Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Transitional provisions relating to employer determinations under the Paid Parental Leave Act 2010
1 Employer determination made where expected or actual date of birth is before 1 July 2011
(1) The Paid Parental Leave Act 2010 applies, with the modifications set out in this item, in relation to a person who has made a claim for parental leave pay for a child, if:
(a) for a claim made before the day the child is born--the expected date of birth of the child is before 1 July 2011; or
(b) for a claim made after the child is born--the day the child is born is before 1 July 2011.
Note: For a claim made before the day the child is born, see subitem ( 9) if the expected date of birth of the child is before 1 July 2011, but the child is born on or after that date.
(2) Section 101 of that Act (and the other provisions of that Act so far as they relate to that section) applies in relation to the person as if subsections ( 1) and (2) of that section were omitted and the following subsection substituted:
(1) The Secretary must make a determination under this section (the employer determination ) that a person's employer is to pay the person instalments if the Secretary is satisfied, when making the determination, that:
(a) a payability determination that parental leave pay is payable to the person, or an initial eligibility determination for the person, is in force; and
(b) the employer has made an election under section 109 that applies to the person; and
(c) the person has consented in the claim to the employer paying instalments to the person; and
(d) the person is likely to be an Australian - based employee of the employer during whichever of the following periods applies:
(i) if the Secretary has made a payability determination that parental leave pay is payable to the person--the person's PPL period;
(ii) otherwise--the period of days for which instalments are likely, if the determination is made, to be payable to the person by the employer; and
(e) the employer has an ABN; and
(f) if paragraphs ( b) to (e) are satisfied in relation to more than one employer of the person--the person nominated the employer in the claim as the employer who would be required to pay instalments to the person.
(3) For the purposes of this item, an employer determination made under subsection 101(1), as that subsection applies because of subitem ( 2) of this item, is a transitional employer determination .
(4) The following provisions of that Act do not apply in relation to a transitional employer determination:
(a) section 103 (which deals with responding to a notice of an employer determination);
(b) subsection 107(2) (which deals with when an employer determination comes into force);
(c) subsections 207(3) and 224(1) (which deal with applying for review of employer determination decisions).
(5) Within 14 days after the date of the notice given under section 102 of that Act in relation to the transitional employer determination, the employer may give the Secretary a written notice (the acceptance notice ) that complies with section 104 of that Act.
(6) If the employer gives the acceptance notice to the Secretary within that 14 day period, the transitional employer determination comes into force on the day the Secretary receives the acceptance notice.
(7) If the employer does not give the acceptance notice to the Secretary within that 14 day period, the following paragraphs have effect:
(a) the Secretary must revoke the transitional employer determination;
(b) the revocation comes into force on the day of the revocation;
(c) to avoid doubt, subsection 108(5) of that Act (which deals with giving notice of the revocation) applies in relation to the revocation.
(8) The Secretary may extend the 14 day period referred to in subitem ( 5) in relation to an employer. If the Secretary does so, subitems ( 6) and (7) have effect accordingly.
(9) Despite paragraph ( 1)(a) and subitem ( 2) of this item, if the person's child is born on or after 1 July 2011, then the following paragraphs have effect:
(a) the Secretary may make an employer determination for the person and the person's employer under section 101 of the Paid Parental Leave Act 2010 , as that section a pplies apart from this item;
(b) if the Secretary does so and has previously made a transitional employer determination for the person and the employer, the Secretary is taken never to have made the transitional employer determination.
(10) The following provisions of the Paid Parental Leave Act 2010 , apply in relation to this item as if it were a provision of that Act:
(a) section 275 (which deals with how that Act applies to an adopted child);
(b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances).
2 Employer determination made where expected date of birth is on or after 1 July 2011 but child born before that date
(1) This item applies if:
(a) the Secretary makes an employer determination for an employer and a person under the Paid Parental Leave Act 2010 ; and
(b) the person's claim is made before the day the child is born; and
(c) the expected date of birth of the child is on or after 1 July 2011; and
(d) the child is born before 1 July 2011; and
(e) the person's employer has not made an election under section 109 of that Act that applies to the person.
