House debates

Wednesday, 18 November 2009

Social Security and Other Legislation Amendment (Income Support for Students) Bill 2009

Consideration of Senate Message

Bill returned from the Senate with amendments.

Ordered that the amendments be considered immediately.

Senate’s amendments—

(1)    Page 3 (after line 2), after clause 3, insert:

3A  Review of impact of student income arrangements

        (1)    The Minister must cause a comprehensive review to be undertaken of the impact of the student income arrangements implemented by this Act on equity, with a particular focus on the impact on rural and regional students.

        (2)    The review must:

             (a)    start not later than 30 June 2012; and

             (b)    be completed within 3 months.

        (3)    The Minister must cause a written report about the review to be prepared.

        (4)    The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

(2)    Schedule 1, page 4 (after line 14), after item 1, insert:

1A  Paragraph 1067A(10)(a)

Omit “at least 30 hours per week”, substitute “on average 30 hours per week”.

(3)    Schedule 1, item 2, page 4 (lines 17 to 20), omit subsection (10A), substitute:

   (10A)    Paragraph (10)(b) does not apply for the purposes of determining whether a person is to be regarded as independent for the purposes of Part 2.11, this Part or section 1070G, unless subsection (10B) or (10C) applies to the person.

(10AA)    Paragraph (10)(c) does not apply for the purposes of determining whether a person is to be regarded as independent for the purposes of Part 2.11, this Part or section 1070G, unless subsection (10B), (10BA) or (10C) applies to the person.

(4)    Schedule 1, item 2, page 4 (after line 24), after paragraph 1067A(10B), insert:

(10BA)    This subsection applies to a person if the Secretary is satisfied that the person is required to live away from home to pursue his or her chosen course of education.

(5)    Schedule 1, item 2, page 5 (lines 13 and 14), omit “30 June 2010”, substitute “31 December 2010”.

(6)    Schedule 1, item 2, page 5 (lines 18 to 20), omit paragraph 1067A(10C)(e).

(7)    Schedule 1, item 2, page 5 (line 23), omit “1 July 2010”, substitute “1 January 2011”.

(8)    Schedule 1, page 5 (after line 25), at the end of item 2, add:

   (10D)    The regulations may prescribe an audit process to enable the Secretary to verify that a person who is to be regarded as independent for the purposes of Part 2.11, this Part or section 1070G because of subsections (10AA) and (10BA) continues to meet the requirements of those subsections.

    (10E)    Regulations made for the purposes of subsection (10D) may include a requirement that such a person periodically provide relevant information to the Secretary, including evidence capable of satisfying the Secretary that the person continues to live away from home.

    (10F)    If:

             (a)    a person fails to meet a requirement prescribed by regulations made for the purpose of subsection (10D); or

             (b)    the Secretary is no longer satisfied that the person meets the requirements of subsections (10AA) and (10BA);

the Secretary may determine that the person is no longer to be regarded as independent for the purposes of Part 2.11, this Part or section 1070G because of subsections (10AA) and (10BA).

(9)    Schedule 1, item 4, page 6 (line 4), omit “, (10B)”, substitute “, (10AA), (10B), (10BA)”.

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