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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Defence Legislation Amendment
(Miscellaneous Measures) Bill 2020
No. , 2020
(Defence)
A Bill for an Act to amend the law relating to
defence, and for related purposes
No. , 2020
Defence Legislation Amendment (Miscellaneous Measures) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Defence Home Ownership Assistance Scheme
3
Part 1--Amendments
3
Defence Home Ownership Assistance Scheme Act 2008
3
Part 2--Application and transitional provisions
4
Schedule 2--Australian Defence Force Superannuation
6
Australian Defence Force Superannuation Act 2015
6
Superannuation Industry (Supervision) Act 1993
7
No. , 2020
Defence Legislation Amendment (Miscellaneous Measures) Bill 2020
1
A Bill for an Act to amend the law relating to
1
defence, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Defence Legislation Amendment (Miscellaneous
5
Measures) Act 2020
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Defence Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedule 1
The 28th day after this Act receives the
Royal Assent.
3. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Defence Home Ownership Assistance Scheme
Schedule 1
Amendments
Part 1
No. , 2020
Defence Legislation Amendment (Miscellaneous Measures) Bill 2020
3
Schedule 1--Defence Home Ownership
1
Assistance Scheme
2
Part 1--Amendments
3
Defence Home Ownership Assistance Scheme Act 2008
4
1 Subsections 17(2) and (3) and 18(2)
5
Omit "2 years" (wherever occurring), substitute "5 years".
6
2 Subsection 47(1) (cell at table item
3, column headed "If the
7
person is eligible at the time
... ")
8
Repeal the cell, substitute:
9
As a rejoining
incapacitated member
(see section 10), or a
rejoining member (see
section 11)
3 Subsection 47(1) (table item 4)
10
Repeal the item.
11
4 Subsection 47(1) (table item
6, column headed "If the
12
person is eligible at the time
... ")
13
Omit "items 1 to 5", substitute "items 1, 2, 3 or 5".
14
Schedule 1
Defence Home Ownership Assistance Scheme
Part 2
Application and transitional provisions
4
Defence Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
Part 2--Application and transitional provisions
1
5 Definitions
2
In this Part:
3
commencement
means the day this item commences.
4
new law
means the
Defence Home Ownership Assistance Scheme Act
5
2008
, as amended by Part 1 of this Schedule.
6
old law
means the
Defence Home Ownership Assistance Scheme Act
7
2008
, as in force immediately before the commencement of this item.
8
6 Application provision
--application for subsidy certificate
9
Subject to item 7, sections 17 and 18 of the new law apply in relation to
10
an application for a subsidy certificate that:
11
(a) is made on or after commencement; or
12
(b) was pending immediately before commencement.
13
7 Transitional provision
--application for subsidy certificate
14
(1)
This item applies if:
15
(a) before commencement, the Secretary refused to give a
16
subsidy certificate to an applicant under subsection 16(3) of
17
the old law only because the application for the subsidy
18
certificate (the
old application
) was not made within the
19
2-year period mentioned in paragraph 17(2)(a) or
20
subsection 17(3) of the old law; and
21
(b) on or after commencement, the applicant makes an
22
application (the
new application
) for a subsidy certificate
23
under the new law.
24
(2)
In deciding the new application, the Secretary must disregard the old
25
application for the purpose of being satisfied of the matter mentioned in
26
paragraph 17(1)(c) of the new law.
27
8 Application provision
--accrued subsidy period
28
Subsection 47(1) of the new law applies in relation to the calculation of
29
a person's accrued subsidy period at a time that occurs on or after
30
commencement if:
31
Defence Home Ownership Assistance Scheme
Schedule 1
Application and transitional provisions
Part 2
No. , 2020
Defence Legislation Amendment (Miscellaneous Measures) Bill 2020
5
(a) on or after commencement, the person is given a subsidy
1
certificate; or
2
(b) immediately before commencement, the person holds a
3
subsidy certificate that is in force; or
4
(c) both of the following apply:
5
(i) subsidy becomes payable to the person under the old
6
law before commencement;
7
(ii) immediately before commencement, subsidy had not
8
stopped being payable to the person under the old law.
9
Schedule 2
Australian Defence Force Superannuation
6
Defence Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
Schedule 2--Australian Defence Force
1
Superannuation
2
3
Australian Defence Force Superannuation Act 2015
4
1 Section 3
5
Omit:
6
The Department must pay contributions to ADF Super for the
7
benefit of certain ADF Super members.
