Coronavirus Economic Response Package Omnibus (Measures No. 2) Bill 2020 No. ,2020 - Fortuna ...
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2019-2020 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Coronavirus Economic Response Package Omnibus (Measures No. 2) Bill 2020 No. , 2020 (Treasury) A Bill for an Act to provide an economic response, and deal with other matters, relating to the coronavirus, and for other purposes
Contents
1 Short title ........................................................................................... 1
2 Commencement ................................................................................. 1
3 Schedules........................................................................................... 3
Schedule 1—Amendment of the Fair Work Act 2009 4
Part 1—Amendments 4
Fair Work Act 2009 4
Part 2—Repeal of the core provisions of Part 6-4C of the Fair
Work Act 2009 etc. 23
Fair Work Act 2009 23
Schedule 2—Payment Acts consequential amendments 24
Part 1—Coronavirus economic response payments 24
Income Tax Assessment Act 1936 24
Income Tax Assessment Act 1997 24
Social Security Act 1991 25
Taxation Administration Act 1953 25
Veterans’ Entitlements Act 1986 27
Part 2—Paid Parental Leave 28
Paid Parental Leave Act 2010 28
Part 3—Cash flow boosts 30
Boosting Cash Flow for Employers (Coronavirus Economic Response
Package) Act 2020 30
Part 4—Modifications of provisions relating to the social
security law 31
Coronavirus Economic Response Package Omnibus Act 2020 31
Schedule 3—Guarantee of lending to small and medium
enterprises 32
Guarantee of Lending to Small and Medium Enterprises (Coronavirus
Economic Response Package) Act 2020 32
Schedule 4—Amendments to support the child care sector 33
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) i
Bill 2020Part 1—Review of certain CCS decisions 33
A New Tax System (Family Assistance) (Administration) Act 1999 33
Part 2—Appropriation 35
A New Tax System (Family Assistance) (Administration) Act 1999 35
Part 3—Limits on grant payments made out of standing
appropriation 36
A New Tax System (Family Assistance) (Administration) Act 1999 36
Schedule 5—Modification of information and other
requirements 37
Schedule 6—Additional support for veterans etc. 39
Schedule 7—Tax secrecy 42
Part 1—Tax secrecy exception 42
Taxation Administration Act 1953 42
Part 2—Repeal of tax secrecy exception 43
Taxation Administration Act 1953 43
ii Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 20201 A Bill for an Act to provide an economic response,
2 and deal with other matters, relating to the
3 coronavirus, and for other purposes
4 The Parliament of Australia enacts:
5 1 Short title
6 This Act is the Coronavirus Economic Response Package Omnibus
7 (Measures No. 2) Act 2020.
8 2 Commencement
9 (1) Each provision of this Act specified in column 1 of the table
10 commences, or is taken to have commenced, in accordance with
11 column 2 of the table. Any other statement in column 2 has effect
12 according to its terms.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 1
Bill 20201
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 3 The day this Act receives the Royal Assent.
and anything in
this Act not
elsewhere covered
by this table
2. Schedule 1, The day this Act receives the Royal Assent.
Part 1
3. Schedule 1, 28 September 2020. 28 September
Part 2 2020
4. Schedule 2, At the same time as section 3 of the
Parts 1 to 3 Coronavirus Economic Response Package
(Payments and Benefits) Act 2020
commences.
5. Schedule 2, Immediately after the commencement of 25 March 2020
item 27 Schedule 11 to the Coronavirus Economic
Response Package Omnibus Act 2020.
6. Schedule 2, The day this Act receives the Royal Assent.
item 28
7. Schedule 3 The day this Act receives the Royal Assent.
8. Schedule 4, The first day on the first CSS fortnight
Part 1 (within the meaning of the A New Tax
System (Family Assistance) Act 1999) that
begins after this Act receives the Royal
Assent.
9. Schedule 4, The day this Act receives the Royal Assent.
Part 2
10. Schedule 4, 1 July 2020. 1 July 2020
Part 3
11. Schedule 5 The day this Act receives the Royal Assent.
12. Schedule 6 The day this Act receives the Royal Assent.
13. Schedule 7, The day this Act receives the Royal Assent.
Part 1
14. Schedule 7, 1 July 2023. 1 July 2023
Part 2
2 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 20201 Note: This table relates only to the provisions of this Act as originally
2 enacted. It will not be amended to deal with any later amendments of
3 this Act.
4 (2) Any information in column 3 of the table is not part of this Act.
5 Information may be inserted in this column, or information in it
6 may be edited, in any published version of this Act.
7 3 Schedules
8 Legislation that is specified in a Schedule to this Act is amended or
9 repealed as set out in the applicable items in the Schedule
10 concerned, and any other item in a Schedule to this Act has effect
11 according to its terms.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 3
Bill 2020Schedule 1 Amendment of the Fair Work Act 2009
Part 1 Amendments
1 Schedule 1—Amendment of the Fair Work Act
2 2009
3 Part 1—Amendments
4 Fair Work Act 2009
5 1 Subsection 539(2) (at the end of the table)
6 Add:
7
Part 6-4C—Coronavirus economic response
39 789GD (a) an employee; (a) the Federal Court; for a serious
(b) an employee (b) the Federal contravention
organisation; Circuit Court; —600 penalty
(c) an inspector (c) an eligible State units; or
or Territory court otherwise—60
penalty units
40 789GDA(2) (a) an employee; (a) the Federal Court; 60 penalty
789GDB(2) (b) an employee (b) the Federal units
789GDB(3) organisation; Circuit Court;
(c) an inspector (c) an eligible State
789GU
or Territory court
789GW
41 789GXA (a) an employee; (a) the Federal Court; 600 penalty
(b) an employee (b) the Federal units
organisation; Circuit Court;
(c) an inspector (c) an eligible State
or Territory court
8 2 At the end of subsection 576(1)
9 Add:
10 ; (r) Coronavirus economic response (Part 6-4C).
11 3 After paragraph 675(2)(j)
12 Insert:
13 ; (k) an order under Part 6-4C (which deals with the Coronavirus
14 economic response).
4 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Amendment of the Fair Work Act 2009 Schedule 1
Amendments Part 1
1 4 At the end of subsection 716(1)
2 Add:
3 ; (g) a provision of Part 6-4C (which deals with the Coronavirus
4 economic response);
5 (h) a jobkeeper enabling direction (within the meaning of
6 Part 6-4C);
7 (i) a provision of an agreement authorised by Part 6-4C.
