means an officer authorised under section   271 to be an authorised review officer for the purposes of this Act.

"bank account" includes an account held with an ADI.

"bank account information" : see subsection   104(2).

"base contribution" : see subsection   115C(2).

"base interest rate" for a day has the same meaning as in section   8AAD of the Taxation Administration Act 1953 .

"birth verification form" : see subsection   18(4).

"born prematurely" : a child is born prematurely if, at the time of the child's delivery, the child's period of gestation is less than 37 weeks.

"business" includes any profession, trade, employment, vocation or calling, but does not include occupation as an employee.

"caring" : see section   47.

"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .

"Chief Executive Medicare" has the same meaning as in the Human Services (Medicare) Act 1973 .

"civil penalty provision" has the same meaning as in the Regulatory Powers Act.

"claim" means a PPL claim or special PPL claim for parental leave pay for a child.

"claimant" means a person who is a PPL claimant or special PPL claimant.

"claimant decision" : see section   206.

"claimant's work cessation day" : see paragraph   33(2A)(c).

"Commissioner" means the Commissioner of Taxation.

"Commonwealth agency" means any of the following:

  (a)   a non - corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 ;

  (b)   any other unincorporated body established for a public purpose by or under a law of the Commonwealth.

"compliance notice" : see subsection   157(3).

"complying superannuation fund" has the same meaning as in the Income Tax Assessment Act 1997 .

"conditional eligibility determination" means a determination of a kind mentioned in paragraph   13(6)(b) or 14(4)(b).

"constitutionally protected fund" has the same meaning as in the Income Tax Assessment Act 1997 .

"continuous flexible period" : see section   71A.

"controls" an entity: see subsection   35(4).

"correspondence nominee" means a person who is appointed as a correspondence nominee under section   281.

"COVID-19 affected claimant" : a person is a COVID-19 affected claimant in relation to a claim for parental leave pay for a child if:

  (a)   either:

  (i)   the child is or was born between 22   March 2020 and 31   March 2021; or

  (ii)   if the claim is made before the child's birth--the child's expected date of birth is during that period; and

  (b)   the person must satisfy the work test to be eligible for parental leave pay; and

  (c)   the Secretary is satisfied that any of the following circumstances apply in relation to the person:

  (i)   the person became unemployed as a result of the adverse effects of the coronavirus known as COVID - 19;

  (ii)   the person's working hours were reduced (including to zero) as a result of the adverse effects of the coronavirus known as COVID - 19;

  (iii)   a business that the person, or an entity that is controlled by the person, carries on for profit and for which the person performs work was suspended, or suffered a reduction in turnover, as a result of the adverse effects of the coronavirus known as COVID - 19; and

  (d)   as a result of that circumstance applying in relation to the person, the person would not satisfy the work test if the person's work test period were the period under section   33.

"COVID-19 Australian Government payment" : see subsection   34(6).

"COVID-19 Australian Government payment period" : see subsection   34(5).

"credit" to an RSA that is a policy (within the meaning of the Life Insurance Act 1995 ) means pay as a premium in relation to the policy.

"daily national minimum wage amount" : see subsection   65(2).

"debt payment arrangement" : see section   190.

"decision" has the same meaning as in the ART Act.

"defence force member" means a member of the Australian Defence Force.

"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).

"effective claim" means a claim that is made in accordance with Part   2 - 4.

"eligible" for parental leave pay: see section   31AA.

"employee" has its ordinary meaning and:

  (a)   includes a reference to a person who is usually such an employee; and

  (b)   does not include a person on a vocational placement.

"employer" has its ordinary meaning and includes a reference to a person who is usually such an employer.

"employer determination" : see section   101.

"employer determination decision" : see section   207.

"employer funding amount decision" : see section   208.

"employer notice" means the later of any one or more of the following notices given to an employer:

  (a)   a notice under section   102;

  (b)   a notice under section   113;

  (c)   a notice under section   114.

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.

"entity" means any of the following:

  (a)   a natural person;

  (b)   a body corporate;

  (c)   a body politic;

  (d)   a partnership;

  (e)   any other unincorporated association or body of persons;

  (f)   a trust.

"exceptional circumstances" : a claim is made in exceptional circumstances if it is made by a person who satisfies:

  (a)   paragraph   54(1)(g) (which deals with PPL claims); or

  (b)   paragraph   54(2)(b) (which deals with special PPL claims).

"Fair Work Act" means the Fair Work Act 2009 .

"Family Assistance Act" means the A New Tax System (Family Assistance) Act 1999 .

"family assistance law" has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999 .

"family PPL income limit" : see subsection   41(2).

"farm household allowance" has the same meaning as in the Farm Household Support Act 2014 .

"Federal Court" means the Federal Court of Australia.