8
substitute:
9
The Department must pay contributions to ADF Super for the
10
benefit of certain ADF Super members. Contributions may also be
11
made by employers of ADF Super members who are former
12
long-term ADF members, and by ADF Super members who are
13
self-employed former long-term ADF members, in accordance
14
with the Trust Deed.
15
2 Section 4
16
Insert:
17
employer
has the same meaning as in the SIS Act.
18
former long-term ADF member
: a person is a
former long-term
19
ADF member
if:
20
(a) for a continuous period of at least 12 months, the person was
21
any of the following:
22
(i) a member of the Permanent Forces;
23
(ii) a continuous full-time Reservist; and
24
(b) at a particular time (whether before, on or after the
25
commencement of this definition), the person ceased to be
26
any of the following:
27
(i) a member of the Permanent Forces;
28
(ii) a continuous full-time Reservist; and
29
(c) at that time, the person was an ADF Super member; and
30
Australian Defence Force Superannuation
Schedule 2
No. , 2020
Defence Legislation Amendment (Miscellaneous Measures) Bill 2020
7
(d) at all times since that time, the person:
1
(i) has continued to be an ADF Super member; and
2
(ii) has not been either a member of the Permanent Forces
3
or a continuous full-time Reservist.
4
3 At the end of section 16
5
Add:
6
(3) This section does not prevent contributions from being made by
7
employers of ADF Super members who are former long-term ADF
8
members, or by ADF Super members who are self-employed
9
former long-term ADF members, in accordance with the Trust
10
Deed.
11
4 Before subsection 24(1)
12
Insert:
13
(1A) This section applies in relation to an ADF Super member who is:
14
(a) a member of the Permanent Forces; or
15
(b) a continuous full-time Reservist.
16
5 After paragraph 26(c)
17
Insert:
18
(ca) an employer of a former long-term ADF member who, in
19
accordance with the Trust Deed, makes contributions to the
20
ADF Super Fund for the benefit of the former long-term
21
ADF member;
22
Superannuation Industry (Supervision) Act 1993
23
6 Paragraph 68AAA(6)(b)
24
Repeal the paragraph, substitute:
25
(b) an ADF Super member (within the meaning of the
Australian
26
Defence Force Superannuation Act 2015
) who is:
27
(i) a member of the Permanent Forces (within the meaning
28
of that Act); or
29
(ii) a continuous full-time Reservist (within the meaning of
30
that Act); or
31
Schedule 2
Australian Defence Force Superannuation
8
Defence Legislation Amendment (Miscellaneous Measures) Bill 2020
No. , 2020
7 Paragraph 68AAA(6)(c)
1
After "ADF Super member", insert "covered by paragraph (b) of this
2
subsection".
3
8 Paragraph 68AAB(4)(b)
4
Repeal the paragraph, substitute:
5
(b) an ADF Super member (within the meaning of the
Australian
6
Defence Force Superannuation Act 2015
) who is:
7
(i) a member of the Permanent Forces (within the meaning
8
of that Act); or
9
(ii) a continuous full-time Reservist (within the meaning of
10
that Act); or
11
9 Paragraph 68AAB(4)(c)
12
After "ADF Super member", insert "covered by paragraph (b) of this
13
subsection".
14
10 Paragraph 68AAC(4)(b)
15
Repeal the paragraph, substitute:
16
(b) an ADF Super member (within the meaning of the
Australian
17
Defence Force Superannuation Act 2015
) who is:
18
(i) a member of the Permanent Forces (within the meaning
19
of that Act); or
20
(ii) a continuous full-time Reservist (within the meaning of
21
that Act); or
22
11 Paragraph 68AAC(4)(c)
23
After "ADF Super member", insert "covered by paragraph (b) of this
24
subsection".
25
12 Paragraph 68AA(9)(b)
26
Repeal the paragraph, substitute:
27
(b) an ADF Super member (within the meaning of the
Australian
28
Defence Force Superannuation Act 2015
) who is:
29
(i) a member of the Permanent Forces (within the meaning
30
of that Act); or
31
(ii) a continuous full-time Reservist (within the meaning of
32
that Act); or
33
Australian Defence Force Superannuation
Schedule 2
No. , 2020
Defence Legislation Amendment (Miscellaneous Measures) Bill 2020
9
13 Paragraph 68AA(9)(c)
1
After "ADF Super member", insert "covered by paragraph (b) of this
2
subsection".
3