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Odgers' Australian Senate Practice Thirteenth Edition

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Contents

Appendix 6

List of bills in which the Senate has made requests for amendments and results of such requests, 1901-2012

HRD page(s) on which Senate requests appear

Date

Title of Bill and Nature of Request

How Disposed Of

4160-4161

28/05/98

Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Bill 1998 — Four requested amendments relating to rates of Austudy payment and one requested amendment relating to qualification for child disability allowance8 (both requests and amendments were made in this bill)

Requested amendments made

4871-4872, 4906 and 4907

04/06/98

Authorised Deposit-taking Institutions Supervisory Levy Imposition Bill 1998, General Insurance Supervisory Levy Imposition Bill 1998, Life Insurance Supervisory Levy Imposition Bill 1998 and Retirement Savings Account Providers Supervisory Levy Imposition Bill 1998 — One requested amendment to each bill to determine an appropriate date for entities to measure their assets to calculate the levy payable

Requested amendments made

5579-5580

29/06/98

Social Security and Veterans’ Affairs Legislation Amendment (Budget and Other Measures) Bill 1997 — Four requested amendments to extend the qualification for carer payment to carers of profoundly disabled children and two requested amendments to expand the qualification for mobility allowance (both requests and amendments were made in this bill)

Requested amendments made

4607

29/03/99

Health Legislation Amendment Bill (No. 2) 1999 — One requested amendment to provide the Medicare rebate for procedures for which a facilities fee is set which can be covered by private health insurance (both a request and amendments were made in this bill)

Requested amendment not made/ Senate did not press request and made alternative amendments

7736

29/06/99

A New Tax System (Goods and Services Tax Transition) Bill 1998 — One requested amendment to ensure that a right granted after 2 December 1998 and before 1 July 2000 for exercise after 1 July 2000 is subject to GST9 (both a request and amendments were made in this bill)

Requested amendment made

7736-7741

29/06/99

A New Tax System (Compensation Measures Legislation Amendment) Bill 1998 — Ten requested amendments to: introduce a pension supplement of four per cent of the maximum basic pension rate; provide a seven per cent increase in the rent assistance rate; and modify the CPI adjustment provisions for social security and veterans’ benefits and allowances (both requests and amendments were made in this bill)

Requested amendments made

–

29/06/99

A New Tax System (Bonuses for Older Australians) Bill 1998 — Ten requested amendments to extend the self-funded retirees’ supplementary bonus to persons aged 55 years and over on 1 July 2000 who meet certain qualification conditions (both requests and amendments were made in this bill)

Requested amendments made

7748-7749

29/06/99

A New Tax System (Family Assistance) Bill 1999 — Nine requested amendments to: extend eligibility for and increase the rate of family tax benefit; and provide for CPI indexation of family tax benefit (both requests and amendments were made in this bill)

Requested amendments made

8649-8653

12/08/99

A New Tax System (Commonwealth–State Financial Arrangements) Bill 1998 — One requested amendment to include in GST revenue to States and Territories local government assistance grants withheld from local authorities that do not comply with the GST system; one requested amendment to provide States and Territories with an entitlement to revenue replacement payments in 2000-2001 equal to the amount of business franchise fee safety net revenues; and three requested amendments in relation to distribution of GST revenue grants and transitional assistance to States and Territories (both requests and amendments were made in this bill)

Requested amendments made

10849-10850

29/09/99

Aged Care Amendment (Omnibus) Bill 1999 — Six requested amendments to ensure that people who became charge exempt residents after 1 July 1999 but before the passage of the bill are covered by the provisions exempting the principal home and rental income earned on a principal home to pay for accommodation charges from the pension income and asset tests (both requests and amendments were made in this bill)

Requested amendments made

11321

12/10/99

Further 1998 Budget Measures Legislation Amendment (Social Security) Bill 1999 — Two requested amendments to extend retrospective entitlement to Community Development Employment Projects Scheme participant supplement payments and two requested amendments relating to circumstances where a person will be considered to have sufficient reason to move to a new place of residence, even though the person’s employment prospects will be reduced as a result of the move, thus continuing to receive allowance payments10 (both requests and amendments were made in this bill)

Requested amendments made

12189

21/10/99

Higher Education Funding Amendment Bill 1999 — One requested amendment to appropriate additional funds for the 2000 and 2001 funding years

Requested amendments made

13305-13306

09/12/99

Textile, Clothing and Footwear Strategic Investment Program Bill 1999 — Two requested amendments to provide for advances on grants and loans to be paid out of the Consolidated Revenue Fund (both requests and amendments were made in this bill)

Requested amendments made

15756

12/04/00

A New Tax System (Family Assistance and Related Measures) Bill 2000 — 2 requested amendments to exclude certain income support recipients from the child care benefit income test; and to include the pension supplement in the income cut-out amount formula11 (both requests and amendments were made in this bill)

