Document ID: chunk:federal_register_of_legislation:C2004A00839:clause:1_134:p1
Version: federal_register_of_legislation:C2004A00839
Segment Type: clause
Provision Reference: sch 1 cl 134 (pt 1/2)
Character Range: 45514–48015

134  Transitional and saving provisions—substitution of Part 3.14

 (1) In this clause:

2001 amending Act means the Family and Community Services Legislation (Simplification and Other Measures) Act 2001.

new Act means this Act, as amended by the 2001 amending Act.

old Act means this Act, as in force immediately before 20 September 2001.

old lump sum preclusion period has the same meaning as in the old Act.

 (2) Part 3.14 of the new Act has effect subject to this clause.

 (3) Subject to subclause (9), if:
 (a) before 20 September 2001, because of the operation of subsection 1165(1A) or (2AA) of the old Act, a social security payment had ceased to be payable to a person for a period; and
 (b) if the provisions of the old Act had continued in force on and after 20 September 2001, the payment would not have become payable again until a time on or after that date;
then, on and after 20 September 2001, the new Act has effect as if:
 (c) the new Act had been in operation when the social security payment ceased to be payable for the period; and
 (d) the social security payment had so ceased because of the operation of subsection 1169(1) of the new Act.

 (4) Subject to subclause (9), if:
 (a) before 20 September 2001, because of the operation of a provision of the old Act specified in the table in subclause (8), the rate at which a social security payment was payable to a person was reduced for a period; and
 (b) if the provisions of the old Act had continued in force on and after 20 September 2001, the payment would have continued to be payable at the reduced rate until a time on or after that date;
then, on and after 20 September 2001, the new Act has effect as if:
 (c) the new Act had been in operation when the social security payment became payable at the reduced rate; and
 (d) the social security payment had become so payable because of the operation of the corresponding provision of the new Act.

 (5) If a notice to which this subclause applies was in effect immediately before 20 September 2001, the new Act has effect, on and after 20 September 2001, as if:
 (a) the new Act had been in operation when the notice was given; and
 (b) the notice had been given under the provision of the new Act that corresponds to the provision of the old Act under which the notice was given.

 (6) Subclause (5) applies to the following notices:
 (a) a notice under subsection 1166(1) of the old Act in relation to a recoverable amount calculated under subsection 1166(3), (4)