8 5 After Part 6-4B
9 Insert:
10 Part 6-4C—Coronavirus economic response
11 Division 1—Introduction
12 789GA Guide to this Part
13 The purpose of this Part is to assist employers who qualify for the
14 jobkeeper scheme to deal with the economic impact of the
15 Coronavirus known as COVID-19.
16 This Part authorises an employer who qualifies for the jobkeeper
17 scheme to give a jobkeeper enabling stand down direction to an
18 employee (including to reduce hours of work).
19 This Part authorises an employer who qualifies for the jobkeeper
20 scheme to give a direction to an employee about:
21 (a) the duties to be performed by the employee; or
22 (b) the location of the employee’s work.
23 This Part authorises an employer who qualifies for the jobkeeper
24 scheme and an employee to make an agreement in relation to:
25 (a) the days or times when the employee is to perform
26 work; or
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 5
Bill 2020Schedule 1 Amendment of the Fair Work Act 2009
Part 1 Amendments
1 (b) the employee taking annual leave, including at half
2 pay.
3 This Part provides that an employer who qualifies for the jobkeeper
4 scheme must consult an employee (or a representative of the
5 employee) before giving a direction.
6 This Part provides that:
7 (a) a direction given by an employer who qualifies for
8 the jobkeeper scheme to an employee does not
9 apply to the employee if the direction is
10 unreasonable in all of the circumstances; and
11 (b) a direction given by an employer who qualifies for
12 the jobkeeper scheme to an employee in relation to
13 the duties to be performed by the employee, or the
14 location of the employee’s work, does not apply to
15 the employee unless the employer reasonably
16 believes the direction is necessary to continue the
17 employment of one or more employees of the
18 employer.
19 This Part provides for other safeguards relating to directions given
20 by employers who qualify for the jobkeeper scheme, including a
21 rule that this Part will at all times operate subject to listed laws.
22 This Part provides that the FWC may deal with a dispute about the
23 operation of this Part.
24 Note: The core provisions of this Part (namely, Divisions 2, 3, 4, 5, 6, 9 and
25 11) will be repealed on 28 September 2020.
26 789GB Object
27 The object of this Part is to:
28 (a) make temporary changes to assist the Australian people to
29 keep their jobs, and maintain their connection to their
30 employers, during the unprecedented economic downturn and
31 work restrictions arising from:
32 (i) the COVID-19 pandemic; and
6 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Amendment of the Fair Work Act 2009 Schedule 1
Amendments Part 1
1 (ii) government initiatives to slow the transmission of
2 COVID-19; and
3 (b) help sustain the viability of Australian businesses during the
4 COVID-19 pandemic, including by preparing the Australian
5 economy to recover with speed and strength after a period of
6 hibernation; and
7 (c) continue the employment of employees; and
8 (d) ensure the continued effective operation of occupational
9 health and safety laws during the COVID-19 pandemic; and
10 (e) help ensure that, where reasonably possible, employees:
11 (i) remain productively employed during the COVID-19
12 pandemic; and
13 (ii) continue to contribute to the business of their employer
14 where it is safe and possible for the business to continue
15 operating.
16 789GC Definitions
17 In this Part:
18 designated employment provision means:
19 (a) a provision of this Act (other than a provision of this Part or a
20 provision mentioned in section 789GZ); or
21 (b) a provision of:
22 (i) a fair work instrument; or
23 (ii) a contract of employment; or
24 (iii) a transitional instrument (within the meaning of item 2
25 of Schedule 3 to the Transitional Act).
26 employee means a national system employee.
27 Note: See also Division 2 of Part 6-4A (TCF contract outworkers taken to be
28 employees in certain circumstances).
29 employer means a national system employer.
30 fortnight means a 14-day period beginning on a Monday.
31 hourly rate of pay guarantee has the meaning given by
32 section 789GDB.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 7
Bill 2020Schedule 1 Amendment of the Fair Work Act 2009
Part 1 Amendments
1 jobkeeper enabling direction means a direction authorised by
2 section 789GDC, 789GE or 789GF.
3 jobkeeper payment means a payment that:
4 (a) is payable by the Commonwealth in accordance with the
5 jobkeeper payment rules; and
6 (b) is known as jobkeeper payment.
7 jobkeeper payment rules means rules made under the Coronavirus
8 Economic Response Package (Payments and Benefits) Act 2020.
9 licence includes:
10 (a) registration; and
11 (b) permit.
12 minimum payment guarantee has the meaning given by
13 section 789GDA.
14 qualifies for the jobkeeper scheme has the same meaning as in the
15 jobkeeper payment rules.
16 wage condition means the wage condition set out in the jobkeeper
17 payment rules.
18 Division 2—Employer payment obligations
19 789GD Obligation of employer to satisfy the wage condition
20 If:
21 (a) an employer qualifies for the jobkeeper scheme; and
22 (b) the employer would be entitled to jobkeeper payment for an
23 employee for a fortnight if (among other things) the employer
24 satisfied the wage condition in respect of the employee for
25 the fortnight;
26 the employer must ensure that the wage condition has been
27 satisfied in respect of the employee by the end of the fortnight.
28 Note: 1 This section is a civil remedy provision (see Part 4-1).
29 Note 2: Under the jobkeeper payment rules, a jobkeeper payment is a payment
30 to an employer for a particular employee for a fortnight.
8 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Amendment of the Fair Work Act 2009 Schedule 1
Amendments Part 1
1 789GDA Minimum payment guarantee
2 (1) For the purposes of this Part, the minimum payment guarantee
3 consists of the rule set out in subsection (2).
4 (2) If a jobkeeper payment is payable to an employer for an employee
5 of the employer for a fortnight, the employer must ensure that the
6 total amount payable to the employee in respect of the fortnight is
7 not less than the greater of the following:
8 (a) the amount of jobkeeper payment payable to the employer for
9 the employee for the fortnight;
10 (b) the amounts payable to the employee in relation to the
11 performance of work during the fortnight.
12 Note 1: This subsection is a civil remedy provision (see Part 4-1).
13 Note 2: Amounts referred to in this subsection (other than paragraph (a))
14 include the following, if they become payable in respect of the
15 fortnight:
16 (a) incentive-based payments and bonuses;
17 (b) loadings;
18 (c) monetary allowances;
19 (d) overtime or penalty rates;
20 (e) leave payments.
21 789GDB Hourly rate of pay guarantee
22 (1) For the purposes of this Part, the hourly rate of pay guarantee
23 consists of the rules set out in subsections (2) and (3).