(2) If, after the employer determination is made, the Secretary makes a payability determination that parental leave pay is payable to the person for the child, the notice given to the employer under section 113 of that Act must:
(a) state the day the child was born; and
(b) be dated as at the date the preparation of the notice was completed; and
(c) contain a statement to the effect that the employer determination will be revoked, unless the employer:
(i) agrees to being required to pay instalments to the person, even though the child was born before 1 July 2011; and
(ii) gives the Secretary a written notice indicating that agreement within 14 days of the date referred to in paragraph ( b).
(3) If the employer does not give the notice referred to in subparagraph ( 2)(c)(ii) to the Secretary within that 14 day period, the following paragraphs have effect:
(a) the Secretary must revoke the employer determination;
(b) the revocation comes into force on the day of the revocation;
(c) to avoid doubt, subsection 108(5) of that Act (which deals with giving notice of the revocation) applies in relation to the revocation;
(d) section 103 of that Act (which deals with responding to a notice of an employer determination) is taken to have never applied in relation to the employer determination.
(4) The following provisions of that Act apply in relation to this item as if it were a provision of that Act:
(a) section 275 (which deals with how that Act applies to an adopted child);
(b) section 276 (which deals with how that Act applies to claims made in exceptional circumstances).
Part 2 -- Other transitional provisions
3 Eligibility for baby bonus
The amendments of section 36 of the A New Tax System (Family Assistance) Act 1999 made by this Act do not affect :
(a) an individual 's eligibility under subsection 36(2) of that Act for baby bonus in respect of a child who was born before 1 January 2011; or
(b) an individual 's eligibility under subsection 36( 3 ) of that Act for baby bonus in respect of a child who became entrusted (within the meaning of that Act, as amended by Part 2 of Schedule 3 to the Family Assistance and Other Legislation Amendment Act 2013 ) to the person's care before 1 January 2011; or
(c) an individual 's eligibility under subsection 36(4) of the A New Tax System (Family Assistance) Act 1999 for baby bonus in respect of a child who was delivered before 1 January 2011 ; or
(d) an individual 's eligibility under subsection 36(5) of the A New Tax System (Family Assistance) Act 1999 for baby bonus in respect of a child who became entrusted (within the meaning of that Act, as amended by Part 2 of Schedule 3 to the Family Assistance and Other Legislation Amendment Act 2013 ) to the person's care before 1 January 2011.
4 Eligibility for maternity immunisation allowance
The amendment of section 39 of the A New Tax System (Family Assistance) Act 1999 made by this Act do es not affect an individual 's eligibility under subsection 39(3) of that Act for maternity immunisation allowance in respect of a child who was delivered before 1 January 2011.
5 C laims for family tax benefit, baby bonus or maternity immunisation allowance
(1) The amendments of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Act do not affect a claim for family tax benefit, baby bonus or maternity immunisation allowance made under that Act before 1 October 2010 .
(2) Without limiting subitem ( 1), the amendment of section 47B of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Act does not affect a claim for baby bonus made under that Act before 1 January 2011 .
6 Existing notifications given under section 45 of the Child Support (Registration and Collection) Act 1988
To avoid doubt, if:
(a) a notice was given under section 45 of the Child Support (Registration and Collection) Act 1988 before the commencement of this item instructing an employer to make periodic deductions from a person's salary or wages; and
(b) the notice was in force immediately before that commencement;
the notice continues in force after that commencement as if those salary or wages included the person's instalments of parental leave pay.
7 Application of section 72AD of the Child Support (Registration and Collection) Act 1988 to existing liabilities
To avoid doubt, section 72AD of the Child Support (Registration and Collection) Act 1988 as inserted by this Act applies in relation to:
(a) a liability of a kind referred to in subparagraph ( 1)(b)(i) of that section; or
(b) a debt of a kind referred to in subparagraph ( 1)(b)(ii) of that section;
that existed immediately before the commencement of this item in the same way that it applies to such a liability or debt that comes into existence after that commencement.