Senate debates

Tuesday, 10 May 2011

Bills

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Bill 2010; In Committee

Bill—by leave—taken as a whole.

1:42 pm

Photo of Jan McLucasJan McLucas (Queensland, Australian Labor Party, Parliamentary Secretary for Disabilities and Carers) Share this | | Hansard source

I table a supplementary explanatory memorandum and a revised supplementary explanatory memorandum relating to the government amendments to be moved to this bill. The memoranda were circulated in the chamber on 22 and 23 March 2011. I seek leave to move govern­ment amendments (1) through (4) on sheet BM387 together.

Leave granted.

I move:

(1)   Clause 2, page 2 (table item 2), omit the table item, substitute:

(2)   Schedule 2, heading, page 8 (lines 1 and 2), omit the heading, substitute:

Schedule 2—Disability support pension

[portability of disability support pension]

(3)   Schedule 2, item 7, page 9 (table item 2), after "1218AA", insert ", 1218AB".

[portability of disability support pension]

(4)   Schedule 2, page 9 (before line 12), before item 8, insert:

7A After section 1218AA

Insert:

1218AB Extended portability period for disability support pension(1)   The Secretary may, by written determination, extend the person's portability period for disability support pension if all of the following circumstances (the qualifying circumstances) exist:   (a)   the person is severely disabled (see subsection 23(4B));   (b)   the person is receiving disability support pension;   (c)   the person is wholly or substantially dependent on a family member of the person (see subsection 23(14));   (d)   the Secretary is satisfied that the person will be living with the family member of the person throughout the period of absence;   (e)   the family member of the person is engaged in employment in Australia for an employer immediately before the start of the period of absence;   (f)   the Secretary is satisfied that the family member of the person will be engaged in employment outside Australia for that employer throughout the period of absence.(2)   If the Secretary extends a person's portability period under subsection (1), the person's portability period for disability support pension, for the purposes of this Part, is the extended period.(3)   The Secretary may revoke the determination if any of the qualifying circumstances ceases to exist.(4)   A determination under subsection (1) is not a legislative instrument.

Note:   The heading to section 1218AA is altered by omitting "Extended" and substituting "Unlimited".

Question agreed to.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.