24 Minimum rate of pay—jobkeeper enabling stand down
25 (2) If a jobkeeper enabling direction given by an employer under
26 section 789GDC (jobkeeper enabling stand down) applies to an
27 employee of the employer, the employer must ensure that the
28 employee’s base rate of pay (worked out on an hourly basis) is not
29 less than the base rate of pay (worked out on an hourly basis) that
30 would have been applicable to the employee if the direction had
31 not been given to the employee.
32 Note: This subsection is a civil remedy provision (see Part 4-1).
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 9
Bill 2020Schedule 1 Amendment of the Fair Work Act 2009
Part 1 Amendments
1 Minimum rate of pay—duties of work
2 (3) If a jobkeeper enabling direction given by an employer under
3 section 789GE (duties of work) applies to an employee of the
4 employer, the employer must ensure that the employee’s base rate
5 of pay (worked out on an hourly basis) is not less than the greater
6 of the following:
7 (a) the base rate of pay (worked out on an hourly basis) that
8 would have been applicable to the employee if the direction
9 had not been given to the employee;
10 (b) the base rate of pay (worked out on an hourly basis) that is
11 applicable to the duties the employee is performing.
12 Note: This subsection is a civil remedy provision (see Part 4-1).
13 Base rate of pay for certain payment arrangements
14 (4) If:
15 (a) an employee is paid otherwise than:
16 (i) on an hourly basis; or
17 (ii) by reference to an hourly rate of pay; and
18 (b) a workplace instrument applicable to the employee:
19 (i) specifies the employee’s base rate of pay for the
20 purposes of the National Employment Standards; or
21 (ii) sets out a method for working out the employee’s base
22 rate of pay for the purposes of the National Employment
23 Standards;
24 then, for the purposes of this section, the employee’s base rate of
25 pay is:
26 (c) the amount specified in the workplace instrument; or
27 (d) the amount worked out using the method set out in the
28 workplace instrument;
29 as the case requires.
30 Division 3—Jobkeeper enabling stand down
31 789GDC Jobkeeper enabling stand down
32 (1) If:
10 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Amendment of the Fair Work Act 2009 Schedule 1
Amendments Part 1
1 (a) after the commencement of this section, an employer of an
2 employee gave the employee a direction (the jobkeeper
3 enabling stand down direction) to:
4 (i) not work on a day or days on which the employee
5 would usually work; or
6 (ii) work for a lesser period than the period which the
7 employee would ordinarily work on a particular day or
8 days; or
9 (iii) work a reduced number of hours (compared with the
10 employee’s ordinary hours of work);
11 during a period (the jobkeeper enabling stand down period);
12 and
13 (b) when the jobkeeper enabling stand down direction was given,
14 the employer qualified for the jobkeeper scheme; and
15 (c) the employee cannot be usefully employed for the
16 employee’s normal days or hours during the jobkeeper
17 enabling stand down period because of changes to business
18 attributable to:
19 (i) the COVID-19 pandemic; or
20 (ii) government initiatives to slow the transmission of
21 COVID-19; and
22 (d) the implementation of the jobkeeper enabling stand down
23 direction is safe, having regard to (without limitation) the
24 nature and spread of COVID-19; and
25 (e) the employer becomes entitled to one or more jobkeeper
26 payments for the employee:
27 (i) for a period that consists of or includes the jobkeeper
28 enabling stand down period; or
29 (ii) for periods that, when considered together, consist of or
30 include the jobkeeper enabling stand down period;
31 the jobkeeper enabling stand down direction is authorised by this
32 section.
33 (2) If the jobkeeper enabling stand down direction applies to the
34 employee, then, during the jobkeeper enabling stand down period,
35 the employer is still required to comply with:
36 (a) section 789GD (which deals with satisfying the wage
37 condition); and
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 11
Bill 2020Schedule 1 Amendment of the Fair Work Act 2009
Part 1 Amendments
1 (b) the minimum payment guarantee (see section 789GDA); and
2 (c) the hourly rate of pay guarantee (see section 789GDB);
3 but is not otherwise required to make payments to the employee in
4 respect of the jobkeeper enabling stand down period.
5 (3) The jobkeeper enabling stand down direction does not apply to the
6 employee during a period when the employee:
7 (a) is taking paid or unpaid leave that is authorised by the
8 employer; or
9 (b) is otherwise authorised to be absent from the employee’s
10 employment.
11 Note: An employee may take paid or unpaid leave (for example, annual
12 leave) during all or part of a period during which the jobkeeper
13 enabling stand down direction would otherwise apply to the employee.
14 (4) For the purposes of subparagraph (1)(a)(iii), the reduced number of
15 hours may be nil.
16 (5) This section has effect despite a designated employment provision.
17 Division 4—Duties, location and days of work
18 789GE Duties of work
19 (1) If:
20 (a) after the commencement of this section, an employer of an
21 employee directed the employee to perform any duties during
22 a period (the relevant period) that are within the employee’s
23 skill and competency; and
24 (b) when the direction was given, the employer qualified for the
25 jobkeeper scheme; and
26 (c) those duties are safe, having regard to (without limitation) the
27 nature and spread of COVID-19; and
28 (d) in a case where the employee was required to have a licence
29 or qualification in order to perform those duties—the
30 employee had the licence or qualification; and
31 (e) those duties are reasonably within the scope of the
32 employer’s business operations; and
33 (f) the employer becomes entitled to one or more jobkeeper
34 payments for the employee:
12 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Amendment of the Fair Work Act 2009 Schedule 1
Amendments Part 1
1 (i) for a period that consists of or includes the relevant
2 period; or
3 (ii) for periods that, when considered together, consist of or
4 include the relevant period;
5 the direction is authorised by this section.
6 (2) This section has effect despite a designated employment provision.
7 789GF Location of work
8 (1) If:
9 (a) after the commencement of this section, an employer of an
10 employee directed the employee to perform duties during a
11 period (the relevant period) at a place that is different from
12 the employee’s normal place of work, including the
13 employee’s home; and
14 (b) when the direction was given, the employer qualified for the
15 jobkeeper scheme; and
16 (c) the place is suitable for the employee’s duties; and
17 (d) if the place is not the employee’s home—the place does not
18 require the employee to travel a distance that is unreasonable
19 in all the circumstances, including the circumstances
20 surrounding the COVID-19 pandemic; and
21 (e) the performance of the employee’s duties at the place is:
22 (i) safe, having regard to (without limitation) the nature
23 and spread of COVID-19; and
24 (ii) reasonably within the scope of the employer’s business
25 operations; and
26 (f) the employer becomes entitled to one or more jobkeeper
27 payments for the employee:
28 (i) for a period that consists of or includes the relevant
29 period; or
30 (ii) for periods that, when considered together, consist of or
31 include the relevant period;
32 the direction is authorised by this section.
