Commonwealth Consolidated Acts

SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT (WELFARE PAYMENT REFORM) ACT 2007 - SCHEDULE 3

Income Tax Assessment Act 1936

1   Subsection 160AAA(1) (after paragraph   (c) of the definition of rebatable benefit )

Insert:

  (d)   paid by way of Northern Territory CDEP transition payment under Part   2.27 of the Social Security Act 1991 ; or

Social Security Act 1991

2   Subsection 23(1)

Insert:

"CDEPManager" means the computer system known as CDEPManager.

3   Subsection 23(1)

Insert:

"CDEP Scheme provider" means a person or organisation that is a party to a Programme Funding Agreement with the Commonwealth under which the person or organisation receives Commonwealth funding to deliver the CDEP Scheme.

4   Subsection 23(1)

Insert:

"Northern Territory CDEP transition payment" means a Northern Territory CDEP transition payment under Part   2.27.

5   Subsection 23(1)

Insert:

"transition day" , for a person affected by Part   2.27 (Northern Territory CDEP transition payment), has the meaning given by section   1061ZAAM.

6   At the end of Chapter   2

Add:

Part   2.27 -- Northern Territory CDEP transition payment

Division   1 -- Qualification for and payability of Northern Territory CDEP transition payment

Subdivision A -- Qualification for Northern Territory CDEP transition payment

1061ZAAL   Qualification for Northern Territory CDEP transition payment

  (1)   A person is qualified for Northern Territory CDEP transition payment if:

  (a)   on 23   July 2007, the person was eligible to participate in the CDEP Scheme under the criteria set out in paragraphs 6.1, 6.2 and 6.3 of CDEP Annexure B (see subsection   (2)); and

  (b)   on 23   July 2007, the person was recorded as active in CDEPManager; and

  (c)   there is a transition day for the person (see section   1061ZAAM); and

  (d)   during the period starting on 23   July 2007 and ending on the transition day for the person, the person did not cease to participate in the CDEP Scheme for a period of more than 12 consecutive weeks (disregarding any period during which the person was taking paid or unpaid leave approved by a CDEP Scheme provider); and

  (e)   the person meets any other conditions specified in rules made for the purposes of this paragraph under section   1061ZAAW.

  (2)   The reference in paragraph   (1)(a) to CDEP Annexure B is a reference to Annexure B to the CDEP Schedule of the 2007/2008 Commonwealth Programme Funding Agreement as in force on 23   July 2007.

Note:   In 2007, the text of the annexure as in force on 23   July 2007 was accessible through the Australian Government Internet site at www.workplace.gov.au.

1061ZAAM   Northern Territory CDEP transition day

  (1)   The Secretary may give a CDEP Scheme provider a written notice specifying the day on which the provider must stop making CDEP Scheme payments to or on behalf of persons participating in the CDEP Scheme in the Northern Territory.

  (2)   A notice under subsection   (1) is not a legislative instrument.

  (3)   If the Secretary has given a CDEP Scheme provider a notice under subsection   (1), the Secretary may, before the day specified in that notice, vary that notice by further written notice to the provider.

  (4)   The transition day for a person is the day specified in a notice given to a CDEP Scheme provider under this section, if:

  (a)   at any time before the specified day, the person has been registered as active in CDEPManager so far as that system is maintained by that provider; and

  (b)   between that time and the specified day, the person has not been registered as active in CDEPManager so far as that system is maintained by any other provider.

  (5)   However, if, apart from this subsection, a person would have more than one transition day, the transition day for the person is the earliest of the days that would otherwise have been transition days.

Subdivision B -- Payability of Northern Territory CDEP transition payment

1061ZAAN   Northern Territory CDEP transition payment only payable if certain claim criteria met

    Northern Territory CDEP transition payment is not payable to a person unless one of the following applies:

  (a)   a claim made by the person for a social security benefit or a social security pension was granted before the transition day for the person and the benefit or pension had not been cancelled by the transition day;

  (b)   a claim made by the person for a social security benefit or a social security pension before the transition day for the person had not been determined by the transition day;

  (c)   on or after the transition day for the person, the person has made a claim for a social security benefit or a social security pension.