"financial institution" means:

  (a)   an ADI; or

  (b)   the Reserve Bank of Australia; or

  (c)   a person who carries on State banking within the meaning of paragraph   51(xiii) of the Constitution.

"flexible PPL day" : see subsection   11D(1) .

"Foreign Affairs Minister" means the Minister administering the Australian Passports Act 2005 .

"garnishee" , in relation to a garnishee notice: see section   184.

"garnishee notice" : see section   184.

"general interest charge" means the charge worked out under Part   IIA of the Taxation Administration Act 1953 .

"guidance and appeals panel" has the same meaning as in the ART Act.

"guidance and appeals panel application" has the same meaning as in the ART Act.

"guidance and appeals panel proceeding" has the same meaning as in the ART Act.

"has not previously satisfied the work and income tests" : a person has not previously satisfied the work and income tests in relation to a child if both of the following apply:

  (a)   no payability determination is in force that parental leave pay is payable to the person in relation to the child;

  (b)   no conditional eligibility determination is in force that relates to the person and child.

"holder" , of a visa, has the same meaning as in the Migration Act 1958 .

"Home Affairs Minister" means the Minister administering the Australian Security Intelligence Organisation Act 1979 .

"Human Services Department" means Services Australia.

"Human Services Secretary" means the Chief Executive Officer of Services Australia.

"income support payment" has the same meaning as in section   23 of the Social Security Act.

"income test" : see section   37.

"income year" has the same meaning as in the Income Tax Assessment Act 1997 .

"indexation day" : see subsection   42(1).

"indexation factor" : see subsection   43(1).

"indexed amount" : see subsection   42(3).

"individual PPL income limit" : see subsection   41(1).

"initial eligibility determination" : see section   26A.

"insolvent" : a person is insolvent if:

  (a)   for a natural person--the person is an insolvent under administration; and

  (b)   for a person that is or was a body corporate:

  (i)   the person is a Chapter   5 body corporate (within the meaning of the Corporations Act 2001 ) or an entity with a similar status under a law of a foreign country; or

  (ii)   a provisional liquidator has been appointed in relation to the person under section   472 of the Corporations Act 2001 ; or

  (iii)   a person with a similar status to a provisional liquidator has been appointed in relation to the person under a law of a foreign country.

"instalment" means an instalment of parental leave pay.

"instalment period" for a person: see section   64.

"interest charge rate" : see section   177.

"jobkeeper payment" : see subsection   34(4).

"jobkeeper payment" period : see subsection   34(3).

"law enforcement officer" means:

  (a)   a member of a police force or police service of the Commonwealth, a State or a Territory; or

  (b)   a person appointed to a position for the purposes of being trained as a member of a police force or police service of the Commonwealth, a State or a Territory; or

  (c)   a person who has the powers and duties of a member of a police force or police service of the Commonwealth, a State or a Territory;

and, without limiting paragraphs   (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer.

"legal personal representative" of a person who has died means an executor or administrator of the person's estate.

"minimum amount" for a PPL funding amount: see subsection   76(2).

"national minimum wage order" has the same meaning as in the Fair Work Act.

"nominal interest rate amount" : see subsection   115C(5).

"nominee" means a correspondence nominee or a payment nominee.

"officer" means a person performing duties, or exercising powers or functions, under or in relation to this Act.

"original debt" : see section   184.

"original debtor" : see section   184.

"paid enough" to fund an instalment: see section   73.

"paid work" : see section   35.

"parent" :

  (a)   when used in relation to a child who has been adopted--means an adoptive parent of the child; and

  (b)   when used in relation to a child born because of the carrying out of an artificial conception procedure--means a person who is a parent of the child under section   60H of the Family Law Act 1975 ; and

  (c)   when used in relation to a child born because of a surrogacy arrangement--includes a person who is a parent of the child under section   60HB of the Family Law Act 1975 .

"parental leave pay" means payments of parental leave pay under this Act.

"partner" has the same meaning as in the Social Security Act.

"payability determination" means a determination made under section   13 or 14 that parental leave pay is, or is not, payable to a person for a child.

"pay cycle information" : see subsection   104(3).

"payday" for an instalment: see section   64.

"payment date" means:

  (a)   for a PPL superannuation contribution--the date worked out in accordance with the PPL rules made for the purposes of section   115H; or

  (b)   for an underpaid amount of a PPL superannuation contribution--the date worked out in accordance with the PPL rules made for the purposes of section   115M.

"payment nominee" means a person who is appointed as a payment nominee under section   280.

"payroll cut-off" for an instalment that is payable to a person means the last day on which the person's employer can reasonably make changes to the instalment to be paid to, or in relation to, the person on the person's payday for the instalment.

"permanent visa" has the same meaning as in the Migration Act 1958 .

"permissible break" : see subsection   36(1).

"PPL" is short for paid parental leave.

"PPL agency" means:

  (a)   the Department; or

  (b)   the Human Services Department.