33 (2) This section has effect despite a designated employment provision.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 13
Bill 2020Schedule 1 Amendment of the Fair Work Act 2009
Part 1 Amendments
1 789GG Days of work etc.
2 (1) If:
3 (a) an employer of an employee qualifies for the jobkeeper
4 scheme; and
5 (b) the employer is entitled to one or more jobkeeper payments
6 for the employee; and
7 (c) the employer gives the employee a request to make an
8 agreement with the employer under subsection (2);
9 the employee:
10 (d) must consider the request; and
11 (e) must not unreasonably refuse the request.
12 (2) If:
13 (a) after the commencement of this section, an employer and an
14 employee of the employer agree in writing to the employee
15 performing duties during a period (the relevant period):
16 (i) on different days; or
17 (ii) at different times;
18 compared with the employee’s ordinary days or times of
19 work; and
20 (b) when the agreement was made, the employer qualified for the
21 jobkeeper scheme; and
22 (c) the performance of the employee’s duties on those days or at
23 those times is:
24 (i) safe, having regard to (without limitation) the nature
25 and spread of COVID-19; and
26 (ii) reasonably within the scope of the employer’s business
27 operations; and
28 (d) the agreement does not have the effect of reducing the
29 employee’s number of hours of work (compared with the
30 employee’s ordinary hours of work); and
31 (e) the employer becomes entitled to one or more jobkeeper
32 payments for the employee:
33 (i) for a period that consists of or includes the relevant
34 period; or
35 (ii) for periods that, when considered together, consist of or
36 include the relevant period;
14 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Amendment of the Fair Work Act 2009 Schedule 1
Amendments Part 1
1 the agreement is authorised by this section.
2 (3) This section has effect despite a designated employment provision.
3 Division 5—Taking paid annual leave
4 789GJ Taking paid annual leave
5 (1) If:
6 (a) the employer of an employee qualifies for the jobkeeper
7 scheme; and
8 (b) the employer is entitled to one or more jobkeeper payments
9 for the employee; and
10 (c) the employer gives the employee a request to take paid
11 annual leave; and
12 (d) complying with the request will not result in the employee
13 having a balance of paid annual leave of fewer than 2 weeks;
14 the employee:
15 (e) must consider the request; and
16 (f) must not unreasonably refuse the request.
17 (2) If:
18 (a) after the commencement of this section, an employer and an
19 employee of the employer agree in writing to the employee
20 taking twice as much paid annual leave, at half the
21 employee’s rate of pay, for a period (the relevant period);
22 and
23 (b) when the agreement was made, the employer qualified for the
24 jobkeeper scheme; and
25 (c) the employer becomes entitled to one or more jobkeeper
26 payments for the employee:
27 (i) for a period that consists of or includes the relevant
28 period; or
29 (ii) for periods that, when considered together, consist of or
30 include the relevant period;
31 the agreement is authorised by this section.
32 (3) This section has effect despite a designated employment provision.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 15
Bill 2020Schedule 1 Amendment of the Fair Work Act 2009
Part 1 Amendments
1 Division 6—Rules relating to jobkeeper enabling directions
2 789GK Reasonableness
3 A jobkeeper enabling direction given by an employer to an
4 employee of the employer does not apply to the employee if the
5 direction is unreasonable in all of the circumstances.
6 Note: A direction may be unreasonable depending on the impact of the
7 direction on any caring responsibilities the employee may have.
8 789GL Continuing the employment of employees
9 (1) A jobkeeper enabling direction given by an employer to an
10 employee of the employer under section 789GE (duties of work) or
11 789GF (location of work) has no effect unless the employer has
12 information before the employer that leads the employer to
13 reasonably believe that the direction is necessary to continue the
14 employment of one or more employees of the employer.
15 (2) In determining whether a jobkeeper enabling direction given by an
16 employer to an employee of the employer (the relevant employee)
17 is necessary to continue the employment of one or more employees
18 of the employer, it is immaterial that a similar jobkeeper enabling
19 direction could have been given by the employer to an employee of
20 the employer other than the relevant employee.
21 789GM Consultation
22 (1) A jobkeeper enabling direction given by an employer to an
23 employee of the employer does not apply to the employee unless:
24 (a) the employer gave the employee written notice of the
25 employer’s intention to give the direction; and
26 (b) the employer did so:
27 (i) at least 3 days before the direction was given; or
28 (ii) if the employee genuinely agreed to a lesser notice
29 period—during that lesser notice period; and
30 (c) before giving the direction, the employer consulted the
31 employee (or a representative of the employee) about the
32 direction.
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Bill 2020Amendment of the Fair Work Act 2009 Schedule 1
Amendments Part 1
1 (2) The regulations may require that a notice under paragraph (1)(a)
2 must be in a prescribed form.
3 (3) Subsection (1) does not apply to a jobkeeper enabling direction
4 (the relevant direction) given by an employer to an employee of
5 the employer under a particular section of this Part if:
6 (a) the employer previously complied with paragraphs (1)(a), (b)
7 and (c) in relation to a proposal to give the employee another
8 direction under that section; and
9 (b) in the course of consulting the employee (or a representative
10 of the employee) about the proposal, the employee (or the
11 representative of the employee) expressed views to the
12 employer; and
13 (c) the employer considered those views in deciding to give the
14 relevant direction.
15 (4) An employer must keep a written record of a consultation under
16 paragraph (1)(c):
17 (a) with an employee of the employer; or
18 (b) with a representative of an employee of the employer.
19 789GN Form of direction
20 (1) A jobkeeper enabling direction must be in writing.
21 (2) The regulations may require that a jobkeeper enabling direction
22 must be in a prescribed form.
23 789GP Duration
24 (1) A jobkeeper enabling direction given by an employer to an
25 employee of the employer under a particular section of this Part
26 continues in effect until:
27 (a) it is withdrawn or revoked by the employer; or
28 (b) it is replaced by a new jobkeeper enabling direction given by
29 the employer to the employee under that section.
30 (2) Subsection (1) has effect subject to:
31 (a) subsection (3); and
32 (b) an order made by the FWC under Division 10.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 17
Bill 2020Schedule 1 Amendment of the Fair Work Act 2009
Part 1 Amendments
1 (3) A jobkeeper enabling direction ceases to have effect at the start of
2 28 September 2020.
3 789GQ Compliance
4 If a jobkeeper enabling direction given by an employer applies to
5 an employee of the employer, the employee must comply with the
6 direction.