Requested amendments made

16255-8

11/05/00

A New Tax System (Fringe Benefits) Bill 2000 — 19 requested amendments to provide for consistent FBT treatment of public and non-profit hospitals; clarify FBT capping changes; broaden the definition of ‘remote area’; clarify GST-creditable benefits and the calculation of aggregate fringe benefits amounts12

Requested amendments made

15474-5, 16131-2, 18268-75

06/04/00, 10/05/00 and 26/06/00

Youth Allowance Consolidation Bill 1999 — 2 requested amendments to extend the definition of ‘full-time student’; and provide for payment of Austudy for masters studies (both requests and amendments were made in this bill)

Requested amendments not made, with an amendment made in place of first request/ Senate did not press requests, agreed to substitute amendment and made four further requests (and a consequential amendment) to increase rates for certain youth allowance, Austudy and disability support pension recipients/ Further requests made

18054-5, 18433

22/06/00 and 28/06/00

Social Security and Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Bill 2000 — 1 requested amendment to exclude war time disability pensions from the income test for social security payments (both requests and amendments were made in this bill)

Requested amendment not made/ Senate did not press request and made one further request13 to remove disability pensions paid to certain World War II veterans from the social security income test/ Further request not made/ Senate did not press further request

18434

28/06/00

Indirect Tax Legislation Amendment Bill 2000 — 3 requested amendments to remove the goods and services tax reverse charge on fees paid for the services of expatriate employees; and allow an input tax credit to financial supply providers where no fringe benefits tax is payable14 (both requests and amendments were made in this bill)

Requested amendments made

18725-6

30/06/00 am

New Business Tax System (Alienation of Personal Services Income) Bill 2000 — 13 requested amendments to amend proposed new rules for the income tax treatment of certain personal services income; and provide for a report on the operation of the Act15

Requested amendments nos 2 to 5 and 7 to 12 made, requested amendments nos 1, 6 and 13 not made, with two amendments made in place of requested amendment No. 6/ Senate did not press requests nos 1, 6 and 13 and agreed to substitute amendments

22767

27/11/00

States Grants (Primary and Secondary Education Assistance) Bill 2000 — Two requested amendments to raise levels of assistance to government and non-government schools for special education (both requests and amendments were made to this bill)

Requested amendments not made/ Senate pressed requests/ Pressed requests not made/ Senate further pressed requests/ Further pressed requests not made/ Senate did not further press requests

22942

29/11/00

Veterans’ Affairs Legislation Amendment (Budget Measures) Bill 2000 — One requested amendment to extend veterans’ benefits to members of civilian medical or surgical teams who served in Vietnam

Requested amendment not made/ Senate pressed request/ Pressed request not made/ Senate did not further press request

23738

7/12/00

Taxation Laws Amendment Bill (No. 8) 2000 — One requested amendment to make the surrender of short-term crown leases in return for the grant of freehold or long-term leases GST-free16 (both requests and amendments were made to this bill)

Requested amendment made

26563-4

5/4/01

Excise Tariff Amendment Bill (No. 1) 2001 — Two requested amendments to reduce the rate of excise on certain beer products

Requested amendments made

26569-74

5/4/01

Customs Tariff Amendment Bill (No. 2) 2001 — Two requested amendments to reduce the rate of customs duty on certain beer products

Requested amendments made

28731

27/6/01

Dairy Produce Legislation Amendment (Supplementary Assistance) Bill 2001 — One requested amendment to increase amounts payable under the Supplementary Dairy Assistance Scheme by providing a lower threshold for a basic level of payment

Requested amendment not made, with nine amendments made in place of requested amendment/ Senate did not press request and agreed to substitute amendments

30096-7

23/8/01

Alcohol Education and Rehabilitation Account Bill 2001 — One requested amendment to provide for the Alcohol Education and Rehabilitation Foundation to receive interest on moneys collected for four financial years

Requested amendment made

31644-5

27/9/01

States Grants (Primary and Secondary Education Assistance) Bill (No. 2) 2001 — One requested amendment to raise the levels of assistance to government schools

Requested amendment not made/ Senate pressed request/ House of Representatives reported message

7777

16/10/02

Members of Parliament (Life Gold Pass) Bill 2002 — One requested amendment to expand the definition of ‘spouse’ to include defacto spouses

Requested amendment not made/ Senate pressed request/ Pressed request not made/ Senate did not further press request

9485

3/12/02

Health Insurance Amendment (Professional Services Review and Other Matters) Bill 2002 — One requested amendment to enable a Cleft Lip and Cleft Palate Scheme patient to undergo certain further treatment after 28 years of age