1061ZAAO   Northern Territory CDEP transition payment not payable while CDEP Scheme payments being received

    Northern Territory CDEP transition payment is not payable to a person in respect of any period for which the person is receiving CDEP Scheme payments.

1061ZAAP   Northern Territory CDEP transition payment not payable if rate too low

    Northern Territory CDEP transition payment is not payable to a person if the person's fortnightly rate of Northern Territory CDEP transition payment under subsection 1061ZAAS(2) would be less than $5.

1061ZAAQ   Northern Territory CDEP transition payment not payable if compliance penalty period applies

    Northern Territory CDEP transition payment is not payable to a person if a compliance penalty period applies in relation to the person.

Note:   For compliance penalty period see subsection 23(1).

1061ZAAR   Northern Territory CDEP transition payment not payable from 1   July 2008

    Northern Territory CDEP transition payment is not payable:

  (a)   for a period that includes 1   July 2008--in respect of so much of the period as occurs on or after 1   July 2008; and

  (b)   in respect of any period starting on or after 1   July 2008.

Division   2 -- Rate of Northern Territory CDEP transition payment

1061ZAAS   Rate of Northern Territory CDEP transition payment

  (1)   The rate of a person's Northern Territory CDEP transition payment is a daily rate, worked out by dividing the person's fortnightly rate worked out under subsection   (2) by 14.

  (2)   The person's fortnightly rate is:

  (a)   the excess (if any) of the amount in subparagraph   (i) over the amount in subparagraph   (ii):

  (i)   the person's pre - transition fortnightly income worked out under section   1061ZAAT; and

  (ii)   the person's post - transition fortnightly income worked out under section   1061ZAAU; or

  (b)   if the Secretary considers that a person's rate worked out under paragraph   (a) is not appropriate in the person's circumstances--the rate determined by the Secretary.

  (3)   In making a determination under this section, the Secretary must have regard to the guidelines (if any) set out in rules made for the purposes of this section under section   1061ZAAW.

1061ZAAT   Pre - transition fortnightly income

  (1)   For the purposes of subparagraph 1061ZAAS(2)(a)(i), a person's pre - transition fortnightly income is the sum of:

  (a)   the person's average fortnightly income from CDEP Scheme payments during the period determined for the person by the Secretary under subsection   (2); and

  (b)   if the person was receiving a social security benefit on 23   July 2007--the person's provisional fortnightly payment rate for the benefit; and

  (c)   if the person was receiving a social security pension on 23   July 2007--the person's provisional annual payment rate for the pension, expressed as a fortnightly rate; and

  (d)   if the person received remote area allowance in respect of a fortnight that included 23   July 2007--the person's remote area allowance for the fortnight; and

  (e)   if the person received CDEP Scheme Participant Supplement under Division   3 of Part   3.15A in respect of a period that included 23   July 2007--$20.80.

  (2)   The Secretary must determine a period for a person for the purposes of paragraph   (1)(a). The period must not be more than 13 weeks and must end on 23   July 2007.

  (3)   Despite subsection   (1), if the Secretary considers that a person's pre - transition fortnightly income as worked out under that subsection would not be appropriate in the person's circumstances, the person's pre - transition fortnightly income is the amount determined by the Secretary (having regard to the person's income as at 23   July 2007 from CDEP Scheme payments and any social security benefit or social security pension).

  (4)   In making a determination under this section, the Secretary must have regard to the guidelines (if any) set out in rules made for the purposes of this section under section   1061ZAAW.

1061ZAAU   Post - transition fortnightly income

  (1)   For the purposes of subparagraph 1061ZAAS(2)(a)(ii), a person's post - transition fortnightly income is the sum of:

  (a)   if the person is receiving a social security benefit on the relevant day--the person's provisional fortnightly payment rate for the benefit; and

  (b)   if the person is receiving a social security pension on the relevant day--the person's provisional annual payment rate for the pension, expressed as a fortnightly rate; and

  (c)   if the person is receiving remote area allowance in respect of a period that includes the relevant day--the person's remote area allowance for the period.