7 Division 7—Service
8 789GR Service
9 (1) For the purposes of this Act, if an employee is subject to a
10 jobkeeper enabling direction during a period, that period counts as
11 service.
12 (2) Subsection (1) has effect in addition to section 22.
13 Division 8—Accrual rules
14 789GS Accrual rules
15 (1) If a jobkeeper enabling direction under section 789GDC (jobkeeper
16 enabling stand down) applies to an employee, the employee
17 accrues leave entitlements as if the direction had not been given.
18 (2) If a jobkeeper enabling direction under section 789GDC (jobkeeper
19 enabling stand down) applies to an employee, the following are to
20 be calculated as if the direction had not been given:
21 (a) redundancy pay;
22 (b) payment in lieu of notice of termination.
23 (3) If an employee takes paid annual leave in accordance with an
24 agreement under subsection 789GJ(2), the employee accrues leave
25 entitlements as if the agreement had not been made.
26 (4) If an employee takes paid annual leave in accordance with an
27 agreement under subsection 789GJ(2), the following are to be
28 calculated as if the agreement had not been made:
29 (a) redundancy pay;
18 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Amendment of the Fair Work Act 2009 Schedule 1
Amendments Part 1
1 (b) payment in lieu of notice of termination.
2 Division 9—Employee requests for secondary employment,
3 training etc.
4 789GU Employee requests for secondary employment, training etc.
5 If:
6 (a) a jobkeeper enabling direction given by an employer under
7 section 789GDC (jobkeeper enabling stand down) applies to
8 an employee of the employer; and
9 (b) the employee gives the employer any of the following
10 requests:
11 (i) a request to engage in reasonable secondary
12 employment;
13 (ii) a request for training;
14 (iii) a request for professional development;
15 the employer:
16 (c) must consider the request; and
17 (d) must not unreasonably refuse the request.
18 Note: This section is a civil remedy provision (see Part 4-1).
19 Division 10—Dealing with disputes
20 789GV FWC may deal with a dispute about the operation of this
21 Part
22 (1) The FWC may deal with a dispute about the operation of this Part.
23 (2) The FWC may deal with a dispute by arbitration.
24 Note: The FWC may also deal with a dispute by mediation or conciliation,
25 or by making a recommendation or expressing an opinion (see
26 subsection 595(2)).
27 (3) The FWC may deal with a dispute only on application by any of
28 the following:
29 (a) an employee;
30 (b) an employer;
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 19
Bill 2020Schedule 1 Amendment of the Fair Work Act 2009
Part 1 Amendments
1 (c) an employee organisation;
2 (d) an employer organisation.
3 (4) The FWC may make any of the following orders:
4 (a) an order that the FWC considers desirable to give effect to a
5 jobkeeper enabling direction;
6 (b) an order setting aside a jobkeeper enabling direction;
7 (c) an order:
8 (i) setting aside a jobkeeper enabling direction; and
9 (ii) substituting a different jobkeeper enabling direction;
10 (d) any other order that the FWC considers appropriate.
11 (5) The FWC must not make an order under paragraph (4)(a) or (c) on
12 or after 28 September 2020.
13 (6) An order made by the FWC under paragraph (4)(a) ceases to have
14 effect at the start of 28 September 2020.
15 (7) In dealing with the dispute, the FWC must take into account
16 fairness between the parties concerned.
17 789GW Contravening an FWC order dealing with a dispute about
18 the operation of this Part
19 A person must not contravene a term of an FWC order dealing with
20 a dispute about the operation of this Part.
21 Note: This section is a civil remedy provision (see Part 4-1).
22 Division 11—Exclusions
23 789GX Exclusions
24 The Minister may, by legislative instrument, exclude one or more
25 specified employers from the operation of any or all of the
26 following provisions:
27 (a) section 789GDC;
28 (b) section 789GE;
29 (c) section 789GF;
30 (d) section 789GG;
20 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Amendment of the Fair Work Act 2009 Schedule 1
Amendments Part 1
1 (e) section 789GJ.
2 Division 12—Protections
3 789GXA Misuse of jobkeeper enabling direction
4 An employer must not purport to give a jobkeeper enabling
5 direction if:
6 (a) the direction is not authorised by this Part; and
7 (b) the employer knows that the direction is not authorised by
8 this Part.
9 Note: This section is a civil remedy provision (see Part 4-1).
10 789GY Protection of workplace rights
11 For the avoidance of doubt, each of the following is a workplace
12 right within the meaning of Part 3-1:
13 (a) the benefit that an employee of an employer has or derives
14 because of an obligation of the employer under
15 section 789GD to satisfy the wage condition;
16 (b) agreeing, or not agreeing, to perform duties:
17 (i) on different days; or
18 (ii) at different times;
19 in accordance with subsection 789GG(2);
20 (c) agreeing, or not agreeing, to take paid annual leave in
21 compliance with a request under subsection 789GJ(1);
22 (d) agreeing, or not agreeing, to take paid annual leave in
23 accordance with subsection 789GJ(2);
24 (e) making a request under section 789GU (secondary
25 employment, training etc.).
26 789GZ Relationship with other laws etc.
27 (1) This Part will at all times operate subject to the following:
28 (a) Division 2 of Part 2-9 (payment of wages etc.);
29 (b) Part 3-1 (general protections);
30 (c) Part 3-2 (unfair dismissal);
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 21
Bill 2020Schedule 1 Amendment of the Fair Work Act 2009
Part 1 Amendments
1 (d) section 772 (employment not to be terminated on certain
2 grounds);
3 (e) an anti-discrimination law;
4 (f) a law of the Commonwealth, a State or a Territory, so far as
5 the law deals with health and safety obligations of employers
6 or employees;
7 (g) a law of the Commonwealth, a State or a Territory, so far as
8 the law deals with workers’ compensation.
9 (2) This Part has effect subject to a person’s right to be represented, or
10 collectively represented, by an employee organisation or employer
11 organisation.
12 789GZA Redundancy
13 The giving of a jobkeeper enabling direction does not amount to a
14 redundancy.
15 Division 13—Review of this Part
16 789GZB Review of this Part
17 (1) The Minister must cause an independent review to be conducted of
18 the operation of this Part.
19 (2) The review must start on or before:
20 (a) 28 July 2020; or
21 (b) if a later day is specified in the regulations—that later day.
22 (3) The persons who conduct the review must:
23 (a) complete the review; and
24 (b) give the Minister a written report of the review;
25 on or before:
26 (c) 8 September 2020; or
27 (d) if a later day is specified in the regulations—that later day.