"PPL agency representative" means:

  (a)   for the Department--the Secretary; or

  (b)   for the Human Services Department--the Chief Executive Centrelink or the Chief Executive Medicare.

"PPL claim" : see subsection   53(2).

"PPL claimant" means a person who has made an effective PPL claim for parental leave pay for a child.

"PPL funding amount" : see subsection   75(1).

"PPL requirement" : see subsection   287(6).

"PPL rules" (short for Paid Parental Leave Rules) means the rules made by the Minister under section   298.

"PPL superannuation contribution" (short for Paid Parental Leave superannuation contribution) means a PPL superannuation contribution payable under section   115B.

"principal" in relation to a nominee, means the person in relation to whom the nominee was appointed.

"protected information" means:

  (aa)   information about a person that is or was held in the records of the Department; or

  (ab)   information about a person that is or was held in the records of the Human Services Department within the meaning of this Act as in force at any time; or

  (a)   information about a person that was held in the records of the Commonwealth Services Delivery Agency (within the meaning of the Commonwealth Services Delivery Agency Act 1997 as in force before 1   July 2011); or

  (b)   information about a person obtained by an officer under this Act that was held in the records of Medicare Australia (within the meaning of the Medicare Australia Act 1973 as in force before 1   July 2011); or

  (c)   information to the effect that there is no information about a person held in the records of a PPL agency.

"provider" of an RSA has the same meaning as in the Retirement Savings Accounts Act 1997 .

"provisional indexed amount" : see section   42.

"qualifying period" : see section   32.

"qualifying work" : see section   34.

"reference income year" : see section   39.

"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .

"relevant family PPL income limit" : see subsection   40(2).

"relevant individual PPL income limit" : see subsection   40(1).

"resides in Australia" has the same meaning as in the Social Security Act.

"RSA" has the same meaning as in the Retirement Savings Accounts Act 1997 .

"saved amount" : see subsection   97(2).

"Secretary" means the Secretary of the Department.

"security notice" means a notice under section   278C.

"SG charge percentage" : see subsection   115C(4).

"Social Security Act" means the Social Security Act 1991 .

"social security benefit" has the same meaning as in the Social Security Act.

"social security law" has the same meaning as in the Social Security Act.

"social security pension" has the same meaning as in the Social Security Act.

"special category visa" has the same meaning as in the Migration Act 1958 .

"special PPL claim" : see subsection   53(3).

"special PPL claimant" means a person who has made an effective special PPL claim for parental leave pay for a child for which another person has made a PPL claim.

"stillborn" , in relation to a child, means a child:

  (a)   who weighs at least 400 grams at delivery or whose period of gestation was at least 20 weeks; and

  (b)   who has not breathed since delivery; and

  (c)   whose heart has not beaten since delivery.

"subject to review" : an employer determination is subject to review until:

  (a)   any applicable time limits for applying for a review (however described) or lodging an appeal (however described) of or in relation to the determination have expired; and

  (b)   if there is such a review or appeal of or in relation to the determination--the review or appeal (and any later reviews or appeals) have been finally disposed of.

"Superannuation Holding Accounts Special Account" means the Superannuation Holding Accounts Special Account continued in existence by section   8 of the Small Superannuation Accounts Act 1995 .

"superannuation provider" means:

  (a)   the trustee of a complying superannuation fund; or

  (b)   the provider of an RSA; or

  (c)   the trustee of a constitutionally protected fund.

"taxation officer" means a person who is a taxation officer within the meaning of subsection   355 - 30(2) in Schedule   1 to the Taxation Administration Act 1953 .

"tax file number" has the same meaning as in section   202A of the Income Tax Assessment Act 1936 .

" tax file number statement" : see subsection   59(1).

"this Act" includes the PPL rules and the regulations.

"transfer day" : see subsections   84(3), (4) and (5).

"trustee" of a superannuation fund, or constitutionally protected fund, means:

  (a)   if there is a trustee (within the ordinary meaning of that expression) of the fund--the trustee; or

  (b)   otherwise--the person who manages the fund.

"underpaid amount" of a PPL superannuation contribution has the meaning given by subsection   115K(2).

"verifies" a child's birth: see section   18.

"veteran payment" means a veteran payment made under an instrument made under section   45SB of the Veterans' Entitlements Act 1986 .

"vocational placement" means a placement that is:

  (a)   undertaken with an employer for which a person is not entitled to be paid any remuneration; and

  (b)   undertaken as a requirement of an education or training course; and

  (c)   authorised under a law or an administrative arrangement of the Commonwealth, a State or a Territory.

"week day" means a day that is not a Saturday or a Sunday.

"working day" means a day that is not a Saturday, a Sunday or a public holiday.

"work test" : see Division   3 of Part   2 - 3.

"work test period" : see sections   33 and 33A.



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