  (2)   The relevant day for the purposes of subsection   (1) is:

  (a)   the start day for the person's Northern Territory CDEP transition payment; or

  (b)   a later day determined by the Secretary.

  (3)   Despite subsection   (1), if the Secretary considers that a person's post - transition fortnightly income as worked out under that subsection would not be appropriate in the person's circumstances, the person's post - transition fortnightly income is the amount determined by the Secretary.

  (4)   In making a determination under this section, the Secretary must have regard to the guidelines (if any) set out in rules made for the purposes of this section under section   1061ZAAW.

1061ZAAV   Maximum rate of Northern Territory CDEP transition payment

    The maximum fortnightly rate of Northern Territory CDEP transition payment under subsection 1061ZAAS(2) is $794.80.

Division   3 -- Miscellaneous

1061ZAAW   Northern Territory CDEP transition payment rules

  (1)   The Secretary may, by legislative instrument, make rules in relation to any or all of the following:

  (a)   any matters required or permitted by this Part to be set out in rules;

  (b)   qualification for, and payability and rate of, Northern Territory CDEP transition payment;

  (c)   any other matters in relation to Northern Territory CDEP transition payment.

  (2)   Rules made for the purposes of paragraph   (1)(b) may impose requirements or limitations additional to the requirements or limitations imposed under this Part.

7   After subsection 1188B(2)

Insert:

  (2A)   Without limiting persons who are not CDEP Scheme participants, a person who is undertaking an activity approved by the Secretary under section   1188BA as a Northern Territory CDEP transitional activity is not a CDEP Scheme participant .

8   At the end of Division   1 of Part   3.15A

Add:

1188BA   Approval of Northern Territory CDEP transitional activities

  (1)   The Secretary may, in writing, approve an activity as a Northern Territory CDEP transitional activity for the purposes of this Act.

  (2)   An approval under subsection   (1) is not a legislative instrument.

1188BB   Effect of undertaking Northern Territory CDEP transitional activities

    A person is not taken to be:

  (a)   an employee within the meaning of section   9 of the Occupational Health and Safety Act 1991 ; or

  (b)   an employee within the meaning of section   5 of the Safety, Rehabilitation and Compensation Act 1988 ; or

  (c)   an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 ; or

  (d)   an employee for the purposes of the Workplace Relations Act 1996 ;

merely by undertaking an activity approved by the Secretary under section   1188BA as a Northern Territory CDEP transitional activity for the purposes of this Act.

Social Security (Administration) Act 1999

9   At the end of subsection 52(1)

Add:

  ; (l)   Northern Territory CDEP transition payment.

10   At the end of section   138

Add:

  (3)   Paragraphs   (1)(a) and (c) do not apply in relation to a decision that is not reviewable by the Social Security Appeals Tribunal (see section   144).

11   After paragraph 144(d)

Insert:

  (daa)   a decision under the 1991 Act or this Act in relation to Part   2.27 of the 1991 Act (Northern Territory CDEP transition payment);

12   Subclause 1(1) of Schedule   1 (at the end of the definition of social security periodic payment )

Insert:

  ; or (j)   Northern Territory CDEP transition payment.

Notes to the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007

Note 1

The Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 as shown in this compilation comprises Act No.   130, 2007 amended as indicated in the Tables below.

For a ll relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Table of Amendments

Table A

Application, saving or transitional provisions

Social Security and Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 20 10
(No.   93 , 2010 )

Schedule   1

4   Effect of repeal of sections of Acts by this Schedule

To avoid doubt:

  (a)   the repeal of sections of an Act by this Schedule does not have retrospective effect; and

  (b)   section   8 of the Acts Interpretation Act 1901 applies to the repeal (unaffected by any contrary intention).