28 (4) The Minister must cause a copy of the report to be tabled in each
29 House of the Parliament within 5 sitting days of that House after
30 the report is given to the Minister.
22 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Amendment of the Fair Work Act 2009 Schedule 1
Repeal of the core provisions of Part 6-4C of the Fair Work Act 2009 etc. Part 2
1 Part 2—Repeal of the core provisions of Part 6-4C of
2 the Fair Work Act 2009 etc.
3 Fair Work Act 2009
4 6 Subsection 539(2) (table items 39, 40 and 41)
5 Repeal the items (including the heading).
6 7 Sections 789GA and 789GB
7 Repeal the sections.
8 8 Section 789GC (definition of jobkeeper enabling direction)
9 Before “section”, insert “repealed”.
10 9 Divisions 2, 3, 4, 5, 6, 9 and 11 of Part 6-4C
11 Repeal the Divisions.
12 10 Transitional—jobkeeper enabling directions etc.
13 To avoid doubt, the repeal of Divisions 2, 3, 4, 5, 6, 9 and 11 of
14 Part 6-4C of the Fair Work Act 2009 by this Part has the effect that:
15 (a) no further jobkeeper enabling directions can be given; and
16 (b) any jobkeeper enabling directions that were in effect at the
17 time of the repeal cease to have effect from the time of the
18 repeal; and
19 (c) an agreement under subsection 789GG(2) or 789GJ(2) of that
20 Act ceases to have effect from the time of the repeal.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 23
Bill 2020Schedule 2 Payment Acts consequential amendments
Part 1 Coronavirus economic response payments
1 Schedule 2—Payment Acts consequential
2 amendments
3 Part 1—Coronavirus economic response payments
4 Income Tax Assessment Act 1936
5 1 After paragraph 202(s)
6 Insert:
7 (sa) to facilitate the administration of the Coronavirus Economic
8 Response Package (Payments and Benefits) Act 2020; and
9 2 Application
10 The amendment of section 202 of the Income Tax Assessment Act 1936
11 made by this Part applies, from the commencement of this Part, in
12 relation to information obtained or created before, on or after that
13 commencement.
14 Income Tax Assessment Act 1997
15 3 Section 11-15 (after table item headed “copyright collecting
16 societies”)
17 Insert:
Coronavirus economic response payment
certain payments in accordance with the Coronavirus 53-25
Economic Response Package (Payments and Benefits)
Act 2020 ........................................................................
18 4 Section 11-55 (after table item headed “cash flow boost”)
19 Insert:
Coronavirus economic response payment
certain payments in accordance with the Coronavirus 59-95
Economic Response Package (Payments and Benefits)
Act 2020 ........................................................................
20 5 At the end of Division 53
21 Add:
24 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Payment Acts consequential amendments Schedule 2
Coronavirus economic response payments Part 1
1 53-25 Coronavirus economic response payment
2 A payment is exempt from income tax if:
3 (a) the payment is paid in accordance with rules made under the
4 Coronavirus Economic Response Package (Payments and
5 Benefits) Act 2020; and
6 (b) those rules state that the payment is exempt from income tax.
7 6 At the end of Division 59
8 Add:
9 59-95 Coronavirus economic response payment
10 A payment is not assessable income and is not *exempt income if:
11 (a) the payment is paid in accordance with rules made under the
12 Coronavirus Economic Response Package (Payments and
13 Benefits) Act 2020; and
14 (b) those rules state that the payment is not assessable income
15 and is not exempt income.
16 Social Security Act 1991
17 7 At the end of subsection 8(8)
18 Add:
19 ; (zu) a payment:
20 (i) paid in accordance with rules made under the
21 Coronavirus Economic Response Package (Payments
22 and Benefits) Act 2020; and
23 (ii) stated, in those rules, not to be income in relation to the
24 person for the purposes of this Act.
25 Taxation Administration Act 1953
26 8 Subsection 8AAB(4) (after table item 19A)
27 Insert:
19B 10 Coronavirus Economic wrong payment or overpayment
Response Package of a Coronavirus economic
(Payments and Benefits) Act response payment
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 25
Bill 2020Schedule 2 Payment Acts consequential amendments
Part 1 Coronavirus economic response payments
2020
1 9 Section 8AAZA (paragraph (a) of the definition of credit)
2 Repeal the paragraph, substitute:
3 (a) an amount that the Commissioner must pay to a taxpayer
4 under a taxation law, whether or not described as a credit,
5 other than the following amounts:
6 (i) an amount paid under the Product Grants and Benefits
7 Administration Act 2000;
8 (ii) an amount paid under Division 18 (refunds) of the A
9 New Tax System (Luxury Car Tax) Act 1999;
10 (iii) an amount paid under the Coronavirus Economic
11 Response Package (Payments and Benefits) Act 2020 to
12 an entity, unless a determination of the Commissioner
13 under section 8AAZAA specifies that the amount is a
14 credit for the purposes of this subparagraph; and
15 10 After section 8AAZA
16 Insert:
17 8AAZAA Amounts relating to Coronavirus economic response
18 payments
19 (1) The Commissioner may make a written determination that
20 specifies that an amount paid under the Coronavirus Economic
21 Response Package (Payments and Benefits) Act 2020 to an entity is
22 a credit for the purposes of subparagraph (a)(iii) of the definition of
23 credit in section 8AAZA.
24 (2) A determination under subsection (1) is not a legislative
25 instrument.
26 11 Paragraphs 8WA(1AA)(b) and 8WB(1A)(a) and (b)
27 After “(s)”, insert “, (sa)”.
26 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Payment Acts consequential amendments Schedule 2
Coronavirus economic response payments Part 1
1 12 Application
2 The amendment of sections 8WA and 8WB of the Taxation
3 Administration Act 1953 made by this Part apply, from the
4 commencement of this Part, in relation to information obtained or
5 created before, on or after that commencement.
6 13 Subsection 250-10(2) in Schedule 1 (at the end of the
7 table)
8 Add:
143 overpayments of subsection 9(3) Coronavirus Economic Response
Coronavirus Package (Payments and Benefits)
economic response Act 2020
payments
9 Veterans’ Entitlements Act 1986
10 14 At the end of subsection 5H(8)
11 Add:
12 ; (zzd) a payment:
13 (i) paid in accordance with rules made under the
14 Coronavirus Economic Response Package (Payments
15 and Benefits) Act 2020; and
16 (ii) stated, in those rules, not to be income in relation to the
17 person for the purposes of this Act.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 27
Bill 2020Schedule 2 Payment Acts consequential amendments
Part 2 Paid Parental Leave
1 Part 2—Paid Parental Leave
2 Paid Parental Leave Act 2010
3 15 Section 6
4 Insert:
5 jobkeeper payment: see subsection 34(4).
