Explanatory Memorandum
(Circulated by authority of the Minister for Family and Community Services, Senator the Honourable Jocelyn Newman)Notes on clauses
Clause 1 - Short title
Clause 1 of the Family and Community Services Legislation Amendment Bill 2000 sets out how the Act is to be cited.
Clause 2 - Commencement
Clause 2 provides for the commencement of the Act and its schedules.
Except as follows, the Act commences on the day on which it receives the Royal Assent: - subclause 2(2):
Schedule 1 - Amendments relating to double orphan pension
Part 2 of Schedule 1 commences with retrospective effect to 1 July 1998 - subclause 2(2).
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- these measures either confer a benefit on various customers affected by the measures, enabling an additional amount to be paid to them in respect the retrospective period and thereafter (items 2 to 5 inclusive) or are technical (item 1).
Part 3 of Schedule 1 commences on 1 July 2000, to confer a similar benefit on family tax benefit customers from that date - subclause 2(3).
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- With the introduction of the A New Tax System (Family Assistance) Act 1999, family allowance will be replaced by family tax benefit with effect from 1 July 2000.
Schedule 3 - Miscellaneous amendments
Item 18 of Schedule 3 commences, or will be taken to have commenced, on 1 March 2000 - subclause 2(4).
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- Should the Act not have commenced by 1 March 2000, then subclause 2(4) provides for the retrospective commencement of Item 18 of Schedule 3 with effect from that date.
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- Item 18 is a technical amendment only, to correct an imprecise cross-reference to the Veterans' Entitlements Act 1986. No person's rights are affected by Item 18.
Schedule 4 - Amendments of the social security administration legislation
Item 1 of Schedule 4 commences, or will be taken to have commenced, on 20 March 2000 - subclause 2(5).
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- Should the Social Security (Administration) Act not have commenced by 20 March 2000, subclause 2(5) provides for the retrospective commencement of Item 1 Schedule 4 with effect from that date.
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- Item 1 of Schedule 4 restores a paragraph of the Social Security Act 1991 that was omitted by the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999. The restoration of this paragraph is a beneficial measure that will ensure that the customers are able to use the standardised provisions introduced by the Social Security (Administration) Act 1999.
Items 2 and 3 of Schedule 4 commence on 20 March 2000, or on the day the Act receives the Royal Assent - subclause 2(6).
Items 4, 5 and 6 of Schedule 4 commence, or will be taken to have commenced, on 20 March 2000 - subclause 2(7).
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- Should the Act not have commenced by 20 March 2000, then subclause 2(6) provides for the retrospective commencement of Items 4, 5 and 6 of Schedule 4 with effect from that date.
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- Items 4, 5, 6 and 7 of Schedule 4 restore certain sections of the Social Security Act 1991 that were omitted by the Social Security (Administration and International Agreements)(Consequential Amendments) Act 1999, and make related amendments . These measures are either beneficial (to ensure that certain customers can continue to apply for benefits) or are technical.
Clause 3 - Schedules
Clause 3 provides that each Act specified in the Schedules is amended according to the terms of those Schedules.