Requested amendment made

20815

8/10/03

Superannuation (Government Co-contribution for Low Income Earners) Bill 2003 — One requested amendment to raise the income threshold for government co-contributions and one requested amendment to raise the cap on government co-contributions

Requested amendments made

21788-9

3/11/03

Family Assistance Legislation (Amendment) (Extension of Time Limits) Bill 2003 — Eight requested amendments to extend the time limits for making past period claims for family assistance and top up payments of family assistance by 12 months

Requested amendments not made/ Senate pressed requests/ House of Representatives did not consider pressed requests/ Senate did not further press requests

23456

5/12/03

Higher Education Support Bill 2003 — Five requested amendments to increase the amounts available to fund grants under the bill

Requested amendments made

23456-7

5/12/03

Higher Education Support (Transitional Provisions and Consequential Amendments) Bill 2003 — Two requested amendments to exclude the value of certain scholarships from certain income tests

Requested amendments made

26629

11/3/04

Health Legislation Amendment (Medicare) Bill 2003 — Three requested amendments to reduce the thresholds for the Medicare safety-net for families and individuals

Requested amendments made

27667-8

31/3/04

Military Rehabilitation and Compensation Bill 2003 — Eight requested amendments to extend eligibility for compensation, treatment and telephone allowances and to increase the amounts of certain compensation payable

Requested amendments nos 2 to 8 made and requested amendment No. 1 not made/ Senate did not press request No. 1

27671-3

31/3/04

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Bill 2003 — Two requested amendments to increase the rate at which certain pensions are payable

Requested amendments made

31075-87

22/6/04

Veterans’ Entitlements (Clarke Review) Bill 2004 — Two requested amendments to increase expenditure in relation to income support supplements, bereavement payments, remote area allowances, social security pensions and benefits; and provide for two new veterans’ payments

Requested amendments made

16/6/05

Family and Community Services Legislation Amendment (Family Assistance and Related Measures) Bill 2005 — Three requested amendments to widen eligibility for maternity payment for adopted children by increasing the upper limit of the age range of such children

Requested amendments not made/ Senate did not press requests

131

7/12/05

Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Bill 2005 — Six requested amendments to provide for exemption from certain requirements for carers and higher maximum payments of certain allowances

Requested amendments made

111

16/8/06

Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 — Two requested amendments to remove a cap on rental payments for township leases and a restriction on other payments in relation to township leases

Requested amendments made

43-4

27/3/07

Private Health Insurance (Reinsurance Trust Fund Levy) Amendment Bill 2006 — Three requested amendments to set the rates of risk equalisation levy by administrative instrument rather than by legislative instrument

Requested amendments made

119

19/9/07

Tax Laws Amendment (2007 Measures No. 5) Bill 2007 — Two requested amendments to increase the number of films that may be eligible for a refundable tax offset

Requested amendments made

34-5

25/6/08

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Bill 2008 — One requested amendment to lower adjusted taxable income for family assistance payment purposes (both a request and amendments were made to this bill)

Requested amendment made

8404-8407

24/9/08

Tax Laws Amendment (Luxury Car Tax) Bill 2008 — One requested amendment to reduce the luxury car tax applicable to fuel-efficient cars; one requested amendment to provide for a four-year sunset clause in relation to the indexation method; one requested amendment to specify that the tax does not apply retrospectively to contracts entered into before 7.30pm on 13 May 2008; and one requested amendment to provide exemptions for primary producers and tourism operators from the tax

Requested amendments made

8698-8699

25/9/08

Excise Legislation Amendment (Condensate) Bill 2008 — One requested amendment to change the commencement clause; three requested amendments to provide for the determination of VOLWARE prices for condensate; three requested amendments to implement transitional arrangements for the setting of VOLWARE prices; one requested amendment to extend the period of grace applicable to licensed producers of condensate; and one requested amendment to provide a transitional period for licensing purposes

Requested amendments made

8700-8701

25/9/08

Excise Tariff Amendment (Condensate) Bill 2008 — One requested amendment to change the commencement clause; one requested amendment to remove condensate from the definition of relevant accumulation; and one requested amendment to extend the period of grace applicable to licensed producers of condensate

Requested amendments made

9487-9493

20/10/08

Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 — Eight requested amendments to increase the number of individuals eligible to access the de facto property settlement and spouse maintenance regime; and 12 consequential requested amendments (both requests and amendments were made to this bill)

Requested amendments made

11050-11055

24/11/08

Same-Sex Relationships (Equal Treatment in Commonwealth Laws––Superannuation) Bill 2008 — Two requested amendments to increase the number of individuals eligible to access reversionary superannuation benefits (both requests and amendments were made to this bill)