6 jobkeeper payment period: see subsection 34(3).
7 16 Section 30 (paragraph beginning “Division 3”)
8 After “subsequent child.”, insert “Any jobkeeper payment period for the
9 person may also be taken into account.”.
10 17 Section 32 (note 3)
11 After “subsection 34(1),”, insert “and does not also perform qualifying
12 work on that day because of paragraph (e) of that definition,”.
13 18 At the end of section 32
14 Add:
15 Note 4: If the person performs qualifying work on a day because of
16 paragraph (e) of the definition of qualifying work in subsection 34(1),
17 the number of hours of qualifying work the person is taken to have
18 performed on that day is determined in accordance with the PPL rules
19 (see section 35B).
20 19 At the end of subsection 34(1)
21 Add:
22 ; (e) the day is in a jobkeeper payment period for the person.
23 20 At the end of section 34
24 Add:
25 (3) A jobkeeper payment period for a person is a period for which:
26 (a) an employer of the person is entitled to one or more
27 jobkeeper payments for the person; or
28 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Payment Acts consequential amendments Schedule 2
Paid Parental Leave Part 2
1 (b) the person themselves is entitled to one or more jobkeeper
2 payments.
3 (4) A jobkeeper payment is a payment that:
4 (a) is payable by the Commonwealth in accordance with rules
5 made under the Coronavirus Economic Response Package
6 (Payments and Benefits) Act 2020; and
7 (b) is known as jobkeeper payment.
8 21 After section 35A
9 Insert:
10 35B Hours of qualifying work on a day in a jobkeeper payment
11 period
12 (1) For the purposes of step 5 of the method statement in section 32, if
13 a person performs qualifying work on a day because the day is in a
14 jobkeeper payment period for the person, the person is taken to
15 have performed on that day the number of hours of work
16 determined in accordance with the PPL rules.
17 (2) Subsection (1) has effect:
18 (a) even if the person also performs qualifying work on that day
19 because of paragraph 34(1)(a), (b), (c) or (d); and
20 (b) despite section 35A.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 29
Bill 2020Schedule 2 Payment Acts consequential amendments
Part 3 Cash flow boosts
1 Part 3—Cash flow boosts
2 Boosting Cash Flow for Employers (Coronavirus Economic
3 Response Package) Act 2020
4 22 After section 2
5 Insert:
6 2A Application to external Territories
7 This Act extends to every external Territory referred to in the
8 definition of Australia (within the meaning of section 960-505 of
9 the Income Tax Assessment Act 1997).
10 23 Subparagraph 5(1)(f)(ii)
11 After “2020”, insert “(or a later time allowed by the Commissioner)”.
12 24 At the end of subsection 5(7)
13 Add:
14 ; and (c) for an entity carrying on business solely in the external
15 Territories—assume that the external Territories are part of
16 the indirect tax zone (within the meaning of that Act).
17 25 Subparagraph 6(1)(d)(ii)
18 After “2020”, insert “(or a later time allowed by the Commissioner)”.
19 26 At the end of subsection 6(7)
20 Add:
21 ; and (c) for an entity carrying on business solely in the external
22 Territories—assume that the external Territories are part of
23 the indirect tax zone (within the meaning of that Act).
30 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Payment Acts consequential amendments Schedule 2
Modifications of provisions relating to the social security law Part 4
1 Part 4—Modifications of provisions relating to the
2 social security law
3 Coronavirus Economic Response Package Omnibus Act
4 2020
5 27 Subitem 40A(4) of Schedule 11
6 Insert:
7 Minister means the Minister administering the Social Security
8 (International Agreements) Act 1999.
9 28 Modifications of information management provisions in
10 the social security law
11 (1) The Social Services Minister may, by legislative instrument, determine
12 modifications of Part 5 of the Social Security (Administration) Act 1999
13 in connection with payments under the Coronavirus Economic
14 Response Package (Payments and Benefits) Act 2020, including
15 applications for such payments.
16 Note: Section 2B of the Acts Interpretation Act 1901 provides that modifications, in relation
17 to a law, includes additions, omissions and substitutions.
18 (2) The Social Services Minister must be satisfied that the determination is
19 in response to circumstances relating to the coronavirus known as
20 COVID-19.
21 (3) A determination under this item has effect accordingly.
22 (4) An instrument made under this item has no operation after 31 December
23 2020.
24 (5) This item is repealed at the end of 31 December 2020.
25 (6) In this item:
26 Social Services Minister means the Minister administering the Social
27 Security (International Agreements) Act 1999.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 31
Bill 2020Schedule 3 Guarantee of lending to small and medium enterprises
1 Schedule 3—Guarantee of lending to small
2 and medium enterprises
3
4 Guarantee of Lending to Small and Medium Enterprises
5 (Coronavirus Economic Response Package) Act
6 2020
7 1 After section 4
8 Insert:
9 4A Non-ADI lender
10 For the purposes of paragraph (b) of the definition of financial
11 institution in section 4, disregard paragraphs 7(2)(i), (ia) and (j) of
12 the Financial Sector (Collection of Data) Act 2001.
32 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Amendments to support the child care sector Schedule 4
Review of certain CCS decisions Part 1
1 Schedule 4—Amendments to support the
2 child care sector
3 Part 1—Review of certain CCS decisions
4 A New Tax System (Family Assistance) (Administration) Act
5 1999
6 1 At the end of section 105E
7 Add:
8 Member of a couple for part of a year
9 (4) Subsections (5) and (6) apply to the review, under this section, by
10 the Secretary of a child care decision that relates to an individual
11 who is a member of a couple on one or more, but not all, of the
12 first Mondays in CCS fortnights that start in an income year.
13 (5) The Secretary must apply Part 1 of Schedule 2 to the Family
14 Assistance Act in relation to each CCS fortnight that starts in the
15 income year as if paragraph 3AA(2)(b) of Schedule 3 to the Family
16 Assistance Act had not been enacted.
17 (6) If the individual is a member of a couple on the first Monday in a
18 CCS fortnight that starts in the income year, the Secretary must
19 apply Part 1 of Schedule 2 to the Family Assistance Act in relation
20 to the fortnight as if:
21 (a) the individual’s adjusted taxable income for the year included
22 the adjusted taxable income for the year for the other member
23 of the couple; and
24 (b) paragraph 1(3)(b) of Schedule 2 to the Family Assistance Act
25 were replaced with the following paragraph:
26 “(b) if the individual is a member of a couple on the first Monday
27 in one or more CCS fortnights that start in the income year—
28 CCS the other member of the couple is entitled to be paid for
29 sessions of care provided to the same child in those
30 fortnights.”.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 33
Bill 2020Schedule 4 Amendments to support the child care sector
Part 1 Review of certain CCS decisions
1 (7) To avoid doubt, subsections (5) and (6) have effect despite Part 1
2 of Schedule 2 to the Family Assistance Act.