Requested amendments made

11250-11259

25/11/08

Same-Sex Relationships (Equal Treatment in Commonwealth Laws––General Law Reform) Bill 2008 — Two requested amendments to increase the number of individuals eligible to access child support (both requests and amendments were made to this bill)

Requested amendments made

12690-12691

4/12/08

Road Charges Legislation Repeal and Amendment Bill 2008 — Eight requested amendments relating to the determination of the rate of road user charge; one requested amendment to specify that the road charge is not indexed by regulation; one requested amendment to provide that the road charge is determined only once each financial year; and one requested amendment to provide for a review of the Heavy Vehicle Safety and Productivity Program

Requested amendments made

12716-12717

4/12/08

Temporary Residents’ Superannuation Legislation Amendment Bill 2008 — Three requested amendments to make interest payable by the Commissioner of Taxation for certain unclaimed superannuation

Requested amendments made

2911-2914

17/3/09

Customs Tariff Amendment (2009 Measures No. 1) Bill 2009 — 18 requested amendments to validate the customs duty collected on ‘alcopops’ between 27 April 2008 and royal assent

Requested amendments not made/ Senate did not press requests

2918

17/3/09

Excise Tariff Amendment (2009 Measures No. 1) Bill 2009 — Two requested amendments to validate the excise duty collected on ‘alcopops’ between 27 April 2008 and royal assent

Requested amendments not made/ Senate did not press requests

3960

14/5/09

Employment and Workplace Relations Amendment Bill 2008 —Three requested amendments to make death benefits retrospectively payable to dependent children in the event of a work-related death (both requests and amendments were made to this bill)

Requested amendments made

13268-13269

2/12/09

Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Bill 2009 [No. 2] — Six requested amendments to extend eligibility for the CPRS fuel credits program to the forestry industry; and seven consequential requested amendments

Requested amendments made

13269-13270

2/12/09

Carbon Pollution Reduction Scheme Amendment (Household Assistance) Bill 2009 [No. 2] —Two requested amendments to lower the income threshold to extend eligibility to the FTB combined supplement (both requests and amendments were made to this bill)

Requested amendments made

2854-2855

17/3/10

Social Security and Family Assistance Legislation Amendment (Weekly Payments) Bill 2010 — One requested amendment to delay the start date of education participation requirements for family tax benefit; and one consequential requested amendment

Requested amendments made

2777-2778

17/3/10

Social Security and Other Legislation Amendment (Income Support for Students) Bill 2009 [No. 2] — One requested amendment to extend eligibility for student start-up scholarship and relocation scholarship payments; and one requested amendment to provide higher education assistance to certain rural and regional students (both requests and amendments were made to this bill)

Requested amendments made

5755

17/6/10

Paid Parental Leave Bill 2010 — Two requested amendments to expand the eligibility criteria for parental leave pay; and two consequential requested amendments (both requests and amendments were made to this bill)

Requested amendments made

9162-9163

24/8/11

Income Tax Rates Amendment (Research and Development) Bill 2010 — One requested amendment to delay the start date of additional income tax payable on all or part of a recoupement for research and development activities

Requested amendments made

3536-3539

20/3/12

Telecommunications Universal Service Management Agency Bill 2011 — Two requested amendments to compensate carriage service providers for the cost of providing copies of documetns to the Telecommunications Universal Service ManagmentAgency (both requests and amendments were made to this bill)

Requested amendments made

1 Appropriation Bill 1921-22: for an elaboration of this case, see ASP, 6th ed/, pp 641-642. 2 Statement made by Chair of Committees concerning these requests, 5/5/36, J/186. 3 There is ground for arguing that this request should have been an amendment, because section 53 of the Constitution provides that a bill does not impose taxation by reason of provisions for the payment of fees for licences. 4 Statement made by Chair of Committees concerning these requests, 27/6/96, J/432. 5 Statement made by Chair of Committees concerning this request, 26/11/96, J/1106. 6 Statement made by Chair of Committees concerning these requests, 10/2/97, J/1391. 7 Statement made by Chair of Committees concerning these requests, 26/6/97, J/2248. 8 Statement made by Chair of Committees concerning these requests, 13/5/98, J/3776. 9 Statement made by Chair of Committees concerning this request, 25/6/99, J/1250. 10 Statement made by the Chair of Committees concerning these requests, 20/9/99, J/1690. 11 Statement made by Chair of Committees concerning these requests, 11/4/00, J/2602. 12 Statement made by Chair of Committees concerning these requests, 10/5/00, J/2676. 13 Statement made by Chair of Committees concerning this request, 27/6/00, J/2912. 14 Statement made by Chair of Committees concerning these requests, 26/6/00, J/2885. 15 Statement made by Chair of Committees concerning these requests, 29/6/00, J/3012. 16 Statement made by Chair of Committees concerning this request, 7/12/00, J/3800.

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