3 2 Application
4 (1) The amendment made by item 1 applies in relation to reviews of child
5 care decisions in relation to sessions of care provided in CCS fortnights
6 starting in the 2019-2020 income year, and later income years.
7 (2) The amendment made by item 1 has no effect to the extent (if any) to
8 which it would:
9 (a) result in an acquisition of property (within the meaning of
10 paragraph 51(xxxi) of the Constitution) from a person
11 otherwise than on just terms (within the meaning of that
12 paragraph); or
13 (b) impose taxation (within the meaning of section 55 of the
14 Constitution).
34 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Amendments to support the child care sector Schedule 4
Appropriation Part 2
1 Part 2—Appropriation
2 A New Tax System (Family Assistance) (Administration) Act
3 1999
4 3 Subsections 233(2) and (3)
5 Repeal the subsections, substitute:
6 (2) However, subsection (1) does not apply to a payment of an amount
7 under an agreement entered into under section 85GA (funding
8 agreements) of the Family Assistance Act unless the payment is for
9 a purpose prescribed by the Minister’s rules.
10 Note: The purposes that may be prescribed by the Minister’s rules are
11 limited by subsection 85GA(1) of the Family Assistance Act.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 35
Bill 2020Schedule 4 Amendments to support the child care sector
Part 3 Limits on grant payments made out of standing appropriation
1 Part 3—Limits on grant payments made out of
2 standing appropriation
3 A New Tax System (Family Assistance) (Administration) Act
4 1999
5 4 At the end of section 233
6 Add:
7 (3) The Minister’s rules must prescribe the total amount that may be
8 paid in respect of a financial year under subsection (1) because of
9 subsection (2).
10 (4) Minister’s rules for the purposes of subsection (3) for a financial
11 year:
12 (a) must be made before the start of the financial year; and
13 (b) may be varied at any time before the financial year ends.
14 (5) The Minister’s rules may prescribe the total amount that may be
15 paid in respect of a financial year under subsection (1) because of
16 subsection (2) for a purpose prescribed by the Minister’s rules
17 made for the purposes of subsection (2).
18 5 Transitional—Minister’s rules for the financial year
19 beginning on 1 July 2020
20 Despite paragraph 233(4)(a) of the A New Tax System (Family
21 Assistance) (Administration) Act 1999, as inserted by this Part,
22 Minister’s rules for the purposes of subsection 233(3) of that Act for the
23 financial year beginning on 1 July 2020 may be made during that
24 financial year.
36 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Modification of information and other requirements Schedule 5
1 Schedule 5—Modification of information and
2 other requirements
3
4 1 Modification of information and other requirements
5 (1) This item applies in relation to a provision (an affected provision) of an
6 Act or a legislative instrument that requires or permits any of the
7 following matters (a relevant matter):
8 (a) the giving of information in writing;
9 (b) the signature of a person;
10 (c) the production of a document by a person;
11 (d) the recording of information;
12 (e) the retention of documents or information;
13 (f) the witnessing of signatures;
14 (g) the certification of matters by witnesses;
15 (h) the verification of the identity of witnesses;
16 (i) the attestation of documents.
17 (2) A responsible Minister for an affected provision may, by legislative
18 instrument, determine that, to the extent that the affected provision
19 relates to a relevant matter:
20 (a) the affected provision is varied as specified in the
21 determination in relation to a period specified in the
22 determination; or
23 (b) the affected provision does not apply in relation to a period
24 specified in the determination; or
25 (c) the affected provision does not apply, and that another
26 provision specified in the determination applies instead, in
27 relation to a period specified in the determination.
28 (3) The period specified in a determination made under subitem (2) may be
29 a period that starts before this item commences.
30 (4) A responsible Minister for an affected provision must not make a
31 determination under subitem (2) in relation to the affected provision
32 unless the responsible Minister is satisfied that the determination is in
33 response to circumstances relating to the coronavirus known as
34 COVID-19.
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 37
Bill 2020Schedule 5 Modification of information and other requirements
1 (5) For the purposes of this item, a responsible Minister for an affected
2 provision is:
3 (a) if the affected provision is a provision of an Act—any
4 Minister who administers that Act; or
5 (b) if the affected provision is a provision of a legislative
6 instrument—any Minister who administers the enabling
7 legislation (within the meaning of the Legislation Act 2003)
8 under which that legislative instrument is made.
9 (6) A determination made under subitem (2) has effect accordingly.
10 (7) A determination made under subitem (2) has no operation after
11 31 December 2020.
12 (8) This item is repealed at the end of 31 December 2020.
38 Coronavirus Economic Response Package Omnibus (Measures No. 2) No. , 2020
Bill 2020Additional support for veterans etc. Schedule 6
1 Schedule 6—Additional support for veterans
2 etc.
3
4 1 Definitions
5 In this Schedule:
6 Social Services Minister means the Minister administering the Social
7 Security (International Agreements) Act 1999.
8 veterans’ law means the following:
9 (a) the Veterans’ Entitlements Act 1986;
10 (b) the Military Rehabilitation and Compensation Act 2004;
11 (c) the Safety, Rehabilitation and Compensation
12 (Defence-related Claims) Act 1988;
13 (d) the Australian Participants in British Nuclear Tests and
14 British Commonwealth Occupation Force (Treatment) Act
15 2006;
16 (e) the Treatment Benefits (Special Access) Act 2019.
17 Veterans’ Minister means the Minister administering the Veterans’
18 Entitlements Act 1986.
19 2 COVID-19 supplement
20 (1) If:
21 (a) a person is receiving a payment of the following kind under
22 the veterans’ law:
23 (i) a pension;
24 (ii) income support supplement;
25 (iii) a payment;
26 (iv) compensation;
27 (v) an allowance;
28 (vi) any other pecuniary benefit; and
29 (b) the payment is determined in an instrument under
30 subitem (2);
31 then:
32 (c) the rate of the person’s payment is increased by the amount
33 of the COVID-19 supplement for the period determined in
34 that instrument in relation to that payment; and
No. , 2020 Coronavirus Economic Response Package Omnibus (Measures No. 2) 39
Bill 2